The Ivory Act (2018) applies to the import to the UK and export from the UK of items made of or containing elephant ivory which are intended to be dealt. Under the Ivory Act "dealing in ivory" means to:

• buy, sell or hire it;
• offer or arrange to buy, sell or hire it;
• keep it for sale or hire;
• export it from the UK for sale or hire;
• import it into the UK for sale or hire.

The Ivory Act (2018) is regulated by the Animal and Plant Health Agency (APHA) on behalf of the Secretary of State for the Department of Environment, Food and Rural Affairs (Defra).

Please see G/LIC/N/2/GBR/15 for the list of products.

(i) The Ivory Act (2018) prohibits the import and export of items made of or containing elephant ivory for the purposes of dealing those items, unless they fall within one of five exemptions.

There are four standard exemptions which require registration under Section 10 of the Act (Section 10):

• musical instruments made before 1975 with less than 20% ivory by volume.
• items made before 3 March 1947 with less than 10% ivory by volume.
• portrait miniatures made before 1918 with a surface area smaller than 320 square centimetres.
• items that a qualifying museum intends to buy or hire.

There is a separate exemption for which a certificate is required under Section 2 of the Act (Section 2) for items that are pre-1918 and of outstandingly high artistic, cultural or historical value.

(ii) The Ivory Act (2018) does not affect the ownership of ivory and the import to the UK or export from the UK of ivory items for personal use.

The registration and certification requirement applies to all traders and individuals dealing in ivory items in the UK, including importing to or exporting from the UK for the purposes of dealing.

The purpose of the Act is to help conserve elephant populations, specifically by reducing poaching, through significantly limiting the legal market for ivory items in the UK. This is intended to reduce demand for ivory both within the UK and overseas through the application of the sales ban to reexports of ivory items from the UK. The Act also aims to remove the opportunity to launder recently poached ivory as old ivory items through legal markets, and for it to be re-exported to "demand" markets, i.e., those markets where ivory continues to be a desirable commodity. Such markets are also the primary destinations for newly poached and illegally sourced ivory. This is intended to prevent products from the UK contributing, including inadvertently, to markets which create a demand for ivory, driving poaching and the illegal trade in ivory. Finally, the ivory ban will demonstrate the UK does not consider commercial activities in any ivory that could fuel poaching to be acceptable and it sends a message that similar actions should be taken globally.

The Act received Royal Assent on 20 December 2018. It is a statutory requirement for a person to obtain the relevant exemption registration or certification before they deal in an item made of or containing elephant ivory. It is an offence to breach the prohibition, to cause the prohibition to be breached, or to facilitate a breach of the prohibition. A person who commits an offence under the Act may face a civil sanction or criminal prosecution. The only method of removing the requirement would be for Parliament to repeal the Act.

The Ivory Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2022: https://www.legislation.gov.uk/ukpga/2018/30/contents/enacted.

There are two additional Statutory Instruments that accompany the Ivory Act:

https://www.legislation.gov.uk/uksi/2022/94/contents/made; and https://www.legislation.gov.uk/uksi/2022/311/contents/made.

The Act applies globally to all imports to the UK of ivory items that are intended to be dealt.

Before an ivory item can be dealt (as defined in 1 above) the person must either have a valid registration number for the item or an exemption certificate. Items that are checked at the border and that do not have either of these will be seized. The registration documentation or exemption certificate are not required to be transported with the item. However, the registration number or exemption certificate reference may be required for CITES paperwork and customs forms. Customs officers can check whether items have the required exemption by contacting APHA.

(i) Registrations under a standard exemption (Section 10) are instantaneous. The applicant applies online and makes a self-declaration that the item is compliant. After making their declaration they are issued (emailed) immediately with the registration number.

(ii) Applying for an exemption certificate to import a pre-1918 outstandingly high artistic, cultural or historical value item (Section 2) can take around 35 working days. This is because the item must be considered by a Prescribed Institution who will provide an opinion as to whether the item meets the criteria for the exemption. APHA will then decide whether or not to issue an exemption certificate.

Applications for a registration or exemption certificate can be made at any time.

Animal and Plant Health Agency (APHA).

Registrations that are checked and found to be non-compliant are cancelled by APHA and the item cannot be dealt.

For Section 2 items, the reasons for a refusal to issue an exemption certificate are given to the applicant. Applicants have the right to appeal the decision to the First-tier Tribunal under The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules (2009) (SI2009/1976).

Registrations that are checked and found to be non-compliant are cancelled by APHA and the item cannot be dealt.

For Section 2 items, the reasons for a refusal to issue an exemption certificate are given to the applicant. Applicants have the right to appeal the decision to the First-tier Tribunal under The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules (2009) (SI2009/1976).

(i) For registrations under Section 10, the applicant must:

• Add up to six photos of the item. They must include a photo of the whole item and any distinguishing features, including where the ivory is.
• Describe the item and how it meets the exemption criteria.
• Provide contact details.
• Declare that the item in their opinion meets the relevant exemption criteria.
• Pay an administration fee of £20.

(ii) When applying for an exemption certificate under Section 2, the applicant must:

• Explain their reasons why the item meets the exemption criteria.
• Include supporting documents that show an item’s artistic, cultural or historic value.
• Provide clear photographs of the item that shows any distinguishing features.
• Provide contact details.
• Pay an administration fee of £250.

Registrations/applications for exemption certificates are typically carried out using an online service. However, for accessibility purposes there are paper forms (attached) for registrations under Section 10 and applications under Section 2.

Before ivory items can be legally dealt a valid registration number or exemption certificate must have been issued for the item. The registration documentation or exemption certificate are not required to be transported with the item. However, the registration number or exemption certificate reference may be required for CITES paperwork and customs forms.

£20 to register an individual item under Section 10. £50 for a group registration under Section 10. This is for groups of 3 to 20 items that each individually meet the same exemption and form part of the same transaction (being sold or hired out to the same person). £250 to apply for an exemption certificate under Section 2.

No, the payment is made at the time of the application. It is non-refundable.

Each time an item registered under Section 10 is sold or hired out, the owner or applicant will need to make a new registration and pay the registration fee. Items registered under Section 10 are exempt for one transaction. If the new owner wishes to deal the item, they must make a new application to register that item.

Exemption certificates under Section 2 exist in perpetuity provided that the item continues to meet the condition of the exemption.

There is no penalty for non-utilisation of a registration or exemption certificate.

(i) For items registered under Section 10, the registration does not transfer from one owner to the next.

(ii) An exemption certificate is issued for an item and is transferred to a new owner each time the item is dealt. The new owner must notify APHA of their contact details if their intention is to deal in the item. The new owner must:

• provide their contact details (including email address, if any);
• if the applicant is not the owner, the applicant must provide the name and address of the owner;
• confirm whether the item is going to be sold or hired (where this is known);
• declare that the exemption certificate relates to the item that is going to be sold or hired.
• declare that the information on the exemption certificate remains accurate and complete.
• declare that the item continues to satisfy the conditions of being of outstandingly high artistic, cultural or historical value;
• pay a £20 administration fee.

Under the Ivory Act 2018 there are no other administrative/procedural requirements prior to importation*.*

No foreign exchange control.