The majority agreed that it is very common to see ivory when they are staging an estate sale<\/a>.<\/p>\n Almost all companies know there’s an ivory trade ban, yet a quick online search will lead to various ivory carvings listed for sale, this tends to cause a bit of confusion leaving many wondering whether to sell, destroy, or donate the ivory items they find.<\/p>\n A near total ban<\/strong> on the trade of African and Asian elephant ivory went into effect in the United States on July 6, 2016.\u00a0 But there are a few exceptions.<\/p>\n When the ban was first announced, it left antique dealers, and auction houses in a tough spot!\u00a0 Many of them do not have proof of age to meet the requirements, and certified dating tests are costly, making it virtually impossible to liquidate all the ivory items they had on their shelves.<\/p>\n Since the 2016 law went into effect, tighter regulations at the state and federal level have encouraged many dealers, including estate sale companies<\/a> to get out of the ivory trade business altogether.<\/p>\n We contacted the U.S. Fish and Wildlife service<\/a> to get clarification and a quick summary of what\u2019s what on the matter.<\/p>\n The compliance officer we spoke with did not want us to publish his\/her name, but provided us with a lot of information that will answer many of the questions everyone has as an estate liquidator or auctioneer.<\/p>\n There are many additional details and information relating to ivory posted on their website, but in this article, we wanted to highlight the common situations faced by estate sale professionals, how to deal with estate sale ivory, and raise a red flag for those starting a new estate sale business<\/a>.<\/p>\n It’s not illegal to already own ivory.\u00a0 Personal possession is OK, because a family heirloom can pass down within the family. This also applies if you have a vintage musical instrument that has ivory pieces or components.<\/p>\n These items were made years ago, passed down in the family and aren\u2019t a threat or a danger to today\u2019s elephants.<\/p>\n If it\u2019s allowed in your state, maybe, but you\u2019ll also have to meet federal requirements.\u00a0 The safe answer is probably no!\u00a0 That\u2019s about as clear as it can get.<\/p>\n There are a few things you must do first to make sure you are protected and properly abiding by the law at the federal, state, and local levels.<\/p>\n Some states completely prohibit the sale of ivory, so depending on where you live, you may not even be able to sell it at all.<\/p>\n Contact the U.S. Fish and Wildlife by State<\/a> to check the requirements.\u00a0 As of the time of this writing, New York, New Jersey, Washington State, California and Hawaii for example PROHIBIT<\/strong> the sale of ivory completely.\u00a0 If you’re in those states, you’ve got your answer.<\/p>\n If your state does allow the sale of ivory, you must now make sure you abide by the federal law and be ready to produce documents required to justify the sale within your state if asked.<\/p>\n Certificates, dated photos, letters or documents proving that the item was lawfully imported prior to January 18, 1990 if it\u2019s African Ivory, and July 1, 1975 for Asian Ivory.\u00a0 These documents must also be passed on to the buyer of the item.<\/p>\n The sale of ivory items across state lines is always prohibited, unless the items sold qualify as an ESA antiques exemption<\/a>, or meet the \u201cde minimis\u201d criteria.\u00a0 The seller must produce documents as proof to meet this exemption:<\/p>\n *U.S. Customs and Border Protection (CBP) designated 13 ports for the entry of antiques made of ESA-listed species on September 22, 1982 (19 C.F.R. 12.26). The following ports are authorized: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.<\/small><\/p>\n The de minimis exemption only applies to African elephant ivory, not Asian elephant ivory.\u00a0 It is relating to items that contain a small (de minimis) amount of African elephant ivory.<\/p>\n Items that generally qualify under this exemption are musical instruments that have ivory components.<\/p>\n In order to quality for this is exemption, the item being sold must also be:<\/p>\n Interstate sale is always prohibited for hunted trophies that contain ivory.<\/p>\n If you are allowed to sell ivory in your state, or meet the exemption requirements for interstate sales, you do not need a permit from the U.S. Fish and Wildlife Service to sell.<\/p>\n However, if you are offering ivory for sale that does qualify, be ready to produce all the documents required.<\/p>\n As you can see, these requirements are virtually impossible to comply with if you\u2019re an estate sale liquidator.<\/p>\n Often times, when the estate sale is held, paperwork is scattered, and little to no information can be found to prove the above, making it difficult to protect yourself as an estate sale company if ever questioned by authorities about having ivory at estate sales for potential buyers.\u00a0 Is it even worth it?<\/p>\n Yes, there is a difference!\u00a0 The African Ivory has always been more preferred among collectors.<\/p>\n Almost all older ivory items of higher quality are made out of African ivory.\u00a0 Many items that were imported from India also originated in Africa but entered the U.S. as Asian Ivory.\u00a0 How can an estate liquidator tell the difference between the two?<\/p>\n The need to differentiate between the two isn\u2019t so important unless you are going to sell it.\u00a0 So, the first thing to determine is whether your state allows it, and if they do, are all the documents required by federal regulations available? If not, it\u2019s a moot point to try and figure it out.<\/p>\n For sake of information, DNA testing is possibly the best method to tell the difference between African and Asian ivory.\u00a0 But, by just looking at it, the African ivory doesn\u2019t usually have the pinkish tint that\u2019s found in Asian ivory.\u00a0 The grain marks in Asian ivory also have sharper peaks, and they zig-zag a bit more.<\/p>\n The same rules apply plus some.\u00a0 Online platforms have additional policies one must abide by that go above and beyond federal, state, and local regulations.<\/p>\n Ebay<\/a> completely prohibits the sale of ivory on their platform.\u00a0 List something with the words ivory and watch it disappear within minutes.<\/p>\n Sure, many still try to sell ivory items without using the words in the title, but soon enough the listing is flagged and taken down quickly.\u00a0 A few violations on Ebay and your account is suspended for good.\u00a0 Is it worth it?<\/p>\n Live Auctioneers<\/a> is one of the few online platforms where you still see ivory items listed, however, auctioneers using the platform to sell the items sign an agreement that they must not offer for sale through the platform any product of an animal species that is protected as endangered, or threatened, under applicable, national, or local laws.<\/p>\n One must assume that the auction-houses using the service must have documentation certifying the item being sold to meet requirements.<\/p>\n They are putting themselves at risk if they don\u2019t, but the online auction platform protects itself with its seller agreement.<\/p>\n Your best bet is to never include it in a sale, and ask the client to keep it.\u00a0 It is not prohibited to own.\u00a0 You can also suggest that they donate it, if allowed within the State<\/a>.\u00a0 The federal wildlife laws and regulations DO NOT<\/strong> prohibit donating or gifting an ivory item.<\/p>\n If your client decides to donate or gift the items, you may want to suggest they also include any and all documentations or records that show chain of ownership and origin of the item being donated or gifted.<\/p>\n That gift or donation must be made clear and cannot be exchanged for a service or product in return, otherwise it will be considered trade and must abide by the federal, state, and local regulations.<\/p>\n Remember, even if the federal law doesn\u2019t prohibit the gifting or donating of ivory items, local and state laws might!\u00a0 Make sure and check with your local state<\/a> on their particular requirements relating to donating or gifting of ivory items.<\/p>\n In summary, the new rule prohibits the sale of ivory unless it\u2019s for scientific research, part of an antique that\u2019s over 100 years old, or used in a musical instrument that was manufactured prior to 1975.<\/p>\n It\u2019s best to educate yourself on the regulations in your respective local area, but many companies would rather just stay away all together, let the client know they cannot sell ivory, and leave it to the client to decide what to do.<\/p>\n Like anything else, violating the law can have consequences.\u00a0 Hefty fines including prison are in the forecast for anyone caught selling endangered species including ivory items.<\/p>\n The law is enforced by undercover investigators that frequent auction houses and places they believe have access or trade ivory.<\/p>\n The New York Times recently covered a story in 2016 where antique dealers were charged with the illegal sales of ivory priced at 4.5 million dollars<\/a>.<\/p>\n The estate sale industry is not currently regulated<\/a> by a governing body.\u00a0 However, veteran estate sale professionals understand the risks involved and tend to stay away from items prohibited for sale by federal, state, and\/or local government.<\/p>\n This article is merely focused on the sale of ivory.\u00a0 During the course of estate sales, there are many other items you’ll run into such as alcohol, firearms, safety regulation issues for car seats, cribs, etc\u2026 that you must also consider and educate yourself, and your staff about.<\/p>\n If you\u2019re new to the estate sale industry<\/a>, you must take the time, and understand all the laws and regulations relating to the resale of items.<\/p>\n Each home is different, the contents inside each home will also vary, knowing and following the rules can save you from liability<\/a>, hefty fines, including jail time.<\/p>\n When in doubt or you have found yourself in a gray area, don’t sell the item.\u00a0 In this day and age when everyone is watching everyone, exercise caution by first doing your due diligence, then making an educated decision. Said Julie Hall with ASEL, American Society of Estate Liquidators<\/a>.<\/p><\/blockquote>\n Ivory owners are quite educated on the current laws relating to their collections, unfortunately many estate sale clients aren\u2019t the actual collectors themselves but may be family members when you\u2019re hired to host an estate sale.<\/p>\n It\u2019s best to let them know up front about your policy and the current laws.<\/p>\n One thing most experienced estate sale professionals understand is that a well-informed client will have a big impact on the final outcome and satisfaction of that client.<\/p>\n Your estate sale contract<\/a> is a written confirmation of all the verbal agreements you make.\u00a0 You may want to include your policy statement on every contract you issue.<\/p>\n Julie Hall also said “ASEL sometimes receives complaints on estate liquidators,\u00a0 one posted a leopard coat or ivory piece for sale.\u00a0 This shows that the public is watching.\u00a0 Good news is, we investigated and it was a faux coat and plastic figurine.\u00a0 Best to educate the client on what you do know and not have a connection to it.”<\/p>\n We asked Hall, “There is so much ivory collected already, many of the clients think they are valuable, do you think the laws will eventually change?”<\/p>\n Julie Hall replied, “The ivory laws will most likely change again.\u00a0 First there was a ban on ivory and now they are attempting to lift it.\u00a0 Until we have more specifics on ivory and whether or not it can be sold, I highly recommend distancing yourself from it.”<\/p>\n Whether you choose to deal with each estate sale on a case by case basis or create an overall company policy that\u2019s a default statement in your estate sale contract, it is your choice.<\/p>\n As a professional, liability in the estate sale industry<\/a> is something to be concerned with, some liabilities can and will be handled by your insurance company but liabilities that involve government regulations are strictly your responsibility and must be avoided all together.<\/p>\n Begin by joining our online forum for estate sale professionals<\/a> and auctioneers founded by EstateSales.org<\/a>.<\/p>\n Thousands of members discuss, ask, and answer questions relating to this topic and many other topics that will help you grow your estate sale business<\/a> and avoid situations that others may have experienced.<\/p>\n Our goal at EstateSales.org is to provide the industry with reference information that will educate new businesses, provide professional tips to existing ones and open the communication lines between the industry professionals.<\/p>\n If you\u2019ve never come across an estate sale that had ivory, you\u2019re in luck, but you may sooner or later.\u00a0 If you\u2019ve come across an ivory collector\u2019s estate, we\u2019d love to hear from you and find out how you handled the situation.<\/p>\n Leave us your comments below.\u00a0 After reading this article, will you be adding a statement to your estate sale contract that will make it clear, you do not sell prohibited items by federal, state, and local government?<\/p>\n","protected":false},"excerpt":{"rendered":"The United States Laws on Ivory Trade<\/h2>\n
About Owning Ivory<\/h3>\n
Can Estate Ivory Items Be Sold Within State Lines?<\/h2>\n
Required Proof for Ivory Sale<\/h3>\n
Can Ivory at Estate Sales Be Sold Across State Lines?<\/h2>\n
What Qualifies As an ESA Antiques Exemption?<\/h3>\n
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<\/h3>\nWhat Is the De Minimis Exemption?<\/h3>\n
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<\/p>\nAfrican Ivory vs Asian Ivory<\/h2>\n
Selling Estate Sale Ivory Items Online<\/h2>\n
What Can I Do With Estate Sale Ivory Items?<\/h2>\n
Penalties for Illegally Selling Ivory Items<\/h2>\n
Informing the Estate Sale Client<\/h2>\n