Collapse to view only § 4223. Prohibited acts
- § 4221. Review of African elephant conservation programs
- § 4222. Moratoria
- § 4223. Prohibited acts
- § 4224. Penalties and enforcement
- § 4225. Rewards
§ 4221. Review of African elephant conservation programs
(a) In general
Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by—
(1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and
(2) submitting a written request for such information through the Secretary of State to each ivory producing country.
(b) Review and determination
(1) In general
The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria:
(A) The country is a party to CITES and adheres to the CITES Ivory Control System.
(B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country.
(C) The taking of elephants in the country is effectively controlled and monitored.
(D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country.
(E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System.
(2) Delay in issuing determination
(Pub. L. 100–478, title II, § 2201, Oct. 7, 1988, 102 Stat. 2318.)
§ 4222. Moratoria
(a) Ivory producing countries
(1) In general
(2) Later establishment
(b) Intermediary countries
The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country—
(1) is not a party to CITES;
(2) does not adhere to the CITES Ivory Control System;
(3) imports raw ivory from a country that is not an ivory producing country;
(4) imports raw or worked ivory from a country that is not a party to CITES;
(5) imports raw or worked ivory that originates in an ivory producing country in violation of the laws of that ivory producing country;
(6) substantially increases its imports of raw or worked ivory from a country that is subject to a moratorium under this chapter during the first three months of that moratorium; or
(7) imports raw or worked ivory from a country that is subject to a moratorium under this chapter after the first three months of that moratorium, unless the ivory is imported by vessel during the first six months of that moratorium and is accompanied by shipping documents which show that it was exported before the establishment of the moratorium.
(c) Suspension of moratorium
(d) Petition
(1) In general
(2) Consideration and ruling
(e) Sport-hunted trophies
(f) Confiscated ivory
(Pub. L. 100–478, title II, § 2202, Oct. 7, 1988, 102 Stat. 2318.)
§ 4223. Prohibited acts
Except as provided in section 4222(e) of this title, it is unlawful for any person—
(1) to import raw ivory from any country other than an ivory producing country;
(2) to export raw ivory from the United States;
(3) to import raw or worked ivory that was exported from an ivory producing country in violation of that country’s laws or of the CITES Ivory Control System;
(4) to import worked ivory, other than personal effects, from any country unless that country has certified that such ivory was derived from legal sources; or
(5) to import raw or worked ivory from a country for which a moratorium is in effect under section 4222 of this title.
(Pub. L. 100–478, title II, § 2203, Oct. 7, 1988, 102 Stat. 2320.)
§ 4224. Penalties and enforcement
(a) Criminal violations
(b) Civil violations
(c) Procedures for assessment of civil penalty
(d) Use of penalties
(e) Enforcement
(Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.)
§ 4225. Rewards
(a) In general
(b) Amount
(c) Limitation on eligibility
(Pub. L. 100–478, title II, § 2205, Oct. 7, 1988, 102 Stat. 2320.)