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U.S. Fish & Wildlife Service CITES & What is the “global ban” on trade?

A brief history of elephants and CITES trade in ivory, but allowed certain other CITES regulates the international activities. As such, the CITES “ban” on commercial and noncommercial has several limitations: movement of both African and Asian elephants, including their ivory and ivory 1. It only applies to international products. The African was first The elephant-shaped CITES logo was trade. CITES provisions apply to listed by Ghana in CITES Appendix III first used at CoP3 in 1981. The original the import, export, and re-export in 1976. The following year, at the first version, a simple black and white design, of listed . Domestic markets meeting of the Conference of the Parties has since evolved to include species for ivory are governed by national (CoP1), African elephants were moved protected by CITES. or local laws. Under U.S. law, to Appendix II. In 1990, after nearly a commercial and non-commercial decade during which movement of ivory is additionally populations dropped by almost 50%, regulated by the African Elephant the species was moved to Appendix I Conservation Act (AfECA) and the of CITES. In 1997, some recovering Act (ESA). populations were moved back to Appendix II with strict limitations on 2. trophies are generally trade in ivory. exempt. Elephant range countries issue an annual export quota for Compared to African elephants, the hunting trophies taken for non- has had a simple history commercial purposes. With proper in CITES. Asian elephants have been CITES documentation, hunting listed in CITES Appendix I since the trophies, including trophy ivory, treaty went into effect on July 1, 1975. can be imported, exported, and re-exported. CITES “ban” on ivory trade Many news articles and other sources 3. It only applies to ivory acquired make reference to a “global ban” or after elephants were listed under “international moratorium” on ivory CITES. Ivory acquired prior to the trade that was instituted by CITES species being listed under CITES in 1989. While there is truth to these (July 1, 1975 for Asian elephants statements, they can also be misleading. and February 2, 1976 for African In 1989, at the seventh meeting of elephants) is considered pre- the Conference of the Parties (CoP7), Convention. With proper CITES African elephants were moved to documentation, pre-Convention Appendix I, joining Asian elephants, ivory can be imported, exported, listed in Appendix I since 1975. This or re-exported, unless stricter Appendix-I listing, which became domestic laws prohibit such actions. effective on January 18, 1990, is the (Note: In the U.S., the ESA “ban” that is so often referred to. In and AfECA provide for stricter fact, any species listed in Appendix I regulation on import, export, and of CITES is effectively banned from re-export.) international commercial trade. 4. Exceptions can be granted for After the Appendix-I listing was non-commercial purposes, such instituted, and largely as a result of as science or education. With the listing, some populations began proper CITES documentation, to recover and were subsequently trade can be allowed as long transferred to Appendix II, beginning in as its purpose is not primarily 1997. The populations were transferred commercial. to Appendix II with strict limitations on One-off ivory sales pattern and scale of illegal trade in In 1999 and again in 2008, raw ivory elephant specimens, including ivory, and from government-owned stockpiles of are analyzed against a range of factors. several elephant range countries with Appendix-II elephant populations was The ETIS report prepared by TRAFFIC auctioned off to designated trading for CoP16 found that the frequency and partners. These auctions are commonly scale of ivory seizures has steadily risen referred to as the “one-off ivory sales”. in recent years. This sharp upward Though approved by the CITES Parties trend is driven by a major increase in several years earlier (1997 and 2002/2004, large-scale shipments of ivory (over respectively), strict limitations had 100 kg), which points to the increasing been placed on the sales and a number involvement of international criminal of conditions had to be met before the syndicates in the illegal trade of ivory. auctions could be held. All proceeds from Additionally, the ETIS analyses showed the sales were to be used exclusively for China and to represent the elephant conservation. largest markets driving the illegal trade today. The 1999 auction involved the sale of raw ivory from Botswana, Namibia, CITES and the Crisis and to just one designated The Parties to CITES have long been trading partner, Japan. The total amount concerned with the illegal trade of of funds received from the auctions was African Elephant elephant ivory and have taken measures approximately $5 million. Bernard Dupont CC BY-NC-SA 2.0 almost since the treaty was adopted in does this by collecting data on the 1975 to reduce this trade. Today, the In 2008, South joined Botswana, number of elephants killed illegally each focus on combating poaching and illegal Namibia, and Zimbabwe in the sale year, analyzing trends in illegal killing trade is more intense than ever before. In of their raw ivory stockpiles to two over time, and investigating the factors March 2013, at the most recent meeting designated trading partners—China that can lead to changes in these trends of the Conference of the Parties (CoP16), and Japan. The total amount of such as elephant- conflict or eight countries –China, , Malaysia, funds received from the auctions was government corruption. the Philippines, , Thailand, approximately $15.5 million. Uganda, and Viet Nam— identified as In 2013, the MIKE program submitted significant source, transit, or destination Before the auctioned raw ivory was a progress report to CoP16, which points for illegal ivory trade agreed exported, the CITES Secretariat verified indicated that poaching has continued to develop time-bound action plans to the legal origin, weight, and number of to rise since 2006 with 2011 having the actively address illegal ivory trade. ; inspected shipments; and checked highest levels of poaching since MIKE CITES permits. The Secretariat again began collecting data in 2002. Poaching The CITES Secretariat, along with inspected the shipments upon import to was highest in but was the United Nations Environment both China and Japan. increasing throughout the continent; Programme (UNEP), the International incidents of poaching were also highly Union for the Conservation of The United States supported some of correlated with poverty and a lack of food Nature (IUCN), and TRAFFIC, the previous one-off ivory sales and security. Additionally, areas with better published a report earlier this year actively participated in the process and law enforcement tended to experience entitled “Elephants in the Dust – The CITES dialogue that surrounded their lower levels of poaching. Nationally, a African Elephant Crisis”, providing implementation. More recently, the clear correlation is seen between a lack of a comprehensive review of the status United States has opposed proposals strong governance and a well-established of elephants and the ivory trade, and seeking additional ivory stockpile sales. poaching and smuggling trade. The outlining clear recommendations for Today, given the current poaching crisis United States has provided funding tackling this crisis. and the scale of illegal trade, it’s unlikely for the MIKE program under both the that the United States would be able to African Elephant and the Asian Elephant The United States will continue to work support a one-off sale. Conservation Funds. through CITES, engaging with foreign governments and driving meaningful Monitoring the Illegal Killing of Elephants Elephant Trade Information System (ETIS) action along all points of the supply chain. (MIKE) The Elephant Trade Information Monitoring the Illegal Killing of System (ETIS), developed by CITES U.S. Fish & Wildlife Service Elephants, or MIKE, is a system created and managed by TRAFFIC, serves International Affairs through CITES with the purpose of as a complement to MIKE. ETIS is 4401 N. Fairfax Drive, Room 212 helping elephant range countries around a system for collecting and compiling Arlington, VA 22203 the world better manage their elephant law enforcement data on seizures and 703/358-2104 or 800/358-2104 populations and enforce the laws created confiscations from around the world. e-mail: [email protected] to protect them. The MIKE program These data are used to monitor the http://www.fws.gov/international November 2013

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