The United
States has been a longtime proponent in the fight against illegal ivory trade. However if changes announced by the current
White House administration this month (February 2014) remain unchanged, this
announcement will have a huge impact upon the sale of ivory items within the
United States. According to a White
House fact sheet, federal agencies have new guidelines drafted which are
designed to reduce ivory trafficking.
All commercial import of ivory will be banned, including the import of antique
ivory pieces. Guidelines for the sale
of ivory items across state lines will be drafted, and the sale will be limited
to items classified as “Antique.” The
guidelines go on to clarify “Antique” as an
item which is more than 100 years old and which meets other requirements under
the Endangered Species Act. If guidelines remain unchanged, the onus will
now fall on the importer, exporter, or seller to demonstrate that an item meets
these criteria.
So, what does this mean for
us? While all of us support laws against
the slaughter of animals, especially elephants, this new law regulating pre-ban
ivory goes way beyond effective anti-slaughter efforts. A recent post by The Magazine Antiques indicates that “the rules, say dealers in historic
works of art, denigrate cultural heritage while failing to stop poachers, who
will likely find ready markets for ivory elsewhere in the world.” The policy change in its current state will have a huge
impact upon ivory collectibles market; sales across state lines of elephant
ivory items will be limited to items which are over 100 years old only. To further complicate matters, these new guidelines will be
enforced at the state level and this will impact inter-state and intra-state
sale if ivory further.
The variety
of ivory items in the market place is huge!
Some items are easily identified as antique, such as Okimono figurines,
scrimshaw, snuff bottles and jewelry. But,
even then, the age of ivory of these items will have to be proven before any
resale is attempted. And what about
items that have some ivory in their composition, i.e. musical instruments,
toys, canes, guns, and the like? Think
about those teapots with ivory insulators; can they be resold or repaired? What about all of these beautiful mid-20th
century carved ivory chess sets? What about
pianos with ivory keys that are less than 100 years old? The ramifications of the law change are
massive.
As collectors and estate executors, it will be your
responsibility to accurately identify the type of ivory items you have and
their age, prior to attempting any sale.
Preliminary information is non-existent about what Fish & Wildlife
or each state will accept as proof of age and legality. However, documents you may want to begin
finding that may be helpful include sales receipts with dates and item
descriptions, previous CITES documentation, old appraisals, old photographs
with the ivory item, notarized statements from elderly individuals stating how
long items have been the family, etc. Of
course, style and age cracks will help identify antique ivory, but often can be
difficult, especially when items were revived after World War II. Under the proposed guidelines, the burden of
proof will be on the owner to prove their age.
So, what
happens to value if these guidelines remain unchanged? Many antique ivory pieces are true works of
art and will remain collectible unless the government enacts an all-out
ivory ban, but will their marketability be the same? Early
Asian carvings such as netsuke, Okimono, screens, jewelry, and snuff bottles have a special
beauty unique to themselves and collectors will continue to value these items.
The availability and legal sales channels of antique pieces will be limited and
it is impossible to predict the impact these new policies will have upon
value. Certainly, newer pieces of ivory
carvings lacking documentation run the risk of losing a portion or all of their
resale value.
If you are a
collector of ivory, take time now to organize your documentation, just in case
the policy remains as announced. You can
even register your collection. Estate executors need to be diligent in their
search for evidence that documents age.
As an appraiser, I will need your assistance to identify and prove age,
especially if the law remains unchanged and the interstate sale of ivory under
100 years old becomes illegal.
There is
current pressure on the Obama administration to withdraw the guidelines, and of
course, congress could intervene. It is
not too late to contact the president, Fish and Wildlife, your congressional
representative and your governor to express your thoughts. Fish
and Wildlife are still working to clarify the policy, so there is time for your
voice to be heard. Good intentions protecting endangered wildlife will play
havoc with cultural artifacts owned by both private collectors and public
institutions, and many of these were items that were carved well before all of
us were born. Again, while all of us are
against the slaughter of elephants, banning the trade of historical and
cultural items is like “throwing out the baby with the bathwater.”
The complete White House fact sheet can be found on the
following link: http://www.whitehouse.gov/the-press-office/2014/02/11/fact-sheet-national-strategy-combating-wildlife-trafficking-commercial-b
Other relevant articles and websites include the
following:
Vicky Nash Shaw
ISA CAPP, Certified Antique and Art Appraiser
919 475-6930ISA CAPP, Certified Antique and Art Appraiser
