Is It Legal to Sell Your Ivory Chess Set?

Understanding the Legal Framework Surrounding Ivory Chess Sets

The legality of selling ivory chess sets is a subject enveloped in a complex web of international and local legislation that reflects the global commitment to the conservation of elephants, among other species affected by the ivory trade. Concerns about animal welfare, conservation, and biodiversity loss have prompted countries around the world to impose stringent controls and, in many cases, outright bans on the trade of ivory. Whether or not you can sell your ivory chess set legally depends on several factors including the age of the set, its provenance, and your locality’s specific laws governing ivory sales.

The International Regulation of Ivory

The key piece of international legislation regulating the trade in ivory is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES, which was signed in 1973 and has been adopted by over 180 countries, categorizes species that are threatened by international trade into different appendices that determine the level of protection they receive.

How CITES Affects Ivory

Most elephant ivory is listed in CITES Appendix I, which includes species threatened with extinction. Trade of Appendix I items is permitted only in exceptional circumstances. The Asian elephant (Elephas maximus) falls under Appendix I, meaning commercial trade of its ivory is essentially banned. African elephants (Loxodonta africana), which have been subject to intense poaching, have their ivory listed in both Appendix I and II, depending on the population.

National Laws and Regulations

While CITES provides a framework, actual trade in ivory is regulated by national laws, which can be stricter than CITES provisions. Many countries, including the United States and almost all nations in the European Union, have enacted bans or severe restrictions on the commercial trade of ivory.

The U.S. Ivory Ban and Its Exceptions

In the United States, federal regulations have significantly tightened the rules surrounding ivory since the commercial ivory market contributed to significant declines in elephant populations. As of current regulations:

• The sale of African elephant ivory within a state is prohibited, except for items that qualify as antiques under the Endangered Species Act (ESA) - defined as over 100 years old, among other criteria.
• The sale of ivory across state lines is prohibited unless the ivory is an antique.
• The import and export of ivory items are largely prohibited, with few exceptions such as for certain musical instruments and museum specimens.
• Newly carved ivory (after 1989, when the African elephant was listed in CITES Appendix I) is generally prohibited from sale.

Documentation and Provenance

If your ivory chess set qualifies as an antique under U.S. law, you must have documented proof of its age and legal importation proof if it was brought into the country after 1976 (when CITES came into effect). Without this documentation, selling the chess set can lead to legal penalties.

European Union Regulations

Within the European Union, the trade in ivory has been heavily restricted since 2017. EU regulations are slightly different in that they allow the trade of “worked” items acquired before March 3, 1947. Worked items are considered those which have been carved or significantly processed. The sale of raw ivory is completely banned. However, any sale of ivory items, even pre-1947 pieces, requires documentation proving its age and legal acquisition history.

Changes in 2021 EU Regulations

Recent modifications to EU regulations have tightened restrictions further, including a near-total ban on the export of raw African elephant ivory. Additional paperwork and precise dating through carbon testing are now requirements for anyone wishing to sell antiquity-classified ivory pieces within or from the EU.

Asian and African Regulations

In Asia, where many countries have a historical association with ivory carvings, the laws can vary significantly. China, once the largest consumer of ivory, banned all domestic trade in 2017. In Africa, countries like Kenya and Botswana have strict measures against ivory sales to protect their native elephant populations.

Considerations Before Selling Your Ivory Chess Set

If you're considering selling an ivory chess set, it's essential to:

• Verify the age and legality of your ivory by obtaining professional appraisals and checking for any sales receipts or provenance that might exist.
• Consult with wildlife agencies or legal professionals who specialize in CITES and endangered species regulations.
• Consider the ethical implications of selling ivory, given its contribution to the demand that drives poaching.

Alternatives to Ivory

In light of the restrictions and ethical considerations, many collectors and enthusiasts are turning to alternatives. Resins, plastics, and other materials are now commonly used to create chess pieces that mimic the feel and weight of ivory, minus the legal complications and moral dilemmas.

Conclusion

Selling an ivory chess set legally requires navigating a complex labyrinth of international and local laws designed to protect endangered species and curb poaching. For those in possession of such items, thorough research and careful consideration are advised to ensure compliance with the law and conservation efforts. Understanding these laws not only helps in making informed decisions but also contributes to broader conservation goals, ensuring that future generations may also enjoy the world's biodiversity.