The following article is an amendment of the article originally published in May 2019. The updated version reflects changes in force, as of January 2025, to The Ivory Act 2018.
Arts and antiques are the leading sector for sales of antique ivory. In order to stifle the illegal trade in ivory, The Ivory Act was introduced as ‘one of the world’s toughest bills’ (then Environment Secretary Michael Gove).
It’s an extremely worthy and important environmental cause. Around 20,000 African elephants are killed by poachers yearly, according to the WWF, while the Savannah elephant population has dwindled from 1.3 million to 415,000. Prince William has even made it his personal mission to protect these magnificent beasts.
What ivory is protected by The Ivory Act 2018?
Originally The Ivory Act covered elephant ivory but in May 2024, the Government confirmed that it would be extended to include similar material from the hippopotamus, the killer whale, the narwhal, the walrus, and the sperm whale.
Exemptions for dealing in ivory
The guidelines for objects made before 1947 that are less than 10% ivory in volume, and those for musical instruments which were made before 1975 and contain less than 20% ivory, still stand. However, the guidelines for portrait miniatures have changed and exemptions apply to any made before 1918, ‘with a total surface area of no more than 320 square centimetres’. Also exempt are items that a qualifying museum intends to hire or buy.
Declaring ivory that you intend to sell or hire out
To register an ivory item, or to apply for an exemption certificate, see the Government Guidelines for dealing in items containing or made of ivory. There are fees payable when registering an item and details can be found in the guidelines.
Considerations when buying or selling ivory antiques
Illegal ivory seizures in Europe hit a peak of 1655 specimens in 2016. While tight enforcement of the bill will hopefully prevent any of the gruesome killing business from happening, anyone buying antique ivory for sale must watch out for poachers and traffickers finding loopholes in this law.
There are also potential tighter regulations in the future to look out for. In January 2019, the European Commission issued a report from wildlife monitoring network TRAFFIC. The 62-page report looks at the annual levels of commercial re-exports of worked ivory from the EU, which have grown to about 7,500 specimens in recent years. The UK had the highest re-export level, at the time, followed by Italy and Germany.
What to do with ivory that is NOT exempt
Ivory that is not exempt may be:
• Kept for personal use
• Given as a gift
• Bequeathed in a will
• Lent out where ‘no payment, exchange or barter is involved’
The consequences of dealing in illegal ivory
The Ivory Act imposes a near-total ban on ivory trading, including antique ivory - no matter how old it is; this applies to sales through auction houses and centres as well as private web sales. Anyone found guilty of breaking the law under The Ivory Act 2018 faces a fine of up to £250,000 or 5 years’ imprisonment.