I got an email notice of an exclusive gun auction and this was included regarding any purchases with ivory .
An important point with ivory sales now, as opposed to pre-February 2014,
is that the seller must prove the ivory complies with the above statements in
order to lawfully sell it. U.S. Fish & Wildlife Service website indicates that
in order to properly prove an item is legal to commercially sell and export,
there should be a certification prepared demonstrating that it complies with
the law. These certifications are referred to as: 1) ESA Antique Certification,
(if African or Asian ivory and 100 or more years old), or; 2) an ESA Pre-Ban
Certification for African (not Asian ivory) if imported before January 18th,
1990. Certifications must:
a) Differentiate between Asian ivory and African ivory and
b) Prove and explain the general age of the ivory.
ESA documents may be acquired from Mr. John Sexton, 1962 Portage Landing
North, North Palm Beach, FL 33408. Mr. Sexton is a long time appraiser, a
member of the ASA, and meets qualifications designated by the U.S. Fish &
Wildlife Service as an individual qualified to prepare ESA documents. His fee
is $1,500 for each ESA document. John Sexton is an independent consultant
with appropriate U.S. Government qualifications to prepare ESA statements.
It is the buyer’s responsibility to pay John Sexton for ESA statements. The
documents are prepared by John Sexton, not James D. Julia Auctioneers. Once
the statements are prepared, a copy will be presented to Julia’s and kept on
file, and then Julia’s will present you with the ivory objects. Another copy of
the certificate should be kept for your records. Any item designated as ivory
in our catalog description and being offered for sale is done so only because
it complies with current regulations and must be accompanied by an ESA
document. If the lot does not already include an ESA document, the buyer
must hire John Sexton to prepare one or sign the waiver form approved by
Julia’s.
In closing, James D. Julia is committed to comply with all Federal laws and
regulations. The current regulations do not prohibit collectors from buying
and selling ivory, but they do establish new standards of proof. Our approach
is to continue to sell our consignors’ goods but to strictly follow those new
standards of proof.
All of this pertains only to objects that have ivory. Any such object in our
auction shall have a special green identification tag.
Also, please note: There are certain states that have far more restrictive ivory
laws. Currently, we are aware of California, New York, and New Jersey. We
cannot and will not ship items containing ivory to any of these 3 states.
Special Note and Possible Exception
We have adopted the above procedure to protect the buyer, seller, and
auctioneer. However, various buyers have argued that they do not wish to
pay $1,500 to have the ESA certification, and that they are willing to bear
the risk themselves on any matter relating to ivory objects. These buyers have
argued that since we have already vetted the items to be sure that they comply
with the law, they are satisfied with that assurance and do not want the ESA
certification. As we stated above, the procedure that we initially established
protects everyone, but if you as a buyer wish to purchase an item and bear
all risks and responsibilities from this point on, we will indeed let you take
possession of an ivory or ivory mounted object that we have offered in our
catalogs. However, you must sign a special waiver that specifically, clearly and
completely waives all risks, all responsibilities, all potential loss of value, or any
other loss, damage or liability that might arise at some later date after you have
accepted the ivory. If, in lieu of the cost of the $1,500 for ESA certification,
you agree to sign this special waiver, then we will agree to release the ivory
item to you.
In conclusion, if you purchase an ivory item, you must:
a) Obtain an ESA certification from John Sexton at $1,500, or;
b) Sign and deliver a “Waiver of Legal and Financial Risk to James D.
Julia in regards to your Purchase of an Ivory Object”
Please do not bid on any ivory item if you are not prepared and willing
to comply with either Option a) or Option b) above. You are, of course,
entitled to obtain an ESA certificate from an expert other than John Sexton,
but only after you have signed our “Waiver of Legal and Financial Risk to
James D. Julia in regards to your Purchase of an Ivory Object”.
Export Interstate Sale (across state lines)
Asian Elephant Objects containing Asian elephant ivory
must be at least 100 years old or older.
Objects containing Asian elephant ivory must be at least 100 years old or older.
African Elephant CITES pre-convention worked ivory
including antiques that meet CITES
permitting requirements.
Objects that are 100 years old or older or ivory lawfully imported prior to the date the
African elephant was listed in CITES appendix 1 (January 18th, 1990). Ivory imported
under a CITES pre-convention document.
rev.
Notice there is listed a man who can clear your ivory for just $1500, nice con don't you think?
