The African elephant is the largest land animal on earth.  The African elephant is listed as endangered under the U.S. Endangered Species Act (ESA) and by the International Union for the Conservation of Nature and Natural Resources (IUCN).  Many African countries do not have sufficient resources to properly manage, conserve, and protect their elephant populations.  The Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) was formulated to curtail illegal trade and encourage African countries to manage, conserve, and protect their elephant populations.  The U.S., as a party to CITES and a large market for worked ivory, shares responsibility for supporting measures to stop illegal trade in African elephant ivory and provide for elephant conservation.

The U.S. Congress passed the African Elephant Conservation Act (“Act”), 1989 to assist the conservation and protection of the African elephant by supporting and providing financial resources for the conservation programs of African countries and the CITES Secretariat[i].

The purpose of the Act is to perpetuate healthy populations of African elephants[ii].

The Secretary of Interior provides financial assistance from the African Elephant Conservation Fund for approved projects for research, conservation, management, or protection of African elephants[iii].

The Act provides for the establishment of the African Elephant Conservation Fund.  The fund is composed of penalties paid under the Act, donations, and other appropriated amounts.  The fund is used to provide assistance under the Act[iv].

The Secretary establishes a moratorium on importation of ivory from an intermediary country upon determining that the country:

• is not a party to CITES;
• does not adhere to the CITES Ivory Control System;
• imports raw ivory from a country that is not an ivory producing country;
• imports raw or worked ivory from a country that is not a party to CITES;
• imports raw or worked ivory that originates in an ivory producing country in violation of that country’s laws;
• substantially increases its imports of raw or worked ivory from a country under moratorium during the first three months of the moratorium; or
• imports raw or worked ivory from a country under moratorium after the first three months[v].

An interested person can submit a written petition requesting the Secretary to establish or suspend a moratorium.  Individuals are entitled to import sport-hunted elephant trophies legally taken in an ivory producing country that has submitted an ivory quota[vi].

The Act provides for prohibitions and penalties[vii].  Prohibited acts under the Act include:

• importing raw ivory from any country other than an ivory producing country;
• exporting raw ivory from the U.S.;
• importing raw or worked ivory that was exported from an ivory producing country in violation of that country’s laws or of the CITES Ivory Control System;
• importing worked ivory, other than personal effects, from any country unless that country has certified that such ivory was derived from legal sources; or
• importing raw or worked ivory from a country for which a moratorium is in effect.

The violation of prohibited acts is subject to criminal and civil penalties.  The Secretary of Interior, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating are charged with enforcement of the same.

Penalties collected for violations of a prohibition are used to pay rewards[viii].  A person giving information leading to a civil penalty or a criminal conviction under the Act is entitled to receive a reward of one-half of the criminal or civil penalty, or $25,000, whichever is less[ix].

[i] 16 USCS § 4203.

[ii] 16 USCS § 4201.

[iii] 16 USCS § 4211.

[iv] 16 USCS § 4212

[v] 16 USCS § 4221

[vi] Id

[vii] 16 USCS § 4223.

[viii] Id.

[ix] 16 USCS § 4225.