what to do with ivory
September 10, 2015 1:46 PM Subscribe
A family friend passed with no will and only one distant heir who really just wants to liquidate assets and go back home. Among the items left behind is a bunch of ivory but no one really knows where it came from or what to do with it.
I have not seen the ivory pieces but I do know that there is a full elephant tusk that is split lengthwise. One of the questions my dad wants answered (and has dispatched me to the internet for) is why would it be split like that? Would that help possibly with the date/provenance of the ivory?
If there are no documents/receipts is there a way to prove it was acquired before the ban? What about legal way for someone besides the heir to take it? If it remains the 'hot potato' it is right now, what would be the best place to donate or otherwise get rid of it?
I have not seen the ivory pieces but I do know that there is a full elephant tusk that is split lengthwise. One of the questions my dad wants answered (and has dispatched me to the internet for) is why would it be split like that? Would that help possibly with the date/provenance of the ivory?
If there are no documents/receipts is there a way to prove it was acquired before the ban? What about legal way for someone besides the heir to take it? If it remains the 'hot potato' it is right now, what would be the best place to donate or otherwise get rid of it?
Try getting in touch with a local art museum or art history department at a university.
posted by Seeking Direction at 1:56 PM on September 10, 2015 [2 favorites]
posted by Seeking Direction at 1:56 PM on September 10, 2015 [2 favorites]
Best answer: Here's a clip from a site on ivory; it sounds like an appraiser who deals in this collectible will need to be consulted if the heir wants to sell it.
Elephant Ivory
African: These elephants went on the endangered species list in 1989. All imports to the United States were banned with this act. Now what about the ivory that you own?
If the ivory was imported and BEFORE 1989: It is legal to own, sell and export these pieces of worked and raw ivory.
If the ivory was imported AFTER 1989 and is at a minimum of 100 years old (meaning it was not created after 1889): it is also legal to own, sell and export these items.
If the ivory is less than 100 years old and was imported AFTER 1989: these pieces of worked and raw ivory are illegal to own, sell and export.
Asian: The Asian elephant was deemed endangered I 1976, and like the African elephant, all imports were banned with the addition of these mammals.
If the ivory was imported BEFORE 1976, it is legal to own, however, it is illegal to sell these works within state lines.
If the ivory was imported after 1976 and is at a minimum 100 years old (meaning it was not created after 1876): it is legal to own, sell and export these antique works of ivory.
If the ivory was imported after 1976 and is less than 100 years old: It is illegal to own, sell or export these pieces.
Note: Antique Asian ivory must have proper documentation of provenance and age, along with a CITES pre-convention certificate. Once a pre-act item has been sold, it loses its status as pre-act ivory.
posted by Hanuman1960 at 1:57 PM on September 10, 2015 [3 favorites]
Elephant Ivory
African: These elephants went on the endangered species list in 1989. All imports to the United States were banned with this act. Now what about the ivory that you own?
If the ivory was imported and BEFORE 1989: It is legal to own, sell and export these pieces of worked and raw ivory.
If the ivory was imported AFTER 1989 and is at a minimum of 100 years old (meaning it was not created after 1889): it is also legal to own, sell and export these items.
If the ivory is less than 100 years old and was imported AFTER 1989: these pieces of worked and raw ivory are illegal to own, sell and export.
Asian: The Asian elephant was deemed endangered I 1976, and like the African elephant, all imports were banned with the addition of these mammals.
If the ivory was imported BEFORE 1976, it is legal to own, however, it is illegal to sell these works within state lines.
If the ivory was imported after 1976 and is at a minimum 100 years old (meaning it was not created after 1876): it is legal to own, sell and export these antique works of ivory.
If the ivory was imported after 1976 and is less than 100 years old: It is illegal to own, sell or export these pieces.
Note: Antique Asian ivory must have proper documentation of provenance and age, along with a CITES pre-convention certificate. Once a pre-act item has been sold, it loses its status as pre-act ivory.
posted by Hanuman1960 at 1:57 PM on September 10, 2015 [3 favorites]
Best answer: This is going to be really complicated.
I just did some research on this because of musical instruments.
First, you would absolutely need proof that the ivory has entered the country prior to February 26, 1976 (see below).
However (deep breath),
At this point the U.S. Fish and Wildlife Service proposes that the rules are being re-worked; what Hanuman quotes here above is how it used to be according to CITES, but the new rules are much more difficult in practice.
Here's an excerpt:
"We propose to allow sale and offer for sale of ivory in interstate or foreign commerce along with delivery, receipt, carrying, transport, or shipment of ivory in interstate or foreign commerce in the course of a commercial activity without a threatened species permit for manufactured items containing de minimis amounts of ivory, provided they meet the following criteria:
For items located in the United States, the ivory was imported into the United States prior to January 18, 1990 (the date the African elephant was listed in CITES Appendix I) or was imported into the United States under a CITES pre-Convention certificate with no limitation on its commercial use;
For items located outside the United States, the ivory is pre-Convention (removed from the wild prior to February 26, 1976 (the date the African elephant was first listed under CITES));
The ivory is a fixed component or components of a larger manufactured item and is not, in its current form, the primary source of value of the item;
The manufactured item is not made wholly or primarily of ivory;
The total weight of the ivory component or components is less than 200 grams;
The ivory is not raw; and
The item was manufactured before the effective date of the final rule for this action.
We have included the phrase “in its current form” in the criterion stating that the ivory is not the primary source of value of the item, to make clear that we would consider the value added by the craftsmanship (carving, etc.) that went into the ivory component, not just the value of the ivory itself. We use the phrase “wholly or primarily” (in the next criterion) as those terms are commonly defined in the dictionary. We consider “wholly” to mean “entirely, totally, altogether” and “primarily” to mean “essentially, mostly, chiefly, principally.” We have chosen 200 gramsas the weight limit because we understand that this is the approximate maximum weight of the ivory veneer on a piano with a full set of ivory keys and that this quantity would also cover most other musical instruments with ivory trim or appointments. We also understand the 200-gram limit would cover a broad range of decorative and utilitarian objects containing small amounts of ivory (insulators on old tea pots, decorative trim on baskets, and knife handles, for example)."
I was told, that a further problem is that although federal rules might exempt up to 200 grams of fully documented, pre-CITES ivory (for example on piano keyboards), some state rules (e.g., New York New Jersey) are much more strict and allow no ivory at all. So the first thing to look into is whether it is legal to own ivory in your state.
posted by Namlit at 2:11 PM on September 10, 2015 [4 favorites]
I just did some research on this because of musical instruments.
First, you would absolutely need proof that the ivory has entered the country prior to February 26, 1976 (see below).
However (deep breath),
At this point the U.S. Fish and Wildlife Service proposes that the rules are being re-worked; what Hanuman quotes here above is how it used to be according to CITES, but the new rules are much more difficult in practice.
Here's an excerpt:
"We propose to allow sale and offer for sale of ivory in interstate or foreign commerce along with delivery, receipt, carrying, transport, or shipment of ivory in interstate or foreign commerce in the course of a commercial activity without a threatened species permit for manufactured items containing de minimis amounts of ivory, provided they meet the following criteria:
For items located in the United States, the ivory was imported into the United States prior to January 18, 1990 (the date the African elephant was listed in CITES Appendix I) or was imported into the United States under a CITES pre-Convention certificate with no limitation on its commercial use;
For items located outside the United States, the ivory is pre-Convention (removed from the wild prior to February 26, 1976 (the date the African elephant was first listed under CITES));
The ivory is a fixed component or components of a larger manufactured item and is not, in its current form, the primary source of value of the item;
The manufactured item is not made wholly or primarily of ivory;
The total weight of the ivory component or components is less than 200 grams;
The ivory is not raw; and
The item was manufactured before the effective date of the final rule for this action.
We have included the phrase “in its current form” in the criterion stating that the ivory is not the primary source of value of the item, to make clear that we would consider the value added by the craftsmanship (carving, etc.) that went into the ivory component, not just the value of the ivory itself. We use the phrase “wholly or primarily” (in the next criterion) as those terms are commonly defined in the dictionary. We consider “wholly” to mean “entirely, totally, altogether” and “primarily” to mean “essentially, mostly, chiefly, principally.” We have chosen 200 gramsas the weight limit because we understand that this is the approximate maximum weight of the ivory veneer on a piano with a full set of ivory keys and that this quantity would also cover most other musical instruments with ivory trim or appointments. We also understand the 200-gram limit would cover a broad range of decorative and utilitarian objects containing small amounts of ivory (insulators on old tea pots, decorative trim on baskets, and knife handles, for example)."
I was told, that a further problem is that although federal rules might exempt up to 200 grams of fully documented, pre-CITES ivory (for example on piano keyboards), some state rules (e.g., New York New Jersey) are much more strict and allow no ivory at all. So the first thing to look into is whether it is legal to own ivory in your state.
posted by Namlit at 2:11 PM on September 10, 2015 [4 favorites]
Best answer: It's probably split lengthwise for mounting on a wall. My family has a pair of tusks, and they take up a lot of room. It's basically two trees.
I'll be watching this thread with interest, as there is a non-zero chance that I will inherit these things. I've leaned towards a history/science museum, or possibly zoo, if they're relatively unaltered.
posted by politikitty at 2:20 PM on September 10, 2015 [2 favorites]
I'll be watching this thread with interest, as there is a non-zero chance that I will inherit these things. I've leaned towards a history/science museum, or possibly zoo, if they're relatively unaltered.
posted by politikitty at 2:20 PM on September 10, 2015 [2 favorites]
Best answer: Easiest thing to do might be to just ask an ivory dealer. They still exist...
posted by kmennie at 3:29 PM on September 10, 2015
posted by kmennie at 3:29 PM on September 10, 2015
My violin has ivory from North West Territories (walrus tusk?).. So I'd ask a luthier!
posted by chapps at 5:21 PM on September 10, 2015
posted by chapps at 5:21 PM on September 10, 2015
This thread is closed to new comments.
posted by zennie at 1:56 PM on September 10, 2015