Other exemptions Section 7: Pre-1947 items with low ivory content
This section provides for an exemption to the prohibition on dealing in ivory for items which contain a small amount of ivory – less than 10% by volume – and are largely made of another or other materials. For an item to qualify for this exemption it must satisfy all of the following conditions:
the item must be pre-1947, as defined in section 37(2) and (3)(b));
The ivory is integral to the item and as such is necessary to its overall design and/or construction meaning either that it cannot easily be removed or if removed, that the item as a whole could no longer function as intended. . For instance, this could refer to an ivory inlay or escutcheon on a piece of furniture, or a small ivory handle on a piece of tableware;
the ivory content of the item is less than 10% of the volume of the material of which the item is made. This de minimis threshold is intended to further ensure that this exemption applies to items in which the ivory content is incidental, and for which the value of the item does not rest in its ivory content; and
the item is registered under section 10, prior to being subject to dealing.
	If all conditions outlined in subsection (1) are satisfied, dealing in that ivory item is permitted under the de minimis exemption. If one or more of these conditions are not met, that item is not exempt under the prohibition and dealing in the item is prohibited, unless the item qualifies under another exemption.
Illustrative examples of pre-1947 items with low ivory content which may, subject to any advice which may be published, qualify under the pre-1947 item with low ivory content exemption.
1. 2.
(1) English made (ca 1913) rectangular box with an arched lid of mahogany, inlaid with fine bands of ivory
(2) French made (c 1929) Materials and Techniques: Ebony with ivory inlay
© Victoria and Albert Museum, London
Section 8: Pre-1975 musical instruments
	This section provides for an exemption to the prohibition for musical instruments which contain ivory. The item must satisfy all of the following conditions in order to qualify under this exemption:
The item is a musical instrument. As explained in subsections (2)(a) and (2)(b) the definition of a musical instrument, as applied in the Act, is based on the purpose for which an item was made. Accessories used to play a musical instrument (for example, violin bows) are included in the definition of musical instruments and may also qualify under this exemption, subject to the item satisfying the other conditions of the exemption. A musical instrument is defined as an item that was made primarily for the purpose of playing as opposed to, for example, items intended for decorative purposes, or ivory items which may technically be able to be used for musical or rhythmic purposes, but were not intended for such. An ivory walking cane, for instance, could in theory be used as a drumstick, but was clearly not intended for that purpose.
The instrument is pre-1975, as defined in section 36(2) and (3). 1975 is the date at which Asian elephants were first listed at Appendix I of CITES, thus indicating that they were considered vulnerable to extinction if trade in their ivory or other parts was not severely curtailed.
The ivory content of the instrument is less than 20% of the total volume of the material of which the instrument is made, thus prohibiting items with a significant ivory content. The vast majority of commonly played and traded musical instruments that contain ivory would likely fall within this threshold, for instance pianos, violin bows and other woodwind instruments with ivory components and trims.
The instrument is registered under section 10.
	If all conditions outlined in subsection (1) are met, dealing in that ivory item is exempt from the prohibition. If any of the conditions are not met, the item is not exempt from the prohibition and dealing in that item is prohibited, unless the item qualifies under another exemption (e.g. sections 2 or 9).
	The Act does not prohibit the use of a musical instrument containing ivory in a paid or unpaid public performance (this is the case regardless of whether the instrument would meet the exemption). The Act also does not prohibit a person from taking a fee to instruct another person in an instrument (e.g. by teaching a pupil to play a piano using one that has ivory keys).The general prohibition is on dealing and as such the use or transport of musical instruments for non-commercial purposes is not affected by the Act. The EU Wildlife Trade Regulations would continue to apply, for example, to non-commercial cross-border movement of musical instruments. Any certificates or permits required under the EU Wildlife Trade regulations would continue to be required in addition to any necessary registration under the Act.
Illustrative example of a musical instrument which may, subject to any advice that may be published, qualify under the musical instrument exemption.
Above is an example of a Grand piano (c 1815 – 1820) with Oak case with mahogany veneer, rosewood cross-banding and brass stringing; Brass collars on the tops of solid mahogany legs; Ivory covered naturals and ebony sharps
© Victoria and Albert Museum, London