Prohibition Section 1: Prohibition on dealing in ivory
This section provides for a ban on dealing in ivory. Subsection (1) states that dealing in ivory is prohibited and subsection (6) states that there are exemptions to this prohibition. The exemptions are provided for in section 2 and sections 6 to 9. As the prohibition is on dealing in ivory, these measures do not affect the right to own, gift, inherit or bequeath ivory.
	Subsection (2) defines dealing for the purposes of the Act and therefore as applied to the prohibition. The definition aligns with the application of "commercial use" under the EU Wildlife Trade Regulations. The definition provided in subsection (2) applies to transactions regardless of where the transaction is taking place, for example, in a physical location or in an online forum. It applies to individuals, groups of individuals, businesses, Crown bodies and other organisations alike. The following dealing activities are included in the prohibition:
Buying, selling and hiring
Both parties to a transaction, the buyer and the seller, are subject to the prohibition, putting a responsibility on both parties to act responsibly and in accordance with the ban. As such, both parties could be in breach of the prohibition and be liable under the prohibition.
Subsections (3)(a) and (3)(b) state that buying and selling includes bartering or exchange. As such the prohibition applies to the exchange of ivory for any good or service and, therefore, is not restricted to financial transactions, or exchanges for money.
Hiring or offering to hire ivory are prohibited activities. For example, temporarily obtaining an ivory item in return for a payment or other exchange of goods.
Offering or arranging to buy, sell or hire ivory
Activities undertaken prior to a sale, purchase or hire in ivory, in order to offer ivory for dealing or arrange a dealing in ivory, are prohibited. As set out in subsection (3)(c), advertising ivory for dealing and inviting to treat (inviting prospective buyers to purchase, bid, tender or negotiate) are prohibited activities. A person carrying out such an activity would be acting in breach of the prohibition.
Keeping ivory for sale or hire
Holding ivory which is intended for sale or hire is a prohibited activity. This would, for example, prohibit transporting ivory with the intention to sell it. A person holding ivory for their personal enjoyment or for displaying to the public (e.g. as part of an exhibit that charges an entry fee) would not be covered by the prohibition.
Exporting ivory from, and importing ivory to, the United Kingdom for sale or hire
Subsection (2)(d) ensures that exporting ivory from the UK for the purposes of sale or hire is prohibited, and subsection (2)(e) ensures that it is prohibited to import ivory into the UK for the purposes of sale or hire.
Subsection (4)(a) states that buying or hiring ivory, or offering or arranging to buy or hire ivory, outside of the UK is not covered by the Act. For instance, it would not be an offence under the Act for an ivory item to be purchased or hired in person, over the telephone or online outside of the UK.
Subsection 4(b) states that it is an offence to sell ivory or to hire it as a lender, or to offer to sell or hire ivory as a lender, to a third party outside of the UK. This subsection also, through reference to subsection (2)(b) ensures that it is an offence to offer or arrange to buy ivory from outside of the UK for delivery or import into the UK. In effect, this prohibits remote purchases, for instance those made over the internet, or through telephone auctions.
	Subsection (5) ensures that under the prohibition, "ivory" includes both items made entirely of ivory and items which contain ivory and may be made largely or partly from other substances. Section 37 defines the term "ivory" as applied under the Act. In these explanatory notes, the term "ivory item" is used throughout to capture both items made entirely of ivory and items which contain ivory. Subsection (6) states that there are exemptions to the prohibition on commercial dealings in ivory and references the relevant sections of the Act.