Exemptions to the ban
As part of its consultation, the Government made clear its intention to create exemptions to the ivory ban where the commercial use of an item does not contribute directly or indirectly to the ongoing poaching of elephants. This is in line with CITES Resolution 10.10 and with other examples of domestic ivory trade bans applied globally12. Strictly-defined exemptions therefore apply where a ban on dealing is unwarranted. This is considered to be the case when it is understood that either the continuation of sales or the hiring of certain categories of items would not contribute either directly or indirectly to ivory poaching, and the intrinsic value of that item is not due to its ivory content.
	The consultation proposed exemptions for: musical instruments, items containing a small amount of ivory – "de minimis", items of historic, cultural or artistic significance, and sales to and between museums. Based upon recommendations and evidence provided in response to the consultation, all exemptions have been defined, an exemption for portrait miniatures has also been included and the exemption for items of historic, cultural or artistic significance has been refined as an exemption for the rarest and most important items of their type.
	Sections 2 to 5 and Sections 6 to 11 of the Act set out the exemptions to the prohibition for:
	ivory items produced before 1 January 1918 which are assessed by an independent advisory institution as being of outstandingly high artistic, cultural or historical value;
	portrait miniatures with a surface area of no more than 320cm2 (excluding the frame) produced before 1 January 1918;
	items containing only a small proportion of ivory (known as a "de minimis" exemption) comprising less than 10% ivory by volume and produced before 3 March 1947;
	musical instruments comprising of less than 20% ivory by volume, and produced before 1 January 1975; and
	dealings in ivory items to, and between, accredited museums.
	Sections 3 to 5 and sections 10 and 11 of the Act provide for the compliance processes by which a person wishing to engage in the commercial use of an item under one of these exemptions must abide. A certification process is applied to the exemption for the rarest and most important items of their type, and a self-registration process is applied to the other four categories. The registration and certification processes will be administered on behalf of the Secretary of State.
	Those wishing to register an item as exempt from the ban will do so via an online system, which will be administered on behalf of the Secretary of State. Provisions will be put in place for those unable to use an online system, e.g. for telephone or postal submissions. This online system will be accessible by Government and enforcement bodies. With regard to the certification process for items put forward under the rarest and most important category, the Secretary of State will seek the advice of an institution with recognised specialism in the relevant field to assist it in deciding whether the item meets the criteria of this exemption.