Ivory ban
Ivory ban
The international and national framework that has progressively closed the elephant-ivory trade since 1989
The expression "ivory ban" is shorthand in the trade for the cumulative effect of three layers of regulation that have, since 1989, all but ended the legal commercial trade in elephant ivory and increasingly drawn other ivories into the same regulatory web. Understanding the ban as a single switch is misleading; it is a sequence of decisions taken at the level of CITES, the European Union, the United States, the United Kingdom, China and several smaller national markets, each with its own scope, exemptions and effective date.
The CITES decision of 1989
The African elephant (Loxodonta africana) was transferred from CITES Appendix II to Appendix I at the seventh meeting of the Conference of the Parties in Lausanne in October 1989, taking effect 18 January 1990. The transfer prohibited international commercial trade in specimens of the species, including raw and worked ivory, with limited exemptions for pre-Convention specimens and for non-commercial movements such as personal effects and scientific exchange. The Asian elephant (Elephas maximus) had been on Appendix I since the Convention entered into force in 1975. The 1989 decision was the principal turning point in the modern history of the commodity and is the date most commonly invoked when traders speak of "the ban".
The two one-off sales
CITES authorised two one-off sales of stockpiled government ivory after 1989: 50 tonnes from Botswana, Namibia and Zimbabwe to Japan in 1999, and 102 tonnes from those three countries plus South Africa to Japan and China in 2008. Both sales were intended to fund elephant conservation and were tightly controlled, but subsequent analysis (notably the work of Hsiang and Sekar, 2018, and the response literature in Conservation Biology) found correlations between the 2008 sale and increases in elephant poaching. No further CITES-sanctioned sales have taken place, and the Standing Committee has consistently declined to authorise further stockpile movements.
National-market closures
The post-2010 phase of the ban has been a series of national domestic-market closures going beyond the CITES floor.
- United States. The federal African Elephant Rule under section 4(d) of the Endangered Species Act, finalised June 2016 (50 CFR 17.40(e)), prohibits most interstate and import-export commercial trade, with narrow exemptions for antiques over 100 years old containing less than 200 grams of ivory and meeting strict documentation standards. New York, New Jersey, California, Washington, Hawaii, Oregon, Nevada and Massachusetts have layered state-level bans on top.
- China. The State Council ordered the closure of all licensed ivory-carving factories and retail outlets, effective 31 December 2017. China was the world's largest legal market at the time of closure.
- European Union. Commission Regulation (EU) 2021/2280 and accompanying guidance, taking effect from 19 January 2022, restricted intra-EU commercial movement of post-1947 raw ivory and most worked ivory, with exemptions for musical instruments containing less than 20 per cent ivory and certain antiques.
- United Kingdom. The Ivory Act 2018, in force from 6 June 2022, is among the strictest national regimes. It prohibits commercial dealing in ivory of any age with five narrow exemptions (de minimis items below 10 per cent ivory and pre-1947, musical instruments below 20 per cent and pre-1975, portrait miniatures pre-1918, items of outstanding artistic value, and museum-to-museum transfers). The Act was extended in 2023 to cover hippopotamus, narwhal, killer whale, sperm whale and walrus.
Mammoth and other proboscidean ivory
Mammoth ivory, recovered chiefly from the Siberian permafrost, is the dentine of an extinct species and falls outside CITES. It is not subject to the international ban, but several jurisdictions (notably New York from 2014 and the UK from 2023 in respect of look-alike enforcement) have layered domestic restrictions on it. The trade in mammoth ivory has grown as legal elephant ivory has contracted, but it remains contentious because untrained customs officers cannot reliably distinguish the two without microscopy or radiocarbon testing.
Effect on the jewellery and decorative-arts trade
The cumulative effect on the jewellery trade has been to push almost all elephant ivory out of active retail. Auction houses including Christie's and Sotheby's have, since the late 2010s, declined ivory consignments outside very narrow antique categories, and the major insurers will not write commercial cover for active ivory inventory. The contemporary market for newly worked ivory is effectively zero in jurisdictions where Skyjems operates. Estate-jewellery dealers continue to handle qualifying antiques under documentation, but the operational position for any working jeweller is that ivory should be treated as a permission-required, paperwork-heavy material and is best avoided in most contexts.
Conservation outcomes
The conservation evidence on the ban is contested. African elephant populations stabilised or recovered in southern range states (Botswana, Namibia, Zimbabwe, South Africa) over the past two decades but declined sharply in central and East Africa during the poaching crisis of 2007-2014. The 2016 Great Elephant Census put continental savannah-elephant numbers at about 352,000, a 30 per cent decline over seven years. Whether the bans alone, or the bans in combination with anti-poaching enforcement and demand-reduction campaigns, drove the post-2015 stabilisation is the subject of an ongoing literature in Conservation Biology and the IUCN African Elephant Status Report series.