The U.S. Endangered Species Act classifies African elephants as “Threatened” and Asian elephants as “Endangered.” Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), African elephants are included in Appendix I, except populations of Botswana, Namibia and Zimbabwe, which were annotated and included in Appendix II in 1997, and populations in South Africa, which were moved to Appendix II in 2000. All Asian elephants are included in CITES Appendix I. 

International commercial trade in ivory is prohibited under CITES, and further restricted by the African Elephant Conservation Act of 1988 and other laws.

On July 6, 2016, a near-total ban on commercial trade in African elephant ivory went into effect. On March 29, 2024, the Service amended the 4(d) rule of the Endangered Species Act to help ensure imports of live African elephants into the United States contribute to enhancing conservation of the species in the wild and that live African elephants, captive in the United States, are well cared for throughout their lifetimes. Additionally, the rule increases efficiency of permit application evaluations and provides transparency on how we make permit determinations for imports of African elephants.

First, you need to determine whether your items are made of African or Asian elephant ivory. Such proof can be in the form of a qualified appraisal (see question 17) or other documentation that demonstrates the identification of the species through a detailed provenance of the article. 

Note that requirements are stricter for Asian elephant ivory with regard to interstate and foreign commerce. For import, the requirements for African elephant ivory are stricter. All wildlife imported to or exported from the United States must be declared at the species level. Without species identification, specimens may be refused clearance and detained at a port.

If you are not able to demonstrate which species of elephant is involved, you may only be able to engage in activities that are lawful for both species, such as interstate commerce of ivory that qualifies as antique under the ESA.

Yes. U.S. federal wildlife laws and regulations do not prohibit possessing or display of ivory, provided it was lawfully acquired. There is no certification requirement or process to register ivory items and you do not need a permit from the Service to possess or display ivory for noncommercial purposes. We recommend that you maintain any documentation you have that demonstrates the origin and chain of ownership of the item. We recommend that you provide all documentation to any future recipient of your elephant ivory item. Check to make sure that you are also in compliance with local and state laws.

Yes. U.S. federal wildlife laws and regulations do not prohibit donating or giving away your ivory item, or receiving an ivory item as a donation or a gift, provided it was lawfully acquired and there is no exchange for other goods or services involved. We recommend that you provide the recipient with any documentation you have that demonstrates the origin and chain of ownership of the items. Check to make sure that you are also in compliance with local and state laws.

It is possible to identify elephant ivory from other types of ivory. For more information, visit the Service’s Forensics Laboratory website. Proceed with caution if you are purchasing ivory. Ask for documentation that shows the species and age of the ivory item you are purchasing. This documentation could include CITES permits or certificates, certified appraisals (see question 17), documents that detail date and place of manufacture, etc.

Worked items include carvings and components of larger finished products such as knife handles, billiard cues, musical instruments, and furniture. Raw ivory means an elephant tusk, or any piece of tusk, the surface of which, polished or unpolished, is unaltered or minimally carved, including ivory mounted on a stand or part of a trophy.

…for commercial purposes? 

No. Commercial import of African elephant ivory into the United States is prohibited.

…for noncommercial purposes? 

You may import a worked African elephant ivory item (see question 5) into the United States for the noncommercial purposes listed below if it was legally acquired and removed from the wild prior to the listing of the African elephant under CITES (February 26, 1976):

• As sport-hunted trophies; limited to two per hunter per year
• As law enforcement specimens
• As genuine scientific specimens
• As part of a household move, inheritance, musical instrument, or traveling exhibition

The import of raw African elephant ivory (see question 5) is prohibited except: 

• As part of a lawfully taken personal sport-hunted trophy; limited to two per hunter per year
• As law enforcement specimens
• As genuine scientific specimens
   

You may obtain an ESA permit from the Service for import of an African elephant sport-hunted trophy by submitting application form 3-200-20. 

For African elephant sport-hunted trophies taken on or after May 1, 2024, they may only be imported from countries that are certified by the United States according to 50 CFR part 17(e)(6)(ii). Further, starting January 1, 2026, African elephant sport-hunted trophies may only be imported into the United States from countries that are designated as CITES Category One under the CITES National Legislation Project.

We do not require an ESA import permit for ivory items imported as part of a household move, inheritance, musical instrument, or traveling exhibition. All ivory items must also be accompanied by a valid CITES document from the country of export's Management Authority.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…for commercial purposes?

To export worked African elephant items (see question 5) for commercial purposes, you must be able to demonstrate that your ivory qualifies as an ESA antique (see question 19). You do not need an ESA export permit as long as the item qualifies as an ESA antique, but a CITES permit is required.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…for noncommercial purposes?

To export worked African elephant items (see question 5) for noncommercial purposes, you must be able to demonstrate that your ivory meets I, II, III, or IV:

I. It qualifies as an ESA antique (see question 19).

OR

II. It was legally acquired and removed from the wild prior to the listing of the African elephant under CITES (February 26, 1976) and is being exported as part of a household move, inheritance, musical instrument, or traveling exhibition.

OR

III. It qualifies as pre-ESA or “pre-Act” item (see question 15).

OR 

IV. Exports of law enforcement and genuine scientific specimens may be authorized. 

You do not need an ESA export permit as long as the item meets the criteria above, but a CITES permit is required.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…within a state? 

Under U.S. federal law, you can sell your African elephant ivory within your state (intrastate commerce) if you can demonstrate that your ivory was lawfully imported prior to the date that the African elephant was listed in CITES Appendix I (January 18, 1990). This documentation could be in the form of a CITES pre-Convention certificate (see question 18), a datable photo, a dated letter or other document referring to the item, or other evidence. You do not need to obtain a permit from the Service for sales within a state. However, if you are offering African elephant ivory for sale, you should be prepared to provide appropriate documentation to the Service, if asked. We also suggest that you pass along all documentation to the buyer of your elephant ivory items. Some states have laws prohibiting or restricting sale of ivory; contact the state for its requirements.

…across state lines? 

The sale of African elephant ivory items across state lines (interstate commerce) is prohibited, except for items that qualify as ESA antiques (see question 19) and certain manufactured or handcrafted items that contain a de minimis (see question 20) amount of ivory and meet specific criteria. Interstate commerce is always prohibited for:

• Sport-hunted trophies (to include tusks)
• Items imported under the exception for a household move or inheritance 
• Items imported as law enforcement or scientific specimens

...outside the United States (foreign commerce)?

Foreign commerce includes, among other things, any transaction:

• Between persons within one foreign country;
• Between persons in two or more foreign countries;
• Between a person within the United States and a person in a foreign country; or
• Between persons within the United States, where the wildlife in question is moving in any country or countries outside the United States.

Foreign commerce in African elephant ivory is prohibited for any person subject to the jurisdiction of the United States, except for items that qualify as ESA antiques (see question 19) and certain manufactured or handcrafted items that contain a de minimis (see question 20) amount of ivory and meet specific criteria. Foreign commerce is always prohibited for:

• Sport-hunted trophies (to include tusks)
• Items that are imported or exported as part of a household move or inheritance

…for commercial purposes?

Asian elephant ivory may only be imported into the United States for commercial purposes if it qualifies as an ESA antique (see question 19). 

All ivory items must be accompanied by a valid CITES document from the exporting country's Management Authority.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…for noncommercial purposes?

Asian elephant ivory may only be imported into the United States for noncommercial purposes if it qualifies as an ESA antique (see question 19) or pre-Act item (see question 20), or is accompanied by an ESA export permit for scientific or enhancement of survival purposes. To obtain an ESA export permit for scientific or enhancement of survival purposes, submit application form 3-200-37e.

All ivory items must be accompanied by a valid CITES document from the exporting country's Management Authority.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…for commercial purposes

To export Asian elephant items for commercial purposes, you must be able to demonstrate that your ivory qualifies as an ESA antique (see question 19). You do not need an ESA export permit if the item qualifies as an ESA antique, but a CITES permit is required.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…for noncommercial purposes?

Asian elephant ivory may be exported from the United States for noncommercial purposes if it qualifies as an ESA antique (see question 19) or pre-Act item (see question 20), or is accompanied by an ESA export permit for scientific or enhancement of survival purposes. Submit form 3-200-37e to apply for an ESA export permit for scientific or enhancement of survival purposes. You do not need an ESA export permit if the item qualifies as an ESA antique or pre-Act item, but a CITES permit is required. 

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

…within a state?

Under U.S. federal law, you can sell Asian elephant ivory within your state (intrastate commerce) if you can demonstrate that your ivory was lawfully imported prior to the date that the Asian elephant was listed in CITES Appendix I (July 1, 1975). This documentation could be in the form of a CITES pre-Convention certificate (see question 18), a datable photo, a dated letter or other document referring to the item, or other evidence.

You do not need to obtain a permit from the Service for sales within a state. However, if you are offering Asian elephant ivory for sale, you should be prepared to provide appropriate documentation to the Service, if asked. We also suggest that you pass along all documentation to the buyer of your elephant ivory items. Some states have laws prohibiting or restricting sale of ivory; contact the state for its requirements.

…across state lines?

The sale of Asian elephant ivory across state lines is prohibited except for items that qualify as ESA antiques (see question 19).

For items made of Asian elephant ivory that qualify as an ESA antique, you do not need a permit from the Service to sell ivory across state lines. However, if you are offering Asian elephant ivory for sale, you should be prepared to provide appropriate documentation to the Service, if asked. We also suggest that you pass along all documentation to the buyer of your elephant ivory items. Some states have laws prohibiting or restricting sale of ivory; contact the state for its requirements.

...outside the United States (foreign commerce)?

Foreign commerce includes, among other things, any transaction:

• Between persons within one foreign country;
• Between persons in two or more foreign countries;
• Between a person within the United States and a person in a foreign country; or
• Between persons within the United States, where the wildlife in question is moving in any country or countries outside the United States.

Foreign commerce in Asian elephant ivory is prohibited for any person subject to the jurisdiction of the United States, except for items that qualify as ESA antiques (see question 19).

Musicians (to include orchestras) planning to make multiple border crossings with musical instruments that contain ivory should apply for a CITES musical instrument certificate by submitting form 3-200-88. 

This authorization is for noncommercial purposes; instruments must accompany the musicians on travel out of and back into the country and may not be sold or otherwise disposed of outside the United States. For orchestras, the instruments must be maintained together. If a musician intends to travel with his or her instrument separately from the orchestra while outside the United States, the musician should obtain an individual CITES musical instrument certificate.

In addition to a CITES musical instrument certificate, the following criteria must be met:

• You must determine whether your items are made of African or Asian elephant ivory. Such proof can be in the form of a qualified appraisal (see question 17) or other documentation that demonstrates the identification of the species through a detailed provenance of the article.
• If you have African elephant ivory, you must be able to demonstrate that the ivory was legally acquired and removed from the wild prior to February 26, 1976. This proof could be in the form of a qualified appraisal, or documentation that shows the manufacturing date of the instrument.
• If you have Asian elephant ivory, you must be able to demonstrate that the ivory qualifies as an ESA antique (see question 19) or pre-Act item (see question 20). This proof could be in the form of a qualified appraisal or documentation that shows the manufacturing date of the instrument.
   

Learn more about U.S. regulations for traveling across international borders with musical instruments. Musicians and orchestras based in foreign countries should contact the CITES Management Authority in their country of usual residence to obtain the necessary documents.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

Traveling exhibitions, such as museum or art exhibits, containing ivory may be imported into or exported from the United States under specific conditions. Raw African elephant ivory may not be imported or exported as part of a traveling exhibition. 

A CITES traveling exhibition certificate is required for noncommercial purposes. Items authorized under a certificate must be maintained together and may not be sold or otherwise disposed while outside of your country of residence; the authorization is limited to items that will be returned to the country of residence.

In addition to the CITES traveling exhibition certificate, the following criteria must be met:

• You must determine whether the items are made of African or Asian elephant ivory. Such proof can be in the form of a qualified appraisal (see question 17) or other documentation that demonstrates the identification of the species through a detailed provenance of the article.
• If you have African elephant ivory, you must be able to demonstrate that it was legally acquired and removed from the wild prior to February 26, 1976.
• If you have Asian elephant ivory, you must be able to demonstrate it qualifies as an ESA antique (see question 19) or pre-Act item (see question 20).
   

U.S.-based exhibitions can obtain a CITES traveling exhibition certificate from the Service by submitting application form 3-200-30. 

Exhibitions originating in foreign countries should contact the CITES Management Authority in that respective country to obtain the necessary documents.

All wildlife, including parts and products, imported into or exported from the United States for any purpose must be declared at a U.S. Fish & Wildlife Service Office of Law Enforcement port. If the item is an antique, it must enter through an endangered species “antique port.” U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

African elephant ivory can be imported for personal use as part of a household move or inheritance provided the ivory was legally acquired and removed from the wild prior to the listing of the African elephant under CITES (February 26, 1976), and the item is accompanied by a valid CITES pre-Convention certificate (see question 18). Items are considered part of a household move if they are household effects included when moving your residence to or from the United States provided you own the item and are moving it for personal use, and you import your household effects within one year of changing your residence from one country to another.

U.S. residents may obtain a CITES pre-Convention Certificate to export an item from the United States, by submitting application form 3-200-23. If you wish to import an item into the United States, this authorization must be obtained from the exporting country's Management Authority.

Specimens (e.g., elephant ivory, hair, or leather) considered pre-Act may be exempt from standard prohibitions on import or export. To qualify as a pre-Act specimen:

• It must have been held in captivity or in a controlled environment prior to December 28, 1973, or prior to the date of first listing under the ESA (June 14, 1976 for the Asian elephant; May 12, 1978 for the African elephant); and
• Its holding or use and any subsequent holding or use was not in the course of a commercial activity.
   

Submit form 3-200-23 to apply for a permit to export or re-export a pre-Act item.

The African elephant was first listed under CITES on February 26, 1976, and the Asian elephant was listed under CITES on July 1, 1975 (pre-Convention dates). 

An item that contains elephant ivory that was removed from the wild prior to these respective dates (i.e. 1976), is considered to be a pre-Convention specimen. This does not mean that the current owner must have purchased or acquired it prior to 1976, but that the item was manufactured from ivory that was taken from the wild prior to 1976. For example, a musical instrument that was manufactured in 1965 using African elephant ivory would be considered a pre-Convention specimen. Likewise, an instrument manufactured in 1985 using African elephant ivory acquired by the manufacturer in 1975 would also be considered a pre-Convention specimen. Since it is unlawful to possess specimens that have been traded contrary to CITES or taken in violation of the ESA, the ivory must have been legally acquired.

An appraisal submitted as evidence of an article’s eligibility under the ESA antique exception must meet the following criteria:

• The person executing the appraisal either has earned an appraisal designation from a recognized professional appraiser organization for demonstrated competency in appraising the type of property being appraised or can demonstrate verifiable education and experience in assessing the type of property being appraised.
• The person executing the appraisal is not the importer, exporter, buyer, recipient, or seller of the article; does not benefit from the results of the appraisal (other than for the cost of the appraisal); is not a party to any of the transactions associated with the article (including any person acting as an agent for the transaction); is not an employee of any business that is a party to the transaction; and is not related to the person claiming the exception.
   

Facts we examine in determining the reliability of the appraisal:

• A description of the article in sufficient detail for a person who is not generally familiar with the type of article to determine that the appraisal is about the article in question
• The name and address of the qualified appraiser; or if the appraiser is a partner, an employee, or an independent contractor engaged by a person other than the person claiming the exception, the name and address of the partnership or the person who employs or engages the appraiser
• The qualifications of the appraiser who signs the appraisal, including the background, experience, education, and any membership in professional appraiser associations
• The date on which the article was appraised
• The scientific method in detail used to determine the age or species
• Descriptive information on the article including but not limited to: the size of the article; the medium; the artist or culture; approximate date the article was created; and a professional quality image of the article
• A detailed history of the article including proof of authenticity
• The facts on which the appraisal was based including analyses of similar works by the artist on or around the creation date

A CITES pre-Convention certificate can be issued for specimens that were taken from the wild before the species was listed under CITES in order to authorize export or re-export, provided certain criteria are met. For the African elephant, the pre-Convention date is February 26, 1976. For the Asian elephant, the pre-Convention date is July 1, 1975. It is not necessary to apply for a CITES pre-Convention certificate unless you are seeking authorization to export or re-export an item.

U.S. residents may obtain a CITES pre-Convention Certificate to export an item from the United States, by submitting application form 3-200-23. If you wish to import an item into the United States, this authorization must be obtained from the exporting country's Management Authority.

To qualify for the ESA antiques exemption, items must meet all of the following criteria [seller/importer/exporter must demonstrate]:

A: It is 100 years or older

B: It is composed in whole or in part of an ESA-listed species

C: It has not been repaired or modified with any such species after December 27, 1973

D: It is being or was imported through an endangered species “antique port” 

Items imported prior to September 22, 1982, and items created in the United States and never imported must comply with elements A, B, and C above, but not element D. 

Forensic testing is not necessarily required to demonstrate an item is an antique. Provenance and age may be determined through a detailed history of the item, including but not limited to, family photos, ethnographic fieldwork, art history publications, or other information that authenticates the article and assigns the work to a known period of time or, where possible, to a known artist or craftsman. A qualified appraisal (see question 17) or another method, including using information in catalogs, price lists, and other similar materials that document the age by establishing the origin of the item, can also be used. View Director’s Order No. 210 for guidance on demonstrating an item qualifies as an ESA antique and for more information on documentation requirements. 

ESA antiques may be sold in interstate and foreign commerce and may be imported or exported without the need for an ESA permit, however CITES and other import/export permit requirements must still be met. Submit form 3-200-23 to apply for a CITES permit to export or re-export an ESA antique.

U.S. Customs and Border Protection designated ports for the entry of antiques made of ESA-listed species include: Boston, Massachusetts; New York, New York; Baltimore, Maryland, Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska, Honolulu, Hawaii; and Chicago, Illinois.

The de minimus exemption applies only to items made from African elephant ivory. The African elephant 4(d) rule provides an exemption from prohibitions on selling or offering for sale in interstate and foreign commerce for certain manufactured or handcrafted items that contain a small (de minimis) amount of African elephant ivory. The items must meet criteria (i) or (ii) and (iii) - (vii):

(i) If the item is located within the United States, the ivory was imported into the United States prior to January 18, 1990, or was imported into the United States under a CITES pre-Convention certificate (see question 18) with no limitation on its commercial use

(ii) If the item is located outside the United States, the ivory was removed from the wild prior to February 26, 1976

(iii) The ivory is a fixed or integral component or components of a larger manufactured or handcrafted item and is not in its current form the primary source of the value of the item, that is, the ivory does not account for more than 50% of the value of the item

(iv) The ivory is not raw (see question 5)

(v) The manufactured or handcrafted item is not made wholly or primarily of ivory, that is, the ivory component or components do not account for more than 50% of the item by volume

(vi) The total weight of the ivory component or components is less than 200 grams (the Service does not require ivory components to be removed from an item to be weighed)

(vii) The item was manufactured or handcrafted before July 6, 2016

Though not required, a qualified appraisal (see question 17) or other method of documenting the value of the item and the relative value of the ivory component (including information in catalogs, price lists, and other similar materials) can be used to demonstrate that an ivory item meets the above criteria.