CITES Compliance and Protected Materials Policy

1. Introduction and Commitment

Artemisia Fine Arts & Antiques is committed to the preservation of endangered species and strict compliance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and all related domestic laws and EU Regulations (e.g., the EU Wildlife Trade Regulations).

This policy outlines our due diligence process for items containing materials derived from protected species (e.g., ivory, tortoiseshell, coral, certain woods, and rhino horn).

 

2. Scope of Regulation

CITES regulations restrict the international and, in some cases, the domestic commercial trade in species listed in its Appendices (I, II, and III) and the corresponding domestic annexes (e.g., Annex A, B, C, D in the EU).

 

3. Due Diligence and Identification of CITES Materials

Every item acquired and offered for sale is subject to a rigorous review for the presence of CITES-listed materials.

• Listing Declaration: If an item is identified as containing CITES materials, the listing will include an explicit declaration of the material (e.g., "Elephant Ivory," "Hawksbill Turtle Shell").

• Expert Opinion: Attribution and dating are based on the expert opinion of the gallery, but we are not official government CITES authorities.

 

4. The "Antique Exemption" Clause

We trade on the basis of the CITES "antique exemption," which, under many jurisdictions, applies to items containing regulated species if they:

• Were acquired in their finished form before March 3, 1947.

• Are demonstrably worked (significantly altered from their natural state).

• Are being sold for their current intended use (e.g., as a decorative or utility item).

It is the buyer's responsibility to review the specific legal definition of "antique" in their own country before purchase.

 

5. Buyer Responsibility for Licensing and Permits

A. Domestic/Intra-Region Trade (e.g., within the EU or within the USA):

• For Annex A/Appendix I materials that are not covered by the 1947 antique exemption, an Article 10 Certificate (or equivalent domestic permit) is often required for commercial sale.

• The buyer is responsible for verifying the item's compliance status and obtaining any required domestic certificates before commercial use or re-sale.

B. International Trade (Export/Import):

• The Buyer's Responsibility: The buyer is solely responsible for obtaining and paying for all necessary CITES Export Permits (from the country of export) and CITES Import Permits (for the country of import).

• Mandatory Documentation: Both the CITES export and import permits MUST be obtained by the buyer beforethe item is shipped.

• Shipment Refusal: We will not ship any item containing CITES materials internationally without receiving copies of all valid and matching CITES permits from the buyer.

• Risk and Seizure: Failure to comply with CITES regulations can result in the seizure and destruction of the item by customs authorities, and the imposition of severe penalties on the buyer. Artemisia Fine Arts & Antiques accepts no liability for items seized or delayed due to the buyer’s failure to secure proper documentation.

 

6. Restricted Species (e.g., Ivory)

Due to evolving and strict domestic laws (e.g., the UK Ivory Act 2018 or current US/EU restrictions), specific materials may be subject to a complete domestic trade ban or additional certification requirements, irrespective of the CITES "antique exemption."

• Items that fall under these stricter domestic bans will not be offered for sale or shipped to countries where such bans are in force.

By purchasing from Artemisia Fine Arts & Antiques, the buyer acknowledges and assumes full responsibility for CITES and related domestic wildlife trade regulations in their country.