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City, Country Date, 2013
Introduction to the US Lacey Act
The LACEY ACT
A tool to combat trafficking in “illegal” wildlife, fish or plants
Enacted in 1900, it is the oldest wildlife protection statute in the US
Designed to combat impact of:
hunting to supply commercial markets
interstate shipment of illegally killed game
introduction of harmful exotic species
killing of birds for feather trade
Amended in 1981 to protect rare U.S. plants
Farm Bill (Food, Conservation and Energy Act of 2008)
Expanded to include more plants (Prevention of Illegal
Logging Practices, Section 8204);
Covers products, including timber, derived from illegally
harvested plants;
Requirement to declare plant products.
LACEY ACT AMENDMENT, 2008
LACEY ACT AMENDMENT, 2008
Aims to: 1. Reduce global illegal harvesting by preventing trade in illegally harvested lumber
2. Prevent trade in wood products made from illegally harvested timber to stabilize and increase value of U.S. wood imports
LACEY ACT AMENDMENT, 2008
A ban on the trade in any plant harvested, possessed, transported, or sold in violation of the law that “protects” [not defined] plants or regulates “taking” payment of fees or taxes, or places limitations on exportation or transshipment.*
A requirement to declare the scientific name, value, quantity and country of harvest for some products
Two major components:
* applies to US and overseas laws and trade
In addition to these, it is illegal to falsify or submit falsified documents, accounts or records of any plant covered by the Act
Lacey Act Amendment, 2008
Chapter 44 Headings (wood & ar4cles of wood)
4401 Fuel wood
4402 Wood charcoal
4403 Wood in the rough
4404 Hoop wood; poles, piles, stakes
4406 Railway or tramway sleepers
4407 Wood sawn or chipped lengthwise
4408 Sheets for veneering
4409 Wood conGnuously shaped
4412 Plywood, veneered panels (except 44129906 and 44129957)
4414 Wooden frames
4417 Tools, tool handles, broom handles
4418 Builders' joinery and carpentry of wood
4419 Tableware & kitchenware of wood
4420 Wood marquetry, caskets, statueTes
4421 Other arGcles of wood
Chapter 66 Headings (umbrellas, walking s4cks, riding crops)
6602 Walking sGcks, whips, crops Chapter 82 Headings (tools, implements)
8201 Hand tools Chapter 92 Headings (musical instruments)
9201 Pianos
9202 Other stringed instruments Chapter 93 Headings (arms and ammuni4on)
9302 Revolvers and pistols
93051020 Parts and accessories for revolvers and pistols Chapter 94 Headings (furniture etc.)
940169 Seats with wooden frames Chapter 95 Headings (toys, games & spor4ng equipment)
950420 ArGcles and accessories for billiards Chapter 97 Headings (works of art)
9703 Sculptures
Currently applies only to the following products listed in the Harmonized Tariff Schedule (HTS)
All declarations submitted must be accurate; false statements may be referred for enforcement
Be careful – know exactly what a shipment consists of:
Even if a shipment does not appear to require declaration: do check -‐ if the items you are exporting are made of, or contain plant products which must be declared -‐ the Lacey Act is still in force.
Lacey Act Declaration Requirement
Example: Bagpipes • HTS Section 92059020 – no declaration required • If the pipes are wooden -‐ the Lacey Act applies • If the wooden pipes were made from illegally harvested trees then the whole shipment is in violation of the Lacey Act.
What Plants are not covered by the Lacey Act?
Plants and plant products used exclusively as packing material to support, protect, or carry another item including (but not limited to):
• Instruction manuals, labels, pallets and crating, etc.
• “Common cultivars” and “common food
crops” (as defined jointly by APHIS and FWS)
• Plants for planting
Enforcement Basics
To secure a conviction, the US Government uses information they have gathered to prove their case in court. No single document or set of documents is proof of legality.
Their information may come from:
• Foreign governments • Agents working on the border or at a port • Within the industry (competitors) • Data analysis • NGOs • Private citizens • Anonymous tips
The Lacey Act is not a document based Act, it is based on facts.
Initial information is evaluated and substantiated before a full investigation is launched
Enforcement Basics
• USFWS – US Fish and Wildlife Service • ICE – Immigration and Customs Enforcement • CPB – US Customs and Border Protection • APHIS -‐ US Animal and Plant Health Inspection Service • USDA -‐ US Department of Agriculture • OIG -‐ US Office of Inspector General • USFS -‐ US Forest Service • FBI – Federal Bureau of Investigation
Enforcement/investigating agencies include:
Lacey Act Violations and Penalties
Penalties vary according to the violators’ level of knowledge about the product:
If it is proved that an individual or company knew they were trading in illegally
harvested materials –
High Penalties will apply
If it is proved that an individual or company did not know they
were trading in illegally harvested materials –
Penalties vary -‐ according to what they did to check that
the product was legal (due care*)
*Due care = that degree of care which a reasonably careful person would exercise under the same or similar circumstances and is applied to a person’s degree of knowledge and responsibility.
Felony:
Punishable by 5 years in prison and a
$250,000 fine ($500,000 for corporations)
Knowing violation -‐ knowledge of facts and illegality (not specific to any particular law)
Lacey Act Violations and Penalties
Involves the import or export or commercial conduct
with plant value of more than $350
Applies to declaration requirements
Lacey Act Violations and Penalties
Does not apply to declaration requirements
Misdemeanor:
Punishable by 1 year in prison and a
$100,000 fine ($200,000 for corporations)
In carrying out their due care, an individual or corporation should have known that the plant was illegally taken,
possessed, transported or sold
Knowing violation involves the import or export
or commercial conduct with plant value of
less than $350
They advise the use of common sense
Basically if it seems too good to be true – it probably is!
US Government examples of when to be suspicious
Goods are cheaper than the market rate Documents missing or seem fake Unusual sales methods or practices Cheaper price for paying cash or with no documents Transactions match illegal trade described in industry
publications Suppliers cannot or will not give reasonable answers
to routine questions
Is it a formal entry?
Does my shipment need to be declared under the Lacey Act?
YES declaration is
required NO
declaration is not required
No
No
No
Yes
Yes Yes
Does my shipment need to be declared?
Does it contain plant material?
Is the HTS* code on the Schedule? Lacey Act Declaration Schedule of Enforcement
Formal entry = Goods valued at over $2,000 (as defined by Customs and Border Protection) Does not apply to personal items valued under $2,000 which are not intended for trade.
*HTS = Harmonized Tariff Schedule
NOTE: The Lacey Act still applies to shipment even when no declaration required.
US Import Declaration – information required
Scientific Name Genus and Species
Value of imported goods
Quantity of the Plant
Country of Harvest
Declara4on
Use the scientific name for the species
Gonystylus bancanus
Example: Ramin
The scientific name for this particular species is:
Species name – include all species
Make sure you include the
scientific name for every
species in the shipment
Declare the name of each species which may have been used
Declare the name of each country where the plant may have been harvested
See APHIS website
Species varies & unknown
Composite, recycle/reused
Harvest country unknown
What if the information is unknown?
Due Care -‐ Suggested Best Practice
US importers and traders are advised to:
If you want to keep your customers in the US market -‐ make sure you comply with the law and have all the documentation
and information they need to stay legal
Ask their overseas supplier for the Genus/species of the plant
Check botanical resources for information on validity of scientific names and geographic distribution
Check with foreign government authorities
Keep complete records of your efforts
When in doubt – contact APHIS!
• It is not based on documents – it is based on facts
• There is no exception for transshipped goods
• Illegal wood can be seized from a customs-‐bonded warehouse
before it enters the U.S.
• Claiming “I didn’t know” will not stop goods being seized
• Failing to file or falsely filing a declaration is a felony
• There is no exemption for wood which was illegally harvested
before the Lacey Act Amendment came into effect (2008)
Lacey Act Facts
http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml
APHIS Lacey Act Website
Link to look up plant genus and species
Links to Lacey Act Federal Register Notices
Link to PPQ Form 505: Plant and Plant Product Declaration Form
Links to other Lacey Act related Documents
Link to Lacey Act Declaration email address
What is on there
APHIS Lacey Act Website
No liability whatsoever resulting from this training can be accepted by the trainers or those who developed
these materials.
Persons seeking legal advice on compliance with the Lacey Act statute should consult with a legal professional.
It is hoped that the information presented will give you the confidence to demonstrate due care and in turn help your US customer to do the same
Disclaimer
For this whole presentation, note that under Lacey, no certification or document will protect against liability
where the US prosecutor can meet its own burden of proof.
