§ 4222. — Moratoria.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4222]
TITLE 16--CONSERVATION
CHAPTER 62--AFRICAN ELEPHANT CONSERVATION
SUBCHAPTER II--MORATORIA AND PROHIBITED ACTS
Sec. 4222. Moratoria
(a) Ivory producing countries
(1) In general
The Secretary shall establish a moratorium on the importation of
raw and worked ivory from an ivory producing country immediately
upon making a determination that the country does not meet all the
criteria set forth in section 4221(b)(1) of this title.
(2) Later establishment
With regard to any ivory producing country for which the
Secretary has insufficient information to make a determination
pursuant to section 4221(b) of this title, the Secretary shall
establish a moratorium on the importation of raw and worked ivory
from such country not later than January 1, 1990, unless, based on
new information, the Secretary concludes before that date that the
country meets all of the criteria set forth in section 4221(b)(1) of
this title.
(b) Intermediary countries
The Secretary shall establish a moratorium on the importation of raw
and worked ivory from an intermediary country immediately upon making a
determination that the country--
(1) is not a party to CITES;
(2) does not adhere to the CITES Ivory Control System;
(3) imports raw ivory from a country that is not an ivory
producing country;
(4) imports raw or worked ivory from a country that is not a
party to CITES;
(5) imports raw or worked ivory that originates in an ivory
producing country in violation of the laws of that ivory producing
country;
(6) substantially increases its imports of raw or worked ivory
from a country that is subject to a moratorium under this chapter
during the first three months of that moratorium; or
(7) imports raw or worked ivory from a country that is subject
to a moratorium under this chapter after the first three months of
that moratorium, unless the ivory is imported by vessel during the
first six months of that moratorium and is accompanied by shipping
documents which show that it was exported before the establishment
of the moratorium.
(c) Suspension of moratorium
The Secretary shall suspend a moratorium established under this
section if, after notice and public comment, the Secretary determines
that the reasons for establishing the moratorium no longer exist.
(d) Petition
(1) In general
Any person may at any time submit a petition in writing
requesting that the Secretary establish or suspend a moratorium
under this section. Such a petition shall include such substantial
information as may be necessary to demonstrate the need for the
action requested by the petition.
(2) Consideration and ruling
The Secretary shall publish a notice of receipt of a petition
under this subsection in the Federal Register and shall provide an
opportunity for the public to comment on the petition. The Secretary
shall rule on such petition not later than 90 days after the close
of the public comment period.
(e) Sport-hunted trophies
Individuals may import sport-hunted elephant trophies that they have
legally taken in an ivory producing country that has submitted an ivory
quota. The Secretary shall not establish any moratorium under this
section, pursuant to a petition or otherwise, which prohibits the
importation into the United States of sport-hunted trophies from
elephants that are legally taken by the importer or the importer's
principal in an ivory producing country that has submitted an ivory
quota.
(f) Confiscated ivory
Trade in raw or worked ivory that is confiscated by an ivory
producing country or an intermediary country and is disposed of pursuant
to the CITES Ivory Control System shall not be the sole cause for the
establishment of a moratorium under this subchapter if all proceeds from
the disposal of the confiscated ivory are used solely to enhance
wildlife conservation programs or conservation purposes of CITES. With
respect to any country that was not a party to CITES at the time of such
confiscation, this subsection shall not apply until such country
develops appropriate measures to assure that persons with a history of
illegal dealings in ivory shall not benefit from the disposal of
confiscated ivory.
(Pub. L. 100-478, title II, Sec. 2202, Oct. 7, 1988, 102 Stat. 2318.)
Section Referred to in Other Sections
This section is referred to in section 4223 of this title.
