Title 16ConservationRelease 119-73

§4222 Moratoria

Title 16 › Chapter CHAPTER 62— - AFRICAN ELEPHANT CONSERVATION › Subchapter SUBCHAPTER II— - MORATORIA AND PROHIBITED ACTS › § 4222

Last updated Apr 6, 2026|Official source

Summary

The Secretary must ban imports of raw and worked ivory from an ivory‑producing country right away if the country does not meet the criteria in section 4221(b)(1). If the Secretary does not have enough information about a country, the ban must start no later than January 1, 1990, unless new information shows the country meets the criteria before that date. The Secretary must also ban ivory from an intermediary country right away if the country is not part of CITES, does not follow the CITES ivory controls, brings in ivory from non‑CITES or non‑producing countries, brings in ivory illegally, or sharply raises imports from a country already under a ban. Imports from a banned country are barred after the first three months, except that ivory shipped by vessel during the first six months may enter if shipping papers show it was exported before the ban. The Secretary must lift a ban after notice and public comment if the reasons for it are gone. Any person can petition the Secretary to start or stop a ban, must give strong information, and the Secretary will publish the petition, take public comments, and decide no later than 90 days after the comment period ends. People may import legally taken sport‑hunted elephant trophies from producing countries that have submitted an ivory quota, and the Secretary may not ban those imports. Ivory seized and sold under CITES rules will not alone cause a ban if all sale money goes to conservation; if the country was not a CITES party when the ivory was seized, that protection applies only after the country ensures people with illegal‑ivory histories cannot benefit.

Full Legal Text

Title 16, §4222

Conservation — Source: USLM XML via OLRC

(a)(1)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)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)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)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)(1)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)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)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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4222

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73