new law relating to rhino horn - antiques info · in future, mounted rhino horns will be considered...

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On 20th September 2010 the World Wild- life Fund posted a feature on their website at www.wwf.org.uk relating to the government clamp down on rhino horn exports from the UK. Apparently there has been a considerable increase in rhino products activity in recent years. Anything from mounted rhino horns to Chinese libation cups have been turning up at UK auction houses and selling for inflated prices. The sales have been legal because certain pre 1947 products could still be traded. But it appears that rhino horn products have been brought into the UK and sold here to maximise their value before being exported to east Asia, where powdered rhino horn is in demand for black market medicines. This practice helped fuel global supply and demand, encouraging poachers to kill more wild rhinos for cash. From September 2010 the government instituted a new measure which only granted export licences for rhino horn if buyers and sellers met stringent criteria. Trade was only allowed for instance, if it was an exchange of goods between museums, or the item was worth more as a work of art than as a potential raw ingredient. The government says it was committed to protecting endan- gered species, and would be contacting UK auction houses and Trade associations to explain the situation. African rhino numbers were devastated between the 1970s and 1990s, when 96% of the black rhino population was wiped out. For over 40 years WWF has been campaigning and protecting rhinos on the ground. Numbers are beginning to increase, but only thanks to years of concerted conservation effort. Unfortunately, poaching is still a serious issue. Latest figures from South Africa confirm that 190 rhino had already been poached in the first eight months of 2010, the highest level in more than 20 years, and 37 of these were in the last month alone. Zimbabwe has lost more than 100 rhino since 2008. It would appear that the Trade had already been made aware that the status quo would not last and that a fuller ban would be imple- mented in the next few months. However on the 18th February 2011 at precisely 10am and without any warning the government imple- mented new rules which made it illegal to trade mounted rhino horns in the UK. Here are the bones of this new European Commission guidance which has been imple- mented by the Animal Health’s Wildlife Licensing and Registration Service (WLRS). It was made illegal from 18th February to sell mounted, but otherwise unaltered, rhino horns in the UK. European regulations allow for the sale of rhino horn provided specimens meet the derogation (known as the ‘antiques’ derogation) that they are ‘worked items’ prepared and acquired in such condition prior to 1947 and unaltered since. Until recently, mounted rhino horns in their natural state were considered ‘worked items’, meaning they could be legally traded. Now it will be illegal to sell a mounted rhino horn unless it has been sufficiently and obviously altered to qualify under the ‘antiques’ derogation. “The new EC guidance has been put into effect and we will no longer give approval for the sale of mounted, but otherwise unaltered rhino horn under the antiques derogation,” said John Hounslow, the head of the WLRS. “Neither will we allow sales of rhino horn to take place where the artistic nature of any alteration is not obvious.” In future, mounted rhino horns will be considered to be ‘unworked’. Given that all ‘unworked’ specimens of rhino horn are already banned from sale in the UK, it will no longer be possible to offer mounted rhino horns for legal sale. In respect of exporting such items, Animal Health would also be unlikely to grant a CITES re-export certi- ficate under the export restrictions brought into force in the UK in September 2010. Summary 1. The newly implemented EC guidance states that a rhino horn mounted on a plaque, shield or other type of base has not been sufficiently altered from its natural state to be included in the derogation for ‘worked’ specimens in Article 2(w) of the EC Regulations (the ‘antiques derogation’). The EC also advises that the conditions in Article 2(w) which require any alteration to have been carried out for “jewellery, adornment, art, utility, or musical instruments” will not have been met where the artistic nature of any such alteration (such as significant carving, engraving, insertion or attachment of artistic or utility objects, etc) is not obvious. 2. CITES is the Convention on International Trade in Endangered Species of Wild Fauna and Flora, an international agreement that came into force in 1975. Under the agreement the import, export and use for commercial gain of certain species is strictly controlled and requires a CITES permit. 3. All species of rhinoceros (except certain populations of southern white rhino) are listed on Appendix I of CITES / Annex A of the EC Regulations implementing CITES in the EU, affording rhinos the highest level of protection. Poaching is one of the main threats for the survival of the species. 4. Animal Health introduced restrictions on exports of rhino horn in September 2010 (see http://www.defra.gov.uk/animalhealth/cites/ne ws/archived_news/200910-Prevent-Export-of- Rhino-Horn-from-UK.htm), refusing to grant applications unless they met at least one of the following criteria: • The individual item is of such artistic value that it exceeds its potential value on the illegal medicine market. • The item is part of a genuine exchange of cultural goods between reputable institutions. • The item has not been sold and is an heir- loom moving as part of a family relocation. • The item is part of bona fide research. 5. Animal Health is an executive agency of Defra. It also encompasses the Wildlife Licensing and Registration Service (WLRS). WLRS regulates the trade in endangered species. It is the UK’s Management Authority for the Convention on International Trade in Endangered Species (CITES), and comprises over 70 wildlife inspectors and supporting enforcement agencies in wildlife crime investigations. Thieves target rhino horn at Sworders sale. ATG 5th March. Thieves stole a taxidermy rhinoceros head mount from Sworders auction house in Stansted Mountfitchet on Monday 21st February ... The alarm was activated at about 8.15pm on the night before the auctioneers ... sale; police ... found that the external doors had been forced and found vehicle tracks ... The moth-eaten head, with its 19in anterior and posterior horns visibly attached by staples, was one of eight African black rhino trophies included in the Feb 22 sale. While the others - all shield-mounted horns - were kept overnight in the strong room, the 70kg head with an estimate of £20,000-£30,000 had been secured to plates on a wall and remained in the saleroom. The thieves ... levered it off the wall by shearing six screws. PC Andy Long, wildlife and environmental crime officer at Essex Police, said: “This seems to be a targeted burglary. It is a valuable item in its own right, but if sold into the traditional medicine market would have a much greater value.” Police ... believe another break-in at Sworders earlier in February - shortly after the large cache of rhinoceros horns were first advertised for sale - could be related. ...contrary to last week’s report, full taxidermied heads with horn(s) attached ... will be considered to meet the worked definition and can be sold. Permission does not cover sections of head with horn(s) attached ... which will not be considered to meet the worked definition. The sale of specimens advertised for auction prior to ... February 18th has been permitted. The other seven African black rhino trophies in Sworders sale made a total of £368,000 plus premium. New Law relating to rhino horn The Editor explains the post 18th February position ANTIQUES INFO - May/June 11

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Page 1: New Law relating to rhino horn - Antiques Info · In future, mounted rhino horns will be considered to be ‘unworked’. Given that all ‘unworked’ specimens of rhino horn are

On 20th September 2010 the World Wild-life Fund posted a feature on their website atwww.wwf.org.uk relating to the governmentclamp down on rhino horn exports from theUK. Apparently there has been a considerableincrease in rhino products activity in recentyears. Anything from mounted rhino horns toChinese libation cups have been turning up atUK auction houses and selling for inflatedprices. The sales have been legal becausecertain pre 1947 products could still betraded. But it appears that rhino horn productshave been brought into the UK and sold hereto maximise their value before being exportedto east Asia, where powdered rhino horn is indemand for black market medicines. Thispractice helped fuel global supply anddemand, encouraging poachers to kill morewild rhinos for cash.

From September 2010 the governmentinstituted a new measure which only grantedexport licences for rhino horn if buyers andsellers met stringent criteria. Trade was onlyallowed for instance, if it was an exchange ofgoods between museums, or the item wasworth more as a work of art than as apotential raw ingredient. The governmentsays it was committed to protecting endan-gered species, and would be contacting UKauction houses and Trade associations toexplain the situation.

African rhino numbers were devastatedbetween the 1970s and 1990s, when 96% ofthe black rhino population was wiped out. Forover 40 years WWF has been campaigningand protecting rhinos on the ground. Numbersare beginning to increase, but only thanks toyears of concerted conservation effort.

Unfortunately, poaching is still a seriousissue. Latest figures from South Africaconfirm that 190 rhino had already beenpoached in the first eight months of 2010, thehighest level in more than 20 years, and 37 ofthese were in the last month alone. Zimbabwehas lost more than 100 rhino since 2008.

It would appear that the Trade had alreadybeen made aware that the status quo wouldnot last and that a fuller ban would be imple-mented in the next few months. However onthe 18th February 2011 at precisely 10am andwithout any warning the government imple-mented new rules which made it illegal totrade mounted rhino horns in the UK.

Here are the bones of this new EuropeanCommission guidance which has been imple-mented by the Animal Health’s WildlifeLicensing and Registration Service (WLRS).It was made illegal from 18th February to sellmounted, but otherwise unaltered, rhino hornsin the UK. European regulations allow for thesale of rhino horn provided specimens meetthe derogation (known as the ‘antiques’derogation) that they are ‘worked items’prepared and acquired in such condition prior

to 1947 and unaltered since. Until recently,mounted rhino horns in their natural statewere considered ‘worked items’, meaningthey could be legally traded. Now it will beillegal to sell a mounted rhino horn unless ithas been sufficiently and obviously altered toqualify under the ‘antiques’ derogation. “Thenew EC guidance has been put into effect andwe will no longer give approval for the saleof mounted, but otherwise unaltered rhinohorn under the antiques derogation,” saidJohn Hounslow, the head of the WLRS.“Neither will we allow sales of rhino horn totake place where the artistic nature of anyalteration is not obvious.”

In future, mounted rhino horns will beconsidered to be ‘unworked’. Given that all‘unworked’ specimens of rhino horn arealready banned from sale in the UK, it will nolonger be possible to offer mounted rhinohorns for legal sale. In respect of exportingsuch items, Animal Health would also beunlikely to grant a CITES re-export certi-ficate under the export restrictions broughtinto force in the UK in September 2010.

Summary1. The newly implemented EC guidancestates that a rhino horn mounted on a plaque,shield or other type of base has not beensufficiently altered from its natural state to beincluded in the derogation for ‘worked’specimens in Article 2(w) of the ECRegulations (the ‘antiques derogation’). TheEC also advises that the conditions in Article2(w) which require any alteration to havebeen carried out for “jewellery, adornment,art, utility, or musical instruments” will nothave been met where the artistic nature of anysuch alteration (such as significant carving,engraving, insertion or attachment of artisticor utility objects, etc) is not obvious. 2. CITES is the Convention on InternationalTrade in Endangered Species of WildFauna and Flora, an international agreementthat came into force in 1975. Under theagreement the import, export and use forcommercial gain of certain species is strictlycontrolled and requires a CITES permit. 3. All species of rhinoceros (except certainpopulations of southern white rhino) arelisted on Appendix I of CITES / Annex A ofthe EC Regulations implementing CITES inthe EU, affording rhinos the highest level ofprotection. Poaching is one of the mainthreats for the survival of the species. 4. Animal Health introduced restrictions onexports of rhino horn in September 2010 (seehttp://www.defra.gov.uk/animalhealth/cites/news/archived_news/200910-Prevent-Export-of-Rhino-Horn-from-UK.htm), refusing to grantapplications unless they met at least one ofthe following criteria: • The individual item is of such artistic value

that it exceeds its potential value on theillegal medicine market. • The item is part of a genuine exchange ofcultural goods between reputable institutions. • The item has not been sold and is an heir-loom moving as part of a family relocation. • The item is part of bona fide research. 5. Animal Health is an executive agency ofDefra. It also encompasses the WildlifeLicensing and Registration Service (WLRS).

WLRS regulates the trade in endangeredspecies. It is the UK’s ManagementAuthority for the Convention onInternational Trade in Endangered Species(CITES), and comprises over 70 wildlifeinspectors and supporting enforcementagencies in wildlife crime investigations.

Thieves target rhino horn atSworders sale. ATG 5th March.

Thieves stole a taxidermy rhinoceros headmount from Sworders auction house inStansted Mountfitchet on Monday 21stFebruary ... The alarm was activated at about8.15pm on the night before the auctioneers ...sale; police ... found that the external doorshad been forced and found vehicle tracks ...

The moth-eaten head, with its 19in anteriorand posterior horns visibly attached bystaples, was one of eight African black rhinotrophies included in the Feb 22 sale. Whilethe others - all shield-mounted horns - werekept overnight in the strong room, the 70kghead with an estimate of £20,000-£30,000had been secured to plates on a wall andremained in the saleroom. The thieves ...levered it off the wall by shearing six screws.

PC Andy Long, wildlife and environmentalcrime officer at Essex Police, said: “Thisseems to be a targeted burglary. It is avaluable item in its own right, but if sold intothe traditional medicine market would have amuch greater value.” Police ... believeanother break-in at Sworders earlier inFebruary - shortly after the large cache ofrhinoceros horns were first advertised forsale - could be related.

...contrary to last week’s report, fulltaxidermied heads with horn(s) attached ...will be considered to meet the workeddefinition and can be sold. Permission doesnot cover sections of head with horn(s)attached ... which will not be considered tomeet the worked definition. The sale ofspecimens advertised for auction prior to ...February 18th has been permitted. The otherseven African black rhino trophies inSworders sale made a total of £368,000 pluspremium.

New Law relating to rhino hornThe Editor explains the post 18th February position

ANTIQUES INFO - May/June 11

Page 2: New Law relating to rhino horn - Antiques Info · In future, mounted rhino horns will be considered to be ‘unworked’. Given that all ‘unworked’ specimens of rhino horn are

Fine rhinoceros horn libationcup, only 5 x 2.75in, lighthoney colour, simple but wellexecuted carving, magnoliaflower, several chips to thecarving. Hy. Duke & Son,Dorchester. Feb 11. HP:£62,000. ABP: £72,927.

Pair of African blackrhinoceros (Diceros bicornis)horns, mounted on originaloak shield inscribed ‘KenyaBEA 1924’, applied pressedmetal label verso ‘Griffiths,McAlister & Cook Ltd., Black-pool and London’, larger hornoutside curve 60cm, approx5.5kg. Sworders, StanstedMountfitchet. Feb 11. HP:£56,000. ABP: £65,870.

Black Rhinoceros (Dicerosbicornis), pair of hornsmounted on original shield,posterior horn, 29cm long,base circ. 51cm, anterior horn:52cm long, base circ. 46cm,total weight 5.95kg.Sworders, StanstedMountfitchet. Feb 11. HP:£56,000. ABP: £65,870.

Pair African black rhinoceros(Diceros bicornis) horns,mounted on original oakshield inscribed ‘Kenya BEA1924’, applied pressed metallabel verso ‘Griffiths, Mc-Alister & Cook Ltd., Blackpooland London’, larger horn out-side curve 70cm, approx 6kg.Sworders, StanstedMountfitchet. Feb 11. HP:£52,000. ABP: £61,165.

Chinese rhinoceros hornlibation cup, dragon amidstfoliage climbing into bowl,9cm high. George Kidner,Lymington. Jul 10. HP:£50,000. ABP: £58,812.

Black Rhinoceros (Dicerosbicornis), single horn, woodenbase, base circ. 55cm, outsidecurve 62cm, weight approx4.5kg incl. mount. Sworders,Stansted Mountfitchet. Feb 11.HP: £50,000. ABP: £58,812.

1920s black rhinoceros horn,mounted on an oak plaque byRowland Ward, double hornjoined by flap, lengthsapprox 21in and 12in, grossweight 5.2kg. Gorringes,Lewes. Feb 11. HP: £43,000.ABP: £50,578.

Black rhinoceros horn trophy,double horn, wooden plaque,1927 Jersey Depositorieslabel verso, by repute shot inAfrica in early 1920s, length21.5in, shorter horn 7.5in,gross weight 4.73kg.Gorringes, Lewes. Feb 11.HP: £42,000. ABP: £49,402.

Early 20thC rhinoceros horntrophy mounted on a circularwooden plaque, 23in.Gorringes, Lewes. Oct 10.HP: £40,000. ABP: £47,050.

Pair of Black Rhinoceros(Diceros bicornis) horns,wooden plaque, inscribed‘18.8.17’, anterior hornapprox outer curve 46cm, basecirc. 43cm, posterior hornapprox outer curve 33cm,base circ. 45cm. Sworders,Stansted Mountfitchet. Feb 11.HP: £40,000. ABP: £47,050.

Pair of African blackrhinoceros (Diceros bicornis)horns, original oak shieldinscribed ‘Kenya BEA 1924’,applied pressed metal labelverso ‘Griffiths, McAlister &Cook Ltd., Blackpool andLondon’, larger horn approx56cm, approx 4kg. Sworders,Stansted Mountfitchet. Feb 11.HP: £40,000. ABP: £47,050.

Black Rhinoceros (Dicerosbicornis), single horn mountedon a shield, base circ. 48cm,outside curve 53cm, weightapprox 4 kg incl. mount.Sworders, StanstedMountfitchet. Feb 11. HP:£40,000. ABP: £47,050.

Black Rhinoceros (Dicerosbicornis), pair of hornsmounted on a shield, basecirc. 45cm and 45cm, outsidecurve 48cm & 27cm, weightapprox 4.5kg incl. mount.Sworders, StanstedMountfitchet. Feb 11. HP:£34,000. ABP: £39,992.

Single black rhinoceros horntrophy, shield shaped woodenplaque, 16in, nett 1.635kg.Gorringes, Lewes. Feb 11.HP: £23,000. ABP: £27,053.

African black rhinoceros(Diceros bicornis) horn, onits original colonial shield.Sworders, StanstedMountfitchet. Apr 10. HP:£17,500. ABP: £20,584.

Chinese rhino horn libationcup, 12cm high, 15.5cm long.Gorringes, Bexhill. Dec 04.HP: £12,000. ABP: £14,115.

Rhinoceros (diceros bicornis)horn, mounted, black rhino,two horns and hide attachedto ebonized shield, plaquemarked Ndea, Kenya 1931,large horn 31cm from base totip, 42cm from hide, smallhorn 10cm from base to tip,20cm from hide, hide section34 x 17cm, shield 49 x 24cm.Halls Fine Art, Shrewsbury.Mar 09. HP: £10,700. ABP: £12,585.

Chinese 17th-18thC rhino-ceros horn libation cup,interior carved in relief with afrog and crab, signed, 5.5cmhigh with a 19thC carvedhardwood stand. Cheffins,Cambridge. Sep 99. HP:£9,500. ABP: £11,174.

Chinese rhinoceros horn witharchaistic carving of sinuousmythologival beasts, prob.18th/19thC, 9.5in. Hy. Duke &Son, Dorchester. Jan 08. HP:£9,000. ABP: £10,586.

Black rhinoceros horn, 81cmlong. Gorringes, Bexhill. Dec05. HP: £8,000. ABP: £9,410.

Mid 19thC rhinoceros hornwalking stick, knop terminal, 2plaited white metal bands,36in. Gorringes, Lewes. Jul10. HP: £7,500. ABP: £8,821.

Three unusual rhino hornwalking sticks, early 20thC,largest 90cm. Sworders,Stansted Mountfitchet. Nov 07.HP: £1,900. ABP: £2,234.

Chinese Rhinoceros hornlibation cup, late 17thC, 11cmlong. (faults) Rupert Toovey &Co, Washington. Sep 03. HP:£1,250. ABP: £1,470.

Chinese rhinoceros horn ovalpendant, one side carved withstylised griffin heads, otherside with intertwining border,both bearing seals translatedas ‘Your wish will be fulfilled’,7cm long. Gorringes, Bexhill.Mar 05. HP: £800. ABP: £941.

Victorian rhino foot container,moulded brass rim, lobededging, detachable metalliner, wooden stand, 9in high,& similar elephant foot withmetal rim. (2) Hartleys,Ilkley. Dec 07. HP: £300.ABP: £352.

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