フォーカスされているオブジェクト

Items especially selected by Max from our Japanese Antiques For Sale
最新のアップデート: Jul 24, 2024 @ 4:14 pm

最新の買収

日本の古美術品を継続的に検索・購入しているため、販売中の日本美術の在庫は定期的に変化しています。 これがその株への最新の追加のいくつかです。 お願いします ギャラリーにお問い合わせください 私たちの在庫をもっと見るために。

最新のアップデート: Jul 24, 2024 @ 4:14 pm

売り切れ –日本の骨董品と芸術

To see the law regarding this please click the next tab.

This statutory guidance explains the enforcement framework and civil sanctions that apply when someone commits an offence under the Ivory Act 2018.

The Ivory Act 2018 bans people from dealing in ivory. It applies to the United Kingdom (UK). This includes any statutory instruments made under the Act.

This guidance applies to anyone who deals in ivory, or causes, arranges or helps someone else to deal in ivory. It includes:

  • any member of the public
  • businesses and their employees, such as a director, manager, partner or secretary
  • members of an organisation where the members manage its functions
  • people who want to import or export ivory into and out of the UK

1. Offences and enforcement

An offence under the Ivory Act 2018 applies to both a seller and a buyer of an ivory item, as well as to anyone involved in the dealing in other ways. For example, if you arrange a sale of an ivory item, provide advertising of an ivory item or keep an ivory item in a shop for sale.

Dealing includes:

  • buying ivory
  • selling ivory or keeping ivory for sale
  • hiring ivory or keeping ivory for hire
  • offering or arranging to buy, sell or hire ivory
  • exporting ivory from the UKfor sale or hire
  • importing ivory into the UKfor sale or hire

Under the Ivory Act 2018, ivory means ivory taken from the tusk or tooth of an elephant. The definition may be amended by future regulations to include other species. Unless you can prove otherwise, items that are made from ivory will be assumed to be made of ivory from an elephant.

If you know or suspect, or should have known or suspected, that the item is ivory, made of ivory or has ivory in it, you’re committing an offence dealing it. If you’ve committed an offence, you may face civil sanctions or criminal prosecution.

Exempt ivory items

There are 5 categories of ivory items that may be exempt from the ban, if they meet specific criteria:

  • pre-1918 items of outstanding artistic, cultural or historical value and importance
  • pre-1918 portrait miniatures
  • pre-1947 items with low ivory content
  • pre-1975 musical instruments
  • acquisitions made by qualifying museums

If you have an ivory item that you think falls into one of the exemption categories, you can apply to the Animal and Plant Health Agency (APHA) for:

  • an exemption certificate for pre-1918 items of outstanding artistic, cultural or historical value and importance
  • registration in the case of other exempt items

Enforcement and investigation powers

The Ivory Act civil sanctions enforcement is regulated by APHA on behalf of the Secretary of State for the Department for Environment, Food and Rural Affairs (Defra). In this guide, where we say ‘we’ it refers to APHA or another party acting on behalf of the Secretary of State.

Enforcement of the Ivory Act 2018 involves many parties including the police, customs officers and prosecuting services. Police, customs officers and accredited civilian officers (ACOs) have certain powers to investigate you and act if you’re not complying or if they suspect you’re not complying.

Police and customs officers can:

  • stop and search premises, people or vehicles
  • board and search vessels or aircraft
  • apply for a search warrant
  • examine and seize items
  • ask you to provide any relevant documents, examine and take those documents

ACOs are appointed and authorised by the Secretary of State. After the ACO has notified you, they can:

  • enter premises to assess compliance
  • enter premises where there are reasonable grounds to suspect there is relevant evidence
  • carry out examinations
  • ask you to provide relevant documents, examine and take documents
  • seize and detain relevant items

When we find relevant evidence of an offence we’ll consider whether prosecution is appropriate or whether the matter is suitable to be dealt with by a civil sanction. Where neither prosecution nor civil sanctions are appropriate we may decide to issue an advisory warning.

If the offence covers multiple countries, we’ll try to make sure that the investigation is coordinated from the earliest possible stage, so that only one investigation and prosecution takes place.

This guidance is in addition to Defra’s general enforcement policy.

Civil sanctions

A less serious offence is more likely to lead to civil sanctions, rather than criminal proceedings. Factors that may make an offence less serious might include, but are not limited to:

  • a first time offence
  • a one-off offence
  • a small scale offence
  • an offence with an item of low value
  • no intent to deceive
  • an individual private seller
  • a vulnerable person committing the offence
  • reliance on third party or professional advice

The civil sanction you’re issued will depend on the seriousness, circumstances, nature (type, intent and scale) and impact of the offence and what can be done to rectify it.

The type of civil penalty you get may depend on a range of factors, including:

  • the sale value of the ivory item traded
  • whether you’re an individual or a business
  • how culpable you are
  • how frequently you’ve committed an offence under the Ivory Act 2018
  • your intention to deceive
  • making sure the offence does not continue
  • making sure you are compliant in the future
  • deterring you and others from committing further offences

Civil sanctions will be proportionate to the offence and are intended to:

  • address the non-compliance in good time
  • minimise the likelihood of future non-compliance
  • reduce any harm associated with the non-compliance
  • enable escalating enforcement to secure compliance

There are 3 civil sanctions under the Act:

  1. Enforcement undertakings.
  2. Stop notices.
  3. Monetary penalties up to £250,000.

If you’ve committed a minor breach that can be easily rectified, you may get advice (orally or in writing) to remind you to obey the law. For example, if you made an administrative error on a single occasion.

This does not stop you facing civil sanctions or criminal proceedings in the future for the same minor breach or if later evidence showed the breach was more serious.

If advice is sent to you, it will be issued as an advisory letter. We’ll keep this letter on file.

APHA will keep official records of your compliance history as evidence. This includes any advice given orally or in writing relating to a minor breach.

In some cases there may be 2 or more people involved in an offence. For example, the sale of a single ivory item may involve offences by:

  • a buyer
  • a seller
  • someone who facilitated the sale
  • third party advice

We’ll consider each person’s involvement in the offence. The civil sanctions or criminal proceedings may be different for each person.

Where you may have relied on third party advice we’ll also consider their involvement in any offence committed.

Criminal prosecutions

In some circumstances, you may face a criminal prosecution. For example, if the offence is too serious for a civil sanction or if you dispute the offence and your part in it.

Factors that could make an offence more serious might include, but are not limited to:

  • large scale offending (including value, volume and frequency)
  • imports to the UKor exports from the UK
  • multiple offences
  • offences continuing over a longer period of time
  • offending by a business
  • trying to hide the offence or your illegal activity
  • who has been affected or harmed by your actions
  • continued to break the law after facing other enforcement actions
  • not complying with a stop notice
  • obstructing a police officer, customs officer or an ACO- in this case you may be liable to imprisonment, a fine or both

We may consider any of the following before deciding whether to start criminal proceedings:

  • the impact or potential impact the offence has on the environment, people or animals
  • your response to previous advice and guidance
  • how much you’ve benefitted, financial or in any other way

This list is not exhaustive and other relevant factors will be taken into account when the appropriate penalty is decided.

Criminal prosecutions you could face include one or more of the following:

  • a fine
  • a custodial sentence
  • any other sanctions at the courts’ disposal

Criminal prosecutions are conducted by the:

Prosecutions may also be conducted by the Counsel General in Wales.

We’ll follow these prosecution procedures when we decide whether to report a case for criminal prosecution.

Continue Reading:

Enforcement undertakings

3.Stop notices

4.Monetary penalties

5.Challenges and appeals

6.Publication to report our use of civil sanctions

7.Enforcement cost recovery notices