Due to the protection needed to ensure the survival of some species, trade in some of the materials used for musical instruments and the movement itself of the instruments made with them is now restricted by law. This protection comes in two forms, international treaties and national protective legislation. The most important international treaty is CITES, but there are more.
The law on the import, export and internal trade and movement of items made of endangered species is exceptionally complex. Many countries have different interpretations and may apply different dates for various exemptions. Even within the US, the law can vary from state to state. In all cases, you should seek clarification from the relevant government agencies and if necessary from a lawyer familiar with this aspect of environmental legislation before attempting to import, export or transport any item containing materials from endangered species. You will get a rough idea reading this page.
What is CITES?
CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
The trade is diverse, ranging from live animals and plants to a vast array of wildlife products derived from them, including food products, exotic leather goods, wooden musical instruments, timber, tourist curios and medicines. Levels of exploitation of some animal and plant species are high and the trade in them, together with other factors, such as habitat loss, is capable of heavily depleting their populations and even bringing some species close to extinction. Many wildlife species in trade are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important in order to safeguard these resources for the future.
Today, CITES accords varying degrees of protection to roughly 5,000 species of animals and 28,000 species of plants against over-exploitation through international trade. They are listed in the three CITES Appendices. The species are grouped in the Appendices according to how threatened they are by international trade. They include some whole groups, such as primates, cetaceans (whales, dolphins and porpoises), sea turtles, parrots, corals, cacti and orchids. But in some cases only a subspecies or geographically separate population of a species (for example the population of just one country) is listed.
The CITES agreement regulates – and in certain cases prohibits – international trade and movement (even non lucrative) in certain species and their derivatives. There are three basic categories that CITES uses to classify and regulate trade in particular species, known as Appendixes I, II and III.
Domestic legislation
In addition to CITES protection, some species are also covered by additional, domestic legislation. For example, in the US elephant ivory and tortoiseshell are both subject to the Endangered Species Act (ESA) and the provisions of the Lacey Act within the US (the effect of which is to make it a criminal offence to transport across State lines in some circumstances). Ivory is also subject to additional restrictions under the terms of the African Elephant Conservation Act. Walrus ivory is covered by the Marine Mammal Protection Act. In the UK, these items are regulated by COTES legislation (Control of Trade in Endangered Species).
The penalties for infringement can be severe. In the UK, for example, importing ivory without the necessary permits can carry a jail term of up to 7 years and unlimited fines. In addition, items that are not accompanied by the correct permits will be confiscated without compensation.
There are many species which are in some degree endangered but do not warrant or, for some reason, cannot be given the vigorous protection of CITES. These species are often protected by national legislation.
How does CITES apply to musical instruments?
Old makers of musical instruments used the materials they had on hand, basically natural materials from plants and animals, minerals and metals. Exactly the same than other craftsmen like shoemakers, boat makers, bookbinders, gunsmiths, etc.
From the XIX century and mainly in the XX century, many synthetic materials have been developed to substitute natural materials and in most cases with superior performance. But at the same time, the trade has increased in such way that, together with the increase of the population and need of energy and raw materials, the net result is that as never before the human being over-exploits the wild live and habitats.
Among the old crafts only a few remains the same in the XXI century, and musical instrument making is one of them. And that's why wooden musical instrument trade is always under the sight of CITES.
If you own and old instrument you should know that travelling internationally with musical instruments does require some familiarity with the CITES regulations. It is very easy to inadvertently contravene these very complicated laws. Wherever possible, avoid travelling with instruments containing any ivory, tortoiseshell, Brazilian rosewood or other precious components: the amount (and the cost) of the required paperwork is both substantial and time-consuming. Taking into account the additional risk of loss or damage due to airport baggage handlers, you may well conclude, as others have, that a legislation-free, easily replaceable ‘travel’ instrument is a very good investment indeed.
Violin bows with ivory bowtips may be seized for lack of documentation at international customs. At present, this is not happening, but musical instrument makers, antique dealers and museum curators all need to be aware of this legislation.
Is the musical instrument trade the cause of over-exploitation of any species?
Not really. The species are overexploited for many reasons but most of the other causes can substitute such species for other, while it seems as if musical instruments need the use of them to get the best results.
Over 200 different tree species worldwide are used to make musical instruments. Ebonies, rosewoods and mahoganies have been valued for centuries for their resonance and beauty in making a range of instruments. Unfortunately at least 70 of these species are threatened with extinction in the wild.
Musical instrument trees or ‘tonewoods’ provide some of the most valuable timber in the forest. Although the musical instrument industry is by no means a leading force behind the demise of these rare species, musical instruments require the highest-quality timber that often comes from slow growing, older trees. Unsustainable logging practices for this wood often have negative impacts on the forest as a whole and yield few benefits for local people.
Perhaps the most helpful and simple approach is encouraging the use of native timbers that are locally grown in forest plantations. Musicians and musical instrument makers will find it makes sense to rely on local materials and to only use foreign materials from approved sources. Instruments do not need to be made of rare and valuable materials to play well nor does every modern instrument need to be a copy of the highly decorated (but hardly used) instruments held in museum collections.
Do the best musical instruments need to be made of species threaded of extinction?
Not at all. We must distinguish the deep reason why a type of wood (or other material) is used in each case. Basically there are three reasons: acoustical, mechanical and aesthetical.
Brazilian rosewood (Dalbergia nigra) -a timber which should not be confused with Brazilian mahogany- was placed CITES in Appendix 1 in 1992. Brazilian rosewood, also known as Rio rosewood, palisandar and jacaranda, is a true rosewood; dark brown and hard with interesting grain patterns. For many years it has been considered the best of all possible choices of wood for the back and sides of classical guitars. It has also been used for pianos, violin pegs, bridges, and fingerboards of guitars and mandolins and also for violin bow fittings.
Bigleaf mahogany (Swietenia macrophylla) is widely used for instrument backs, sides and necks. Upgraded from CITES Appendix III status to Appendix II with effect from 15 November 2003. Currently, only logs, sawn boards and plywood sheets require import/export permits, generally meaning raw materials only – not finished instruments, though that could change.
The aromatic wood of the cedar (Cedrela odorata, known in trade as ”west Indian cedar” or “Spanish cedar”) is in high demand for cigar boxes, but also extensively used for housing, furniture, household implements, musical instruments, veneer and plywood. The cedars of Central and South America, once common species, have been selectively cut for at least 250 years for their timber, which are valued locally for their resistance to rotting and insects and internationally as a precious wood. The cedar also suffers from extensive deforestation.
Elephant ivory is listed in Appendix I and consequently all international commercial trade is banned. Ivory has been used in musical instruments for centuries. The white keys on many pianos are covered with ivory and it has been used for nuts, saddles and tuning pegs, on guitars, lutes and other stringed instruments. Other uses are violin bow tips, entire woodwind instruments, bagpipe fittings, inlays, and decoration on nearly any type of instrument. It is fortunate that cow bone is such an adequate material for nuts. In some countries, ivory stockpiles have been burned and the people and countries presently holding ivory stocks are delighted to be able to sell. Conservationists fear that the stockpiles will now increase, that trade in ivory will be stimulated and point out that elephants are still being killed by the hundreds.
Tortoiseshell is another Appendix I species for which full import and export certificates are required. It should be noted that the term ‘tortoiseshell’ actually refers to the keratin scutes of specific marine (sea) turtles, and not to the scutes from terrestrial tortoises. All marine turtles are now listed on Appendix 1. The species that has suffered most from exploitation for tortoiseshell is the Hawksbill turtle (Eretmochelys imbricata), though other species such as the Green turtle (Chelonia mydas) have also been impacted by this trade. Tortoiseshell was used for picks, pickguards, inlays and bow fittings.
African blackwood, known also as Mpingo, once covered great stretches of Africa and has been grown in Asian plantations. It is a large, slow growing, gnarled tree but a small portion is usable, and is the preferred timber, for making oboes and clarinets. Possibly 100 thousand of these instruments are being made from African blackwood each year. The countries that hold mpingo are reporting some success at protection, but poaching is also suspected. Other woods and also the synthetic Bakelite was once consider as good or even better for that purpose. But for any unknown reason now the musicians prefer the blackwood.
There are hundreds of species of ebony and almost every one can be considered endangered in some way. Some of the ebonies may already be extinct, certainly many areas where these trees occur naturally can no longer provide commercial timber.
Indian rosewood is protected by Indian legislation which prohibits the export of logs. Only converted timber can be exported. Current research is beginning to show that trees of instrument-making quality and size still exist, but in limited numbers. Replanting programs are in existence, but as the tree takes 180 years to reach maturity it will be a long time before a new crop of large trees are available. Ebonies and rosewoods are freely available in musical instrument-making catalogues and are extensively used in factory production.
Why the best musical instruments are made of species listed by CITES?
They are not the best musical instruments, but the most expensive. And they are expensive not only because of their musical characteristics but also because of the scarcity of the materials they are made of. The price of scarce materials is always very high, even if they do not provide musical features to the instruments.
Why the most expensive musical instruments are made of species listed by CITES?
Not forgiving the demand, which is of similar importance, in the price of a musical instrument act, as in any other product: the cost of the materials, the cost of the labour, the antiquity, the exclusivity of the item and the sign of the author.
Expensive materials are only used in good instruments, and can be an indication of the quality. But expensive materials don't make an instrument to be better. Just only imagine a very bad guitar with a very good diamond embedded on its head.
How many permits do I need to transport an instrument that contains a part made with a material listed in CITES Appendix 1?
Normally, you need:
These permits can take several months to obtain, so plan ahead. Most management authorities levy a charge for these permits.
Do I need these permits just for a temporary visit?
Yes.
What happens if I travel without the permits?
Your instrument can be seized and you can face heavy fines, or even imprisonment in addition. Customs officers are trained to recognise these materials, and can call upon outside experts in cases of questionable identification or to resolve false claims. Even though you may hear of people who have “got away with it” it is extremely inadvisable to attempt to bring items through customs illegally.
How can I prove my instrument only contains Appendix 1 materials that were taken before the convention came into effect?
This depends. In the case of a guitar from a well-documented maker, the serial number should help resolve the date of manufacture. The relevant authorities would normally accept this evidence. If there is no serial number, and no other reliable dating information, other evidence may be required, such as a sworn affidavit from a reputable expert. In some cases it may be difficult, or even impossible, to provide adequate documentation. In such cases, your application for a permit on ‘pre-convention’ origin grounds may be denied.
How do I know if I need a permit to import or export a guitar?
If it contains Brazilian rosewood, ivory or genuine tortoiseshell components – even a very small amount, such as a binding, overlay or inlay piece - you definitely need import and export permits, a pre-convention exemption certificate, or all three depending upon your destination and point of departure. For other materials you can check the updated listings at www.cites.org
I am not importing (or exporting) the guitar for commercial purposes, but for private use. Do I still need these permits?
Generally, yes, if it contains any CITES Appendix I materials.
My guitar was made in 1968, long before Brazilian rosewood was added to CITES Appendix 1. Doesn’t this mean it is exempt and that therefore no permit is required?
Not exactly. What it means is that you qualify for a pre-convention certificate on the grounds of pre-convention origin.
Can I legally carry tortoiseshell picks with me when I travel?
Only if the picks themselves (not the material they are made from) are at least 100 years old (and you can prove it). In that case, you would qualify for a pre-convention or antiques exemption, for which you must apply for the relevant certificate. Be aware that some countries (including Canada) do not recognise any antiques exemptions. Accurately and convincingly proving the age of a guitar pick may well be almost impossible, however, so please note that the onus of proof of legality is on the importer/exporter (you), not upon customs officers to prove the reverse. In the absence of acceptable proof the items will be seized and you may be prosecuted.
What about picks I have made myself from a 100 year-old antique hairbrush? Surely these must be legal?
This is a common misconception. In fact, they are categorically NOT legal. Once an antique (classified as an item 100 years old or more) has been “reworked”, in this case, converted from a hairbrush into a guitar pick, it automatically LOSES ITS EXEMPTION. There are no exceptions to this. In this case, while the original, unmodified antique hairbrush would qualify for a pre-convention exemption, provided it was adequately documented, the guitar picks obtained from it would not. They are, therefore, just as illegal as if they had been made from fresh tortoiseshell. It should also be noted that the internal sale of these items is equally illegal in some circumstances, for example, selling or transporting “reworked” tortoiseshell (or ivory) across state lines in the US.
There are further complicating factors with regard to “reworked” antiques, in that under the ESA (in the US) the item also loses exemption if it has been “bought, bartered, offered for sale or leased” at any time since it was subject to the Act. This is a complex area, and if you are intending any kind of transaction or transport of either elephant ivory or tortoiseshell within the US, you are advised to seek expert advice from a lawyer well versed in conservation legislation. Ignorance of the law is unfortunately not an excuse even if you make an innocent mistake and are caught.
Re-working Antique Tortoiseshell for Picks - Is it Legal?
We’ve received quite a few responses regarding our article on CITES Law as it relates to acoustic instruments. A number of these were from people asking about the legality of tortoiseshell picks that have been made from re-worked antique tortoiseshell items, such as boxes, brushes or tea trays. The term "re-worked" includes conversion from say, a box or hairbrush to a guitar pick.
It should be noted that the term ‘tortoiseshell’ actually refers to the keratin scutes of specific marine (sea) turtles, and not to the scutes from terrestrial tortoises. All marine turtles are endangered and now listed on Appendix 1.
The species that has suffered most from exploitation for tortoiseshell is the Hawksbill turtle (Eretmochelys imbricata), though other species such as the Green turtle (Chelonia mydas) have also been impacted by this trade.
Being in possession of a tortoiseshell pick is not offence (unless it can be determined that you obtained the tortoiseshell illegally). So, if you re-worked your great-grandmother’s 1920's tortoiseshell hairbrush to make picks for your own use, you are not committing an offence. However, if you try to sell those picks or you attempted to cross an international border with one (without having the necessary permits), you are.
The sale of any tortoiseshell guitar picks is illegal (unless they were manufactured *AS GUITAR PICKS* prior to 1947). The sale of picks made from other antique items after 1947 is a very serious offence. We have just received this note from CITES enforcement for the UK:
"As you are probably aware, worked items made from tortoiseshell that acquired before 1 June 1947 do not require Article 10 certificates to allow them to be used for any commercial purpose – which would include sale. However, if a pre-1947 worked item is subsequently re-worked after 1 June 1947, then the derogation would not apply and an individual Article 10 certificate would be required. Anyone selling such re-worked items without an Article 10 certificate would be committing an offence under Regulation 8(1) of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 and, if convicted, could face up to five years in prison, an unlimited fine or both.“ This law applies within the UK, and not just to travellers crossing borders.
It may seem that these are severe penalties for using antique tortoiseshell that already had an exemption in its previous form. If the item causes no injury to our endangered sea turtles, why would it be illegal?
The problem is that once an item is re-worked it becomes very difficult to tell the difference between a pick that was made of re-worked antique tortoiseshell from one that was recently made from an endangered sea turtle killed for its shell. Unfortunately, there is a thriving trade in poached tortoiseshell from the Far East, much of which is falsely sold as ‘antique’.
There were tortoiseshell picks manfactured before 1947. D’Andrea made tortoiseshell picks from 1930 to the late 70’s, but you normally can’t determine when an individual pick was made. Unlike guitars and banjos that have serial numbers, there is no way to prove a pick’s date of manufacture. So, even if you happen to have a tortoiseshell pick manufactured before 1947, it is unlikely that you could get an Article 10 certificate for it.
Even when tortoiseshell could still be legally obtained, many musicans opted for other kinds of picks. Unfortunately, popular musicians that attribute their sound to using tortoiseshell picks are adding to their mystique. Even if the picks these musicians are using have been legally obtained, other players wanting to achieve the same sound may buy tortoiseshell picks from any source available.
Fortunately, there are more good picks to choose from today then there ever were. Clayton Ultem Gold, Wegen, and Tortex are just a few brands. One which has been said to actually have the sound and feel of the old tortoiseshell picks is Tortis made by Red Bear.
My guitar, made in 1958, has Brazilian rosewood back and sides, and an original elephant ivory nut and saddle. What do I need if I wish to take it with me on an international tour?
You need full CITES import/export/re-export permits for every stage of the journey. Your guitar pre-dates June 1992 with regard to the Dalbergia nigra, so would qualify for a pre-convention exemption, however, the presence of the Elephant ivory changes the situation dramatically. Only Elephant ivory predating June 1 1947 qualifies for exemption as pre-convention, or 100 years old under the antique exemption (if your departing or destination country recognises that particular clause). As your guitar includes later material, it does not qualify for any exemption. In such a case, I would advise removing the elephant ivory and replacing it with either bone or mammoth ivory, which is very similar but which is perfectly legal and requires no CITES permits. Even if your guitar had a CITES permit based upon pre-convention Brazilian rosewood, but upon inspection, was found to contain post-1947 ivory, it could be seized in its entirety and you could be fined.
Are there other restrictions I need to know about?
Yes. When importing or exporting any instrument containing CITES Appendix 1 materials you can only enter and leave many countries (including the US) via either “Wildlife Designated”, “Plant Designated” or “Antique Designated” ports. Full lists of these are on the US Fish and Wildlife Service website (www.fws.gov). You will need your CITES permits and Antique or Pre-convention documentation as appropriate for the inspector. Allow plenty of additional time to clear customs. If shipping an item as freight, you will need your bill of lading, airway bill and invoice in addition.
What about the abalone inlays on my violin bow or banjo?
Only certain species are currently subject to the strictest controls. Currently, the common forms of abalone shell are not listed under CITES, although they have been proposed for Appendix II status. Presently, only the very rare White Abalone (Haliotis sorenseni) is listed under US domestic legislation as an Endangered Species, and this may not be imported, exported or otherwise traded. The ‘common’ abalone on your guitar or violin frog does not therefore currently require any permits.
Can a guitar fitted with a fossilized Walrus ivory saddle be transported internationally without the need for permits, then?
No. CITES permits are still required for all forms of fossilized Walrus ivory, or for any instrument containing such components. Fossilized mammoth (or mastodon) ivory is, however, exempt, as described above.
I fitted a nut and saddle recently made from “pre-ban” elephant ivory. How can I get a CITES permit if I wish to take this guitar abroad?
You can’t. There is no adequate way to prove the origins of the material used on your guitar. An estimated 90% of material sold as “pre-ban” is of questionable origins (China alone imports several tons of illegal, poached, Elephant ivory annually and re-exports it under various dubious circumstances and under various false descriptions, such as “antique netsuke”. This is certainly one source of some alleged “pre-ban” ivory now in circulation). Because it is impossible to adequately trace the origins and properly document the material on your guitar, you are not able to meet the requirements for CITES permits. If you travel without such permits, you risk the confiscation of the entire instrument.
I purchased a new Brazilian rosewood guitar in 2003. I now wish to travel abroad with it on my next tour. What paperwork do I need?
You need full export, import and re-export permits for each country. Your main problem is going to be proving that the materials used on your particular guitar were harvested and legally exported/imported prior to June 1992. If you cannot produce such evidence, your application for CITES permits will be refused. You should contact the manufacturer to see if they can be of any assistance in providing the necessary evidence.
I have a late 19th Century violin bow with original ivory and tortoiseshell fittings. What documentation is needed if I with to travel with this bow?
You need a permit but will qualify for this as the item is over 100 years old, and is therefore classed as an antique (but note that not all countries allow any antique exemption, in which case full CITES import and export permits will be required). You must be prepared to document the age of the bow adequately. In this context, a sworn affidavit from a recognised specialist appraiser or expert (their credentials need to be beyond reproach, and clearly stated) is usually regarded as “adequate”. A scribbled note or receipt is not considered adequate. This evidence must accompany your application for the relevant certificate. Note that if the items has been repaired or modified with “new” ivory or tortoiseshell it will not longer be able to claim an “antiques” exemption. Your expert or appraiser needs to be able to confirm that no such repairs or replacements have taken place.
My guitar is made of Honduras mahogany. Do I need a permit?
Not at this time. Only logs, boards, plywood and other materials in a “raw” un-worked state currently require CITES import and export permits.
I have head about an exemption for “personal effects”, what can you tell me about this?
Worked ivory legally possessed in the United States can be re-exported and re-imported by US residents only as accompanied personal effects; HOWEVER, most other countries do not recognize this exemption, so you still need the permits. In the absence of the correct permits, the country you are visiting could seize the item. One case where this actually happened concerned a piano imported into New Zealand. This case also revealed just how differently various countries interpret and implement such exemptions.
What happens to items seized by customs? Can I buy them back? Will I get them back if I pay the fine?
No. They are often donated to museums or used in public displays to educate travellers about the risks of travelling with endangered species products without the required permits. You may see displays like this at many large airports. In some cases, seized items are destroyed.