Lacey – and More –
for Luthiers
A NAMM Public Affairs Webinar
Info: MaryL@namm.org
Call-in toll-free number
(US/Canada): 1-877-669-3239
Meeting Number: 809 495 947
Meeting Password: Lacey
Participants
• James M. Goldberg, NAMM
Government Affairs
• Mary Luehrsen, NAMM Public Affairs
What is the Lacey Act?
• 100-year-old law originally designed to
protect against illegal taking of wildlife
• Amended in 2008 (as part of the
omnibus farm bill) to cover plant
material, including wood
The 2008 Amendments
• Unlawful to import, export, transport,
sell, receive, acquire or purchase any
plant (including wood) that was taken
in violation of law
• Must file declaration (document) for
imports containing scientific name of
plant material, country of origin, value
of the product and quantity of the
plant
Who Enforces Lacey?
• Many government agencies involved,
including CBP, FWS, DoJ and USDA’s
APHIS (the lead agency)
• Good source for all things Lacey:
– www.aphis.usda.gov/plant_health/lacey_
act/index.shtml
Tell Me in Plain English
• Make sure imports were obtained
legally
• Make sure import documentation and
records are true and accurate
• Make sure an import is properly
declared
What About the Import
Declaration?
• Effective April 1, 2010, applicable to
HTS categories 9201 and 9202 (pianos
and other string instruments)
• Other instrument categories may
come later
Plant and Plant Product Declaration
Form (PPQ Form 505)
• Estimated date of arrival
• Entry number, container number, bill of
lading
• Importer name/address/
• Consignee name/address
• Description of Merchandise (w/HTS
number)
More PPQ Form 505
• Article or component
• Plant scientific name (genus and
species)
• Country of harvest
• Quantity of plant material
• Unit of measure
• % recycled material
• Signature under penalty of perjury
The Lacey Act “Adopts” Foreign Laws
For Products in Trade in the U.S.
•
•
Foreign laws that act as “underlying” violations
– Laws that generally “protects plants,”
– Laws that regulate:
• (I) the theft of plants;
• (II) the taking of plants from a park, forest reserve, or other officially
protected area;
• (III) the taking of plants from an officially designated area; or
• (IV) the taking of plants without, or contrary to, required
authorization
– Failure to pay appropriate royalties, taxes, or stumpage fees
– Laws governing the export or transshipment of plants.
Covers many of types of laws
– Illegal harvesting of timber in national parks
– Forgery of shipping documents
– Failure to pay taxes
– Transporting of timber at night in violation of a curfew designed to
combat illegal timber trafficking
Penalties Under Lacey Act
• Forfeiture
– Strict liability
– Forfeiture possible even if no knowledge of underlying violation
(e.g., that the timber was harvested illegally).
– Likely no “innocent owner defense” for goods whose possession
is illegal under the Lacey Act
– Vessels, vehicles, aircraft or other equipment used in the
commission of a Lacey Act felony are also subject to forfeiture
after a felony conviction
• Civil administrative penalties
– If defendant actually knew, or in exercise of due care should
have known, of violation of an underlying law, potential civil
penalty up to $10,000 per violation
– Government can argue lack of “due care” by showing that the
respondent is in the business
Penalties Under Lacey Act
• Fines and imprisonment
– If, in exercise of due care, should have known of the
underlying violation – misdemeanor prosecution
• Penalties of up to $100,000 fine ($200,000 for
organizations) and/or
• Up to one year imprisonment
– Knowingly engages in illegal trafficking, while knowing of
violation of underlying law – felony prosecution
• Penalties of up to $250,000 fine ($500,000 for
organizations) and/or
• Up to 5 years imprisonment
Practical Advice
• Do not confuse declaration
requirements with legality issues
– Legality requirements applies and
enforcement is possible regardless of
whether declaration is applicable
• Understand your sourcing
– Beware of deals that are “too good to
be true”
Lacey Does Not
• Does not apply to personal imports
• Does not apply to exports
• Does not require permits for
intrastate (within U.S.) shipments
• Does not apply to specific woods
Lacey Act Problem Areas
• Difficulty in identifying a single species for
many products
• Inability to identify any species for some
products (e.g., composites, paper)
• Need for de minimis provision
• Applicability to all products, regardless of
age (e.g., vintage guitars, antique
instruments)
What is NAMM Doing?
• Working with industry coalition to
identify problem areas and suggest
“fixes”
• Working with governmental
interagency task force
• Upcoming report to public and
Congress presents opportunity to
advocate legislative fixes
What Other Laws Apply?
• CITES (Convention on International
Trade in Endangered Species)
• Bans trade in certain listed species,
e.g., Brazilian Rosewood
• Can still export pre-1992 rosewood
products with permit from FWS
What Other Laws Apply?
• Endangered Species Act
• More stringent than CITES
• If species is listed (e.g., ivory, certain
abalone) a permit is required but
unlikely to be issued unless product is
more than 100 years old
• Applies to trade within U.S.
What Other Laws Apply?
• To import/export any product
containing fish or wildlife product
(e.g., shell), must file Declaration
– FWS Form 30177
– Found at FWS law enforcement web
Questions?
• For further information contact
MaryL@namm.org