RESTRICTED: Importing ivory products into China is illegal without permission (XINHUA)

In the important area of wildlife protection and trade in ivory products (see our story in China Report), China has extensive regulations that clarify the country' s position on these issues. Below are three of the key laws currently in place:

Protecting Wildlife

China has long been aware of the importance of wildlife to the ecological environment and the human connection. As early as March 1, 1989, the Law of the People's Republic of China on the Protection of Wildlife was formally put into force. It aims to protect rare and endangered wildlife, and maintain the ecological balance.

According to the law, not only the state and the governments at various levels, but also Chinese citizens are responsible for the protection of wildlife. No one can hunt wildlife or destroy their habitat illegally, and the sale and purchase of specially protected wildlife or their products are also prohibited.

In addition, the import or export of wildlife or their products, which is restricted by international conventions to which China is a party, must be approved by the related administrations.

At the same time, the law encourages rational scientific research on wildlife, and the state awards those who make outstanding achievements in the protection, scientific research, and domestication or breeding of wildlife. The law allows hunting wildlife that is under first- or second-grade state protection with special licenses issued by related administrations.

People can be held criminally liable for illegally hunting or killing, selling or purchasing, importing or exporting wildlife or their products.

Website: Ministry of Environmental Protection of China

www.mep.gov.cn

Unconscious Violation

In recent years, Chinese customs have intercepted large quantities of ivory and ivory products, some of which are brought into China by travelers without knowing that is illegal and therefore a violation of the law.

Generally speaking, most tourists buy local souvenirs when they travel abroad for their family members and friends. For Chinese people who visit Africa, delicate ivory handicrafts are much-prized souvenirs. Though being aware that ivory and ivory product trading are illegal, the travelers take it for granted that carrying several small-sized ivory products back to China is permitted.

In accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Customs Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Wildlife, both Asian and African elephants are under first-grade state protection of China, and importation of this species or their products are prohibited into China without the related certificate issued by CITES.

Besides elephant ivory, importation of hippopotamus ivory, rhino horn, turtle shell and coral or their products, and the fur of some animals like tigers, panthers and bears or their products is also regulated.

Website: General Administration of Customs of China

www.customs.gov.cn

Saving Elephants

In July 2008, the 57th Session of the Standing Committee for the CITES approved China to be an ivory trade partner after Japan, which means China is qualified to buy registered government-owned ivory stockpiles from Botswana, Namibia, South Africa and Zimbabwe.

As the trade partner, only the registered Chinese enterprises of ivory products can bid for the stockpiled ivory. Unregistered Chinese enterprises or individuals are forbidden to buy or sell raw ivory or ivory products in the countries of origin, or to carry the raw ivory or ivory products to China illegally.

In December 2008, the State Forestry Administration of China distributed a circular on enhancing the regulation and management of ivory and its products. The circular lays down legal requirements on all raw ivory and ivory products in stock, spot check registration of raw ivory and ivory processing and operating activities.

There are strict controls on new ivory processing enterprises and sales, according to the circular, including restricting the annual consumption and optimizing the use of raw ivory. It also aims to strengthen the self-regulation of the industry, improve the technique of making ivory products and collaborative law-enforcement mechanisms, as well as enhance publicity on conservation issues.

In addition, transporting, carrying and mailing ivory and ivory products to or from China is an offence. The ivory or ivory products that are not declared to customs, but not intentionally concealed will be confiscated. Smuggled products will not only be confiscated, but the people involved can face imprisonment depending on the seriousness.

Website: State Forestry Administration of China

www.forestry.gov.cn