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If you think your item qualifies for exemption as a pre-1918 item of outstandingly high artistic, cultural or historical value, you can apply for an exemption certificate using the Declare ivory you intend to sell or hire out service.

To meet the pre-1918 outstandingly high artistic, cultural or historical value exemption, you need to demonstrate that your item was made or existed before 1918 and has outstanding artistic, cultural or historical value.

This exemption is designed to be narrow and apply only to those items that are significant to wider society. It does not consider any personal, sentimental or financial value that may be attached to an item.

You cannot deal (buy, sell or hire) in items containing or made of elephant ivory under the Ivory Act 2018, unless they are:

• registered under a standard exemption
• certified as a pre-1918 item of outstandingly high artistic, cultural or historical value

Assess whether your item meets the pre-1918 outstandingly high artistic, cultural or historical exemption

To find out if an item was made or existed before 1918, you need to assess its age.

To help you decide if an item may be of outstanding high artistic, cultural or historical value, you should consider 2 factors:

• whether the item is rare
• the extent to which the item is an important example of its type

You only need to demonstrate one of these factors to meet this condition, but if you have evidence to support both factors then you should submit this information as part of your application.

Whether your item is rare will likely depend on:

• the estimated number of similar items that exist, including how many are in the UK
• how unique the item is, which may include distinctive or unusual features or historical adaptations

Whether your item is an important example of its type may depend on:

• artistic or aesthetic quality it is of particularly high quality or by a named artist, school or studio
• craftsmanship it is particularly well-crafted or shows a specific, notable form of craftsmanship
• condition of the item it is in pristine or much better condition than similar items of its type
• its significance it is an integral part of a noteworthy collection, for example, an artistic collection put together by a well-known individual
• noteworthy provenance it is closely associated with a specific individual or event, for example, it was once owned by a well-known historical figure
• significant historical context it is closely associated with a specific historical, artistic, social, cultural, religious, scientific or technological development
• significant geographic context it is closely associated with a specific place or region
• previously recognised status the status of the item has been recognised, for example, it has received a prestigious award, been recognised as a national treasure (by meeting the Waverley Criteria) or been part of a noteworthy exhibition

You should support your application with an explanation and evidence of why you believe the item is, either or both:

• rare
• a most important example of its type

Each item is assessed by recognised experts from a prescribed institution who will advise the Animal and Plant Health Agency (APHA) on whether an exemption certificate should be granted. It is expected that a very high threshold will be set to decide whether an item meets these criteria.

What to include in your application

In your application, you will need to include information about how the item meets the exemption criteria and provide supporting evidence.

Description of the item

You must provide a detailed description of the item and any distinguishing features. In your description, you should also provide background information about the item and its provenance, including:

• where and when it was made
• the artist, or maker
• the items artistic style

Explanation on why the item meets the exemption

You must explain why the item meets the exemptions criteria of being rare, an important example of its type, or both. You should provide evidence that supports your explanation.

For example, you could explain if the item has been displayed in a museum, cited in an academic work, or give evidence of its provenance or historical associations.

You should attach any documents that support your application.

Photographs of the item including any distinguishing features

You must provide a photograph of the item that shows any distinguishing features. When the photograph shows only part of the item, you must also provide a photograph of the entire item.

Your photographs should:

• be recent
• be clear
• be in colour
• show the item from different angles

Unless they support your application, avoid submitting black and white photographs, or photocopies of photographs or brochures, of the item.

Your application will be assessed based on the information and supporting evidence you provide. It is your responsibility to make sure your application:

• is clear
• is complete
• is accurate
• demonstrates how the item meets the criteria for this exemption
• provides all supporting evidence

If there is insufficient information or explanation as to how your item meets the criteria, APHA may decide to refuse an exemption certificate.

As long as youve taken all reasonable steps to find out, you can answer no to the below questions in the application process if you do not know whether your item:

• already has an exemption certificate
• has a revoked exemption certificate
• has a previous application for an exemption certificate

If youre able to provide a reference number for a previous unsuccessful application or a reference number for a revoked exemption certificate relating to the item, APHA will send the new application to a different expert, if one is available.

What happens after you apply

If your application is complete and the information submitted meets the requirements of the Ivory Act 2018, APHA will refer your application to an expert assessor at a prescribed institution. APHA will determine which institution to refer it to for advice based on the type of item.

However, if APHA consider that your item clearly does not meet the exemption criteria, they may decide that it does not require expert assessment and refuse your application.

The prescribed institutions are all accredited museums with significant experience of working with ivory. They represent a range of specialisms consistent with the range of ivory items likely to be covered by this exemption.

The prescribed institutions are:

• the Ashmolean Museum of Art and Archaeology
• Glasgow Museums
• the Horniman Museum
• Manchester Museum, the University of Manchester
• the National Maritime Museum
• National Museums Scotland
• the Royal Armouries Museum
• University of Cambridge Museums
• the Victoria and Albert Museum

After reviewing your application, the expert may decide that a physical inspection of the item should be made. In this case, APHA will contact you to make the arrangements.

After the assessment, APHA, acting on behalf of the Secretary of State, will decide, taking into account the expert advice, whether or not to award the exemption certificate. If your application is unsuccessful, we will tell you why. The item can only be legally sold or hired out once it has been awarded an exemption certificate.

APHA will aim to let you know the outcome of y

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