Andrew Banks, partner at the law firm Stone King, said a magistrate’s decision to fine Christie’s £3250 for trying to sell a banned ivory and kutch silver trophy – and a similar case regarding ‘unworked’ ivory in Scotland – had implications for the whole industry.
He suggested that the laws need rethinking.
Banks told ATG: “If a large and reputable organisation such as Christie’s is having difficulty in complying with the CITES regulations, then what hope is there for many smaller auction houses and antiques dealers?
“They risk fines simply for making an honest mistake. Maybe it’s time for reconsideration of the way the regulations are applied.”
Christie’s admitted the charge of offering a banned item at Hammersmith Magistrates Court on May 23 but said it was “an isolated incident”. A statement sent to ATG read: “Our ongoing responsibility is to ensure that illegal ivory cannot be sold at Christie’s, and as part of this we have a robust training programme in place that is regularly reviewed.”
Ivory and silver trophies such as this are prohibited to sell on the grounds that they are now considered ‘unworked’. Lot 162 in Christie’s South Kensington sale of April 28, 2015.
Under revised EU guidance relating to CITES issued in 2013, uncarved ivory tusks with metal mounts like the one at Christie’s no longer qualify under the ‘worked item’ rules.
The rules exempt most antiques from trade restrictions providing they were significantly altered from their natural state before June 1947. It is illegal to sell unworked elephant ivory of any age under CITES rules.
Banks said: “The protection of endangered species is a serious issue. But the prosecution of reputable businesses which have made administrative errors when selling antique specimens containing parts of species that are long since dead, to my mind, detracts from the important business of prosecuting those who deliberately flout the law.”
Christie’s said: “This was an isolated incident and we believe that the honourable response was to accept the charge as made.”
The case comes as another firm has been fined for breaching CITES regulations. South Lanarkshire auctioneers LS Smellie and Son were fined £1500 earlier this month for offering three items of unworked ivory for sale last year.
