Transcript Presentation title slide - 42 pt Times New Roman, White

Amendment to the Lacey Act
November 13, 2008
Like Minds Think A Like!
 Will my overseas partners understand the importance of
providing the required information needed to make a proper
declaration under the amended Lacey Act?
United Kingdom
United States
Poland
Greece
Ireland
What is the Lacey Act
 The Lacey Act, first enacted in 1900 and significantly amended in
1981, is the United States oldest wildlife protection statute.
 The act combats trafficking in “illegal” wildlife, fish, and plants.
 The Food, Conservation, and Energy Act of 2008, also known as
“The Farm Bill”, effective May 22, 2008, amended the Lacey Act by
expanding its protection to a broader range of plant and plant
products.
 The act as amended is designed to stem the flow of goods made from
illegally harvested wood and document the foreign sources of woodbased products to help with compliance and target conservation
efforts at affected areas.
Scope of the Amendment to the
Lacey Act
 Prior to the recent amendment, the Lacey Act did not apply to
all international traffickers of plants including timber and
associated wood products.
 The Lacey Act now makes it unlawful to import, export,
transport, sell, receive, acquire, or purchase in interstate or
foreign commerce any plant (includes roots, seeds, parts, and
products thereof, including trees), with some limited
exceptions, taken in violation of the laws of a U.S. State,
federal, American tribal, or any foreign law that protects plants.
 The Lacey Act also makes it unlawful to make or submit any
false record, account or label for, or any false identification of,
any plant.
Responsible Government Agencies
 The Department of Agriculture, Animal and Plant Health
Inspection Service, (USDA/APHIS) is the agency responsible
for the rulemaking.
 Customs and Border Protections (CBP) has been granted the
authority to enforce the statute at ports of entry.
 The USDA/APHIS is working with a large interagency group
composed of representatives from U.S. Forest Service, CBP,
U.S. Trade Representative (USTR), U.S. Department of State,
U.S. Fish and Wildlife Service, Council of Environmental
Quality, and the Department of Commerce to implement the
new provisions.
Complying with the Requirements
Under the Amended Lacey Act
 As of December 15, 2008, importers are required to submit a
declaration at the time of release for certain plants and plant
products. The declaration must contain, among other things, the
scientific name (genus and species) of the plant, value of
importation, quantity of the plant, and the name of country of
origin from which the plant was harvested.
 However, this requirement will be phased-in slowly, with the
initial commodities (classified in Chapters 44 and 6: wood,
articles of wood and live trees, plants, bulbs etc.) requiring a
declaration no earlier than April 1, 2009.
Compliance with the Lacey Act
Continued
 As of April 1, 2009 CBP is expected to complete the necessary
changes to automated systems to capture the declaration
information electronically and avoid the need for a paper
declaration.
 Due to the scope and significant impact of the new
requirements (up to 80% of importations), affected products
classified under the remaining chapters of the Harmonized
Tariff Schedule (HTS) shall be phased in over time.
Violations of the Lacy Act
Violations of the Lacey Act provisions may be prosecuted in
three basic ways:
1) Civil- monetary penalties.
2) Criminal-fines and penalties and potential incarceration; or
3) Forfeiture
 No agencies with Lacey Act enforcement authority will bring
prosecution or forfeiture actions before the electronic system
for data collection is available (April 1, 2009 or after).
 A notice will be published in the Federal Register announcing
the specific dates in which enforcement of the declaration
requirements will begin once the electronic system is near
completion.
Additional Information
 Web Sites
 www.cbp.gov
 www.aphis.usda.gov
 Local Contact at JFK Airport
Robert Redes, Assistant Chief Trade Branch C
718-487-2642
Our Mission
We are the guardians of our Nation’s borders.
We are America’s frontline.
We safeguard the American homeland at and beyond our borders.
We protect the American public against terrorists and the instruments of terror.
We steadfastly enforce the laws of the United States while fostering our nation’s
economic security through lawful international trade and travel.
We serve the American public with vigilance, integrity and professionalism.