[WolfeMacleod]

hmmm... it goes on...

For example, if the replacement nut on your guitar was fashioned from fossilized mammoth ivory (more than 10,000 years old) but was formed into a guitar nut in January of 1993, for CITES purposes the nut was built in 1993 and is therefore a controlled material. You're exemption is not dependent upon, in this case, your certifying the age of the mammoth ivory. Rather, you must certify that the protected material was "manufactured" into your instrument before the cutoff date. If your instrument has a serial number you may want to check with its manufacturer to see if they can assist you in providing documentation to qualify for the exemption.

Border agents have broad authority to seize and confiscate whatever they suspect to be covered by the Endangered Species Act or CITES. While some such agents may have a pretty good understanding of musical instruments, some may not. Remember, these agents are looking at everything from rhino horn aphrodisiac, to leopard skin rugs, to old Martin guitars. Whether or not you are allowed to pass through customs with your instrument may well depend upon the quality of your documentation and on how well you can explain and verify what your instrument is made of and when its various components were manufactured. If you are going to travel outside the US with an instrument that has any of the listed materials, it is recommended that you contact the USFWS for advice and direction before you go.

The U.S. government has reserved the right to seize musical instruments that it suspects do not comply with CITES or the Endangered Species Act. Importantly, the general rule is that once an agent seizes your instrument, you have to prove that the governmental seizure was improper in order to get it back. This can be difficult or impossible to do, particularly without the instrument! So, it is recommended that you have your paperwork in order before you go.

Also, photo document your instrument including all its component parts with close-up pictures. This is a good idea for insurance purposes in any event, or for recovering it if it is stolen, and can be critical in reclaiming an instrument improperly seized by customs. Remember, as well, that there is no procedure for a retroactive permit. If the government confiscates your instrument on reasonable grounds and you are without the proper paperwork, you are considered to have violated CITES and have no right to prove up the validity of your case with documentation after-the-fact.

In addition, there are only 14 ports of entry to the U.S. authorized to handle CITES imports and exports. If you are traveling to or from the U.S. with an instrument with controlled materials, be sure to exit and return through one of these ports of entry: Anchorage, Atlanta, Baltimore, Boston, Chicago, Dallas-Fort Worth, Honolulu, Los Angeles, Miami, Newark-New York, New Orleans, Portland, San Francisco or Seattle.

There are reports of instruments that have been seized and confiscated, so we know this is happening. Likewise, it has been reported that some U.S. dealers have stopped shipping instruments out of the country. Others report they have travelled with their instruments without problems. If you do plan to travel out of the country, we recommend you leave that vintage guitar or other vintage instrument at home and travel with a less expensive and clearly permitted instrument. If you simply must take that vintage instrument, then be prepared. Contact the U.S. Fish and Wildlife Service before you leave, obtain the necessary import and export permits, and if you believe you qualify for an exemption, be sure to have as much documentation and support for your exemption claim as possible.