H.R. 5454 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5454 IN THE HOUSE OF REPRESENTATIVES September 11, 2014 Mr. DeFazio introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the African Elephant Conservation Act to provide for trade sanctions against countries involved in illegal ivory trade, and for other purposes. 1. Short title This Act may be cited as the Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014. 2. Findings and purpose (a) Findings The Congress finds that— (1) poaching of African elephants has increased dramatically since 2006, and has reached levels that threaten the continued existence of many elephant populations; (2) poaching of African elephants is being driven by increased demand for ivory in Asia, which has caused ivory prices to rise exponentially in recent years; (3) high ivory prices have drawn organized criminal elements into the illegal ivory trade, and it is widely recognized that transnational crime rings involved in trafficking in drugs, guns, and humans are also responsible for trafficking in large quantities of poached ivory from Africa to Asia; (4) there is significant evidence that terrorist and insurgent groups in Africa, including groups with ties to al-Qaeda, are financing their operations through the sale of illegal ivory; (5) the elephant poaching crisis has become so severe, and the tactics of poachers so sophisticated, that traditional approaches to conservation law enforcement intended to protect elephants in their habitat in Africa are failing; (6) a number of countries that serve as major source, transit, or destination points for illegal ivory have proven unable or unwilling to stop the product from coming across their borders; and (7) strategies to reduce demand for ivory through education and other nonbinding means are necessary, but not sufficient, to conserve African elephant populations. (b) Purpose The purpose of this Act is to provide a means by which the United States can affect demand for and illegal trafficking of African elephant ivory in other countries by requiring those countries to enter into consultations with the United States to end the illegal ivory trade, as a condition of continued access to United States markets for other natural resource products. 3. Illegal ivory trade defined Section 2305 of the African Elephant Conservation Act (16 U.S.C. 4244) is amended by redesignating paragraphs (5) through (13) as paragraphs (6) through (14), respectively, and by inserting after paragraph (4) the following: (5) Illegal ivory trade The term illegal ivory trade means any sale, purchase, barter, transit, or exchange of raw ivory or worked ivory that was taken in violation of the laws of an ivory producing country or of international wildlife trade agreements, including CITES. . 4. Amendment to findings in African Elephant Conservation Act Section 2003 of the African Elephant Conservation Act (16 U.S.C. 4202) is amended by adding at the end the following: (10) Poaching and trafficking of wildlife has become a global crisis, funding organized criminal syndicates and terrorist organizations and harming elephant populations and local communities. African elephant ivory is at the center of this crisis, and immediate action is necessary to eliminate the demand for ivory and the profit incentive for poachers and traffickers. . 5. Statement of policy Section 2004 of the African Elephant Conservation Act (16 U.S.C. 4203) is amended— (1) by striking and after the semicolon at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and by inserting ; and; and (3) by adding at the end the following: (3) to prevent additional African elephant ivory from entering global commerce, and to reduce demand for ivory that is driving elephant poaching by limiting natural resources-related trade with countries whose nationals are engaged in illegal ivory trade. . 6. Certification under Fishermen’s Protective Act of 1967 Section 2202 of the African Elephant Conservation Act (16 U.S.C. 4222) is amended by adding at the end the following: (g) Certification Identification of a country by the CITES Standing Committee as a country of primary concern because it is a significant source or transit or destination point for illegal ivory trade is deemed to be a certification with respect to the country for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). . 7. Consultation and sanction (a) In general Part II of the African Elephant Conservation Act (16 U.S.C. 4221 et seq.) is amended by adding at the end the following: 2206. Consultation and sanction (a) Consultation Not later than 30 days after a certification with respect to the country under section 2202(g), the President shall seek to enter into consultations with the government of the country for the purpose of obtaining an agreement that will immediately terminate all illegal ivory trade into, out of, or within that country. (b) Prohibition on trade in related natural resources (1) In general If consultations with a government under subsection (a) are not satisfactorily concluded within 90 days or if a government refuses to enter into consultations, the President shall direct the Secretary to prohibit the importation into the United States of products of wildlife, fish, and plants from that country until the earlier of— (A) the date an agreement with the country under subsection (a) is finalized; or (B) the date the CITES Standing Committee finds that the country is no longer a significant source or transit or destination point for illegal ivory trade. (2) Public notice The Secretary shall publish public notice of any prohibition under this subsection not later than 30 days before the effective date of the prohibition. (c) Determination of effectiveness of sanctions Not later than 180 days after the effective date of a prohibition under subsection (b), the Secretary shall determine and report to Congress whether— (1) the prohibition is sufficient to cause the country to terminate illegal ivory trade into, out of, or within that country; and (2) that country has retaliated against the United States as a result of that prohibition. . (b) Countries identified before enactment In the case of a country that before the date of the enactment of this Act was identified by the CITES Standing Committee as a country of primary concern because it is a significant source or transit or destination point for illegal ivory trade and that the CITES Standing Committee continues to identify as such on the date of the enactment of this Act, the President shall seek to enter into consultations under the amendment made by subsection (a) by not later than 30 days after the date of the enactment of this Act.