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CITES question...
http://luthiersforum.com/forum/viewtopic.php?f=10101&t=49020
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Author:  meddlingfool [ Mon Feb 20, 2017 4:28 pm ]
Post subject:  CITES question...

As I understand it, only commercial exports require a permit?

If I sell a guitar to Joe in the USA, I need a permit. But, if I sell it to Tom across the street, who then gives it to Joe as a gift, Tom does not need a certificate.

Is that right?

Author:  J De Rocher [ Mon Feb 20, 2017 4:38 pm ]
Post subject:  Re: CITES question...

As I understand it, no export permit is needed for non-BRW rosewood or bubinga as long as no money exchanges hands across the border in association with the travel of the guitar across the border (aside from shipping costs).

Author:  Sankey Guitars [ Tue Feb 21, 2017 5:26 pm ]
Post subject:  Re: CITES question...

I'm pretty sure that to qualify for the personal item exemption, Tom would have to go across the border with the guitar. Legally speaking, he would also be required to bring it back home again too, although I suppose it's unlikely that anyone would check. He can't (legally) give it to Joe as a gift while he's there. Even if he did, Joe might run into trouble travelling with the guitar if the Cites rules get more restrictive in the future, since he wouldn't have a legitimate receipt.
And I'm also sure that it requires a permit even if no money exchanges hands. If the object in question is changing hands it's considered to be a sale, and even if it is intended as a gift, they'll want to see a nominal price and full paperwork.
I certainly wouldn't try it. I don't mess around with people who can seize my guitars and have them incinerated at will.

Author:  meddlingfool [ Tue Feb 21, 2017 7:02 pm ]
Post subject:  Re: CITES question...

Hmm. So weird that different rules can apply to the same object under different circumstances.

Author:  J De Rocher [ Tue Feb 21, 2017 7:58 pm ]
Post subject:  Re: CITES question...

Here is what the US regulatory agency had to say in their webinar in December regarding the exemption for "non-commercial exports of a maximum total weight of 10 kg per shipment" (for the US, the 10 kg applies to the rosewood and/or bubinga in the guitar) from the need for an export permit: (notice that gifts are considered as non-commercial shipments.)

Attachment:
Slide from US FWS CITES presentation.jpg

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