The original Lacey Act dates back to 1900, and its purpose is to help prevent the trade of wildlife, plants, and plant products (including timber) that has been illegally taken, held, transported, or sold. The Lacey Act and its various amendments make it unlawful to import certain products without an import declaration.

What should importers know?

When you import plant products or items that contain plant products, you must provide an import declaration confirming that those plant products were legally harvested.

Since 2009, APHIS has been gradually phasing in the declaration requirements for more and more products, and is currently preparing for Phase VII. You can read about the latest Declaration Implementation here. There you can also find out which products currently require a declaration.

The following products do not require a Lacey Act declaration:

A declaration is also not required if the plant material in a product represents no more than 5% of the total weight of the individual product unit, provided the total weight of the plant material in an entry of products in the same 10-digit tariff provision does not exceed 2.9 kilograms.

Note: Plants and plant products protected under U.S. laws or international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Endangered Species Act, or any state law that provides for the conservation of indigenous species under threat of extinction must always be accompanied by a declaration if listed on the implementation schedule.

How to submit a Lacey Act declaration

There are two ways to electronically file a declaration:

  1. Automated Commercial Environment (ACE) – The primary method for filing Lacey Act declarations is through ACE. This automated system allows you to electronically file the data required by U.S. Customs and Border Protection (CBP) and its partner Government agencies, including the APHIS Lacey Act Program.
  2. Lacey Act Web Governance System (LAWGS) – You can also file the Lacey Act declaration through LAWGS, APHIS’ web-based system for importers who would otherwise file a paper declaration. Importers who are using ACE to file customs information and LAWGS to submit a Lacey Act declaration must indicate in ACE that they are filing their Lacey Act declaration through another method.
  3. Mail in a paper declaration – If necessary, you can file a paper declaration using PPQ Form 505.

To stay informed on import legislation and important updates, connect with a customs broker.

The Fish and Wildlife Service has made several amendments to the Convention on International Trade in Endangered Species (CITES) Appendix I and II, which deals with the import and export of wild animals and plants into and out of the US.

The majority of the amendments will take effect on Feb. 23, 2023. Any specimens of these species imported into, or exported from, the United States on or after February 23, 2023 will require CITES documentation issued in accordance with the adopted amendment.

Appendices I, II and III are lists of species afforded different levels or types of protection from over-exploitation.

Appendix I lists species that are threatened with extinction. All commercial importing of the species on this list is prohibited. (Rare exceptions apply, such as for scientific research.)

Appendix II lists species that are not currently threatened with extinction but may become so unless trade is closely controlled through permits and certifications.

Appendix III (which is unchanged in this amendment) is a list of species included at the request of a country that already regulates trade in the species and that needs the cooperation of other countries to prevent unsustainable or illegal exploitation.

Species added in Appendix I

Species added to Appendix II

Species moved from Appendix I to Appendix II

Species moved from Appendix II to Appendix I

Importers can find the official CITES Notification at Notification No. 2023/005.

To stay informed on import news and other important updates, stay connected with a customs broker.

Image credit: cites.org