Item containing ivory withdrawn from auction

Intervention from Born Free prevents the sale of an item containing a higher percentage of ivory than the Ivory Act allows.

A selection of items carved from ivory, including elephant ornaments, laid out on a blue cloth

A selection of items carved from ivory – auction item in question not pictured

Born Free wishes to congratulate the Animal and Plant Health Agency (APHA) for their prompt action in withdrawing the Certificate permitting the sale of a Ferdinand Preiss figurine from the EWB Auction in Sheffield on Tuesday 28 January 2025, having, upon further examination, confirmed that the item contains at least 30% more ivory than would be permissible under The Ivory Act’s de minimis exemption.

Born Free, which actively monitors ivory sales across the UK, brought this to the attention of APHA, which had originally issued the Certificate under the ‘de minimis’ exemption which allows items made before 1947 and containing less than 10% ivory by volume to be traded. Following Born Free’s intervention, APHA withdrew the certificate, following a re-evaluation of the item.

The swift decision to fully uphold the law is warmly welcomed, confirming to vendors and auction houses that APHA will act swiftly and resolutely, when required to do so.

This came on the day the extension to the ivory-bearing species covered by the Ivory Act 2018 was brought into force, meaning that not only elephant ivory, but ivory from hippo, narwhal, sperm whale and orca will now also be included.

Commenting on the news, Dr Mark Jones, Head of Policy at Born Free stated: “Following our enquiry about this item, APHA has acted effectively to uphold the law and not to allow its provisions to be loosely interpreted. However, we believe that the burden of proof should rest with vendors and auction houses to prove that any items containing ivory that they offer for sale meet the criteria set out in the Ivory Act.

“While Born Free will continue to play an active role in monitoring the implementation and enforcement of the Act, it should not be the responsibility of charities and third parties to ensure those wishing to profit from the legal sale of ivory are acting within the law. Any vendor or auction house found to be breaking the law should be subject appropriate penalties.”

Born Free will continue to work with the relevant officials responsible for the implementation of the Ivory Act to discuss what further safeguards can be put in place to ensure items containing more than 10% ivory by volume cannot be legally sold.

The sentiments attributed by EWB Auctions to the CITES representative they spoke to do not reflect the experience of Born Free who have enjoyed a constructive dialogue with officials on the need to secure full compliance with the letter and intent of the Act.


 

The full statement by EWB Auctions and a description of the item follows:

STATEMENT FROM EWB AUCTIONS

It is with great regret that this wonderful Ferdinand Preiss bronze and ivory figure has had to be withdrawn from this auction. We were surprised at the late notification yesterday having had extensive consultation with Cites prior to cataloguing in November 2024. At that time the figure was given a Cites reference number, allowing for the item to be sold at auction.

The Cites representative stated to EWB Auctions that they are here to help not prevent the sale and that the figure is only marginally over the 10% legal threshold. Permission was granted.

However due to another auctioneer, we have had to remove this item from sale. This is not good for anyone concerned especially the deceased estate, the art market or for any future borderline ivory and bronze figures.  We do apologise profusely to all of the potential bidders as this is a great shame for all.

Ferdinand Preiss (1882-1943) cold painted parcel gilt bronze and ivory, Spring Awakening, the allegorical female stands with silvered blue drapery flowing from her outstretched arms, octagonal onyx base, signed in the maquette, F. Preiss, 37cm high, c.1925 Cf: Victor Arwas, Art Deco Sculpture, London, 1992, pp. 184-185 See also: Bryan Catley, Art Deco and other Figures, Woodbridge, 1978, p. 252 and F.M. Ricci (ed.), Isadora Duncan, Paris, 1979, pp. 72-73 The classical appearance of this figure attests to new developments in dance in the early twentieth century, in particular the impact of Isadora Duncan’s methods whose focus on freedom of movement with a deliberate return to flowing classical dress revolutionised the modern dance movement. Also known as Invocation, Spring Awakening was marketed in the 1930s in London by the Phillips & MacConnal Gallery of Fine Arts at 16 Conduit Street where it was sold for 21 guineas. This item is offered for sale in accordance with the Ivory Act 2018 and has been assigned an exemption certificate, Ref. No 8V5UL7VE.