Whether it is legal or illegal might be determined by how you play and when. On the other hand, it might be determined by a government agency.
Chances are that your instrument was constructed using a variety of plant and animal species. In a typical guitar these materials might originate from four different areas of the planet.
In today's world it has never been more important to luthiers and instrument owners to know where their woods, inlay materials and even pickguards originate and that proper consideration was taken while acquiring those materials.
Countries around the world have come together to recognize that raw materials from some countries have been and are currently being exploited.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora commonly known as CITES is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
Lately a U.S. law called 'The Lacey Act' has received a great deal of attention in the luthier community. The Lacey act combats trafficking in "illegal" wildlife, fish, and plants. The 2008 Farm Bill, effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products. The Lacey Act now, among other things, makes it unlawful, beginning December 15, 2008, to import certain plants and plant products without an import declaration.
The penalty for being found out of compliance ranges from Criminal felony fine ($500,000 or twice the maximum gain/loss from the transaction) with possible imprisonment of up to five years and forfeiture of the goods to a civil penalty fine of $250 and possible forfeiture of goods.
One method to limit your personal and business liability is to practice "Due Care". Due Care includes asking questions, having a compliance plan, following industry standards, keeping records and changing in response to practical experiences. More information can be found in the APHIS Lacey Act primer.
The GreenerLuthier.com reporting system is one step in the 'Due Care' process and will help luthiers and instrument owners keep records of each part of an instrument and make the information available to law enforcement or future customers when necessary. As a beneficial side effect, in case of theft, a detailed record of the instrument can be made available instantantly to law enforcement, smart phones, and anyone connected to the web.
Questions or comments? Please contact us.