Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014 - Amends the African Elephant Conservation Act to make it a policy 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.
Deems the identification of a country by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Standing Committee as a significant source or transit or destination point for illegal ivory trade to be a certification under the Fishermen's Protective Act of 1967 authorizing the President to prohibit the importation of such products from the offending country.
Directs the President, within 30 days after receiving a certification, to enter into consultations with the offending country to obtain an agreement that terminates all illegal ivory trade into, out of, or within that country.
Requires the President, if such consultations are not concluded within 90 days or if the country refuses to enter into consultations, to direct the Secretary of Commerce to prohibit the importation into the United States of wildlife, fish, and plant products from that country until the earlier of:
Directs the Secretary, within 180 days after the prohibition, to determine whether:
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5454 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5454
To amend the African Elephant Conservation Act to provide for trade
sanctions against countries involved in illegal ivory trade, and for
other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Use of Sanctions for
Killing Elephants in Their Range Act of 2014''.
SEC. 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.
SEC. 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.''.
SEC. 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.''.
SEC. 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.''.
SEC. 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)).''.
SEC. 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:
``SEC. 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.
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Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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