Israel’s wildlife fur compliance regime
Omer Wagner
The import of furs of wildlife into the State of Israel is under a strict supervision of the Nature and Parks Authority (Nature Authority), which is department of the Israeli Ministry of Environmental Protection. This is part of a larger issue of importing animals or parts of them, but in this article, we will focus on the import of furs into Israel. It’s an interesting example, which we believe is not common elsewhere, due to a very specific piece of Israeli law. This law forbids importing wildlife fur, unless they meet the conditions of one of a very few exceptions. One of the key exceptions is fur for religious purposes.
The Israeli Customs Authority, which is authorized to supervise imports, serves as the Nature Authority long arm to check the compliance of imports when a shipment containing animal fur arrives in Israel.
CITES convention – general
The Israeli law and regulations apply (with certain changes) the Convention on International Trade in Endangered Species of Wild Fauna and Flora (known as CITES), signed in the USA in 1973. Most of the countries of the world are members of the convention – including Israel, which signed in 1979. The EU signed in 2015.
The Convention divides wildlife into three groups, which are distributed across three Appendices to the Convention [1]:
- Appendix 1: species threatened with extinction. Trade in these goods must be strictly regulated and such must be allowed only in exceptional circumstances. This appendix includes, for example, gorilla, chimpanzee, tiger, jaguar, cheetah, Asian elephant, rhinoceros, and more;
- Appendix 2: species that are not currently threatened with extinction but trade in them may lead to such outcome. This appendix includes, for example: giraffe, types of wolves, parrots;
- Appendix 3: species where trade needs to be regulated in order to prevent exploitation. This appendix includes, for example: dog, buffalo, types of elk, and more.
Some wildlife species are not listed in any of the appendices of the Convention. There are also certain concessions for personal/ non-commercial importation of animals.
Article 14(1) of the Convention permits the states to adopt a stricter enforcement regime than the Convention. The State of Israel adopted a stricter regime regarding fur.
Israeli regulatory regime for importing wildlife and their parts – annual trading permit
Israel has enacted laws which regulate the trade in any wildlife, whether mentioned in appendices 1-3 to the convention, or not. So, Israel goes beyond the convention and regulates trade in species not covered by it.
The Wildlife protection law (Law) states that ‘a person shall not trade in wildlife except by a general or special trading permit’. ‘Wildlife’ is defined in section 1 of the Law as ‘mammal, bird, reptile or amphibian, or any part thereof, or its offspring’ [2]. In other words, trade in a wildlife is defined broadly and also includes products that contain a part of an animal (tail, fur, etc.).
Such extension to parts of animals also exists in Article 1(b)(ii) of the CITES Convention. Trade in wildlife is defined in Section 1 of the Law as “including purchase, sale, export, re-export, import”. That means that trade includes both import and sale in Israel and such activity requires the issuance of a trading permit.
It is important to note that trading fur without having a valid trading permit constitutes a criminal offense (under section 14 of the Law) which is punishable by imprisonment or a fine. The basic fine is 730 NIS (~175 Euro) but it depends on the nature of the offense, circumstances and whether it is a repeated offense or not.
The importer is required to obtain a trade permit once a year and renew it when it expires. The cost of a trade permit is 1,016 NIS (~250 Euro) per year. The fee is occasionally updated under section 12c(a)(4) of the Wildlife protection regulations (Regulations) [3].
Israel has also declared all species of wildlife listed in appendices 1-3 to the CITES convention, as ‘protected natural value’.
Import permit for each shipment
In addition to an annual trading permit, the importer is also required to obtain an import permit for each shipment that must be presented to customs before release [4]. The cost of an import permit ranges from 101 to 406 NIS per permit (~25-100 Euro) depending on the wildlife species. CITES convention appendix 1 list results in most expensive permit. Permits for species outside the convention are less expensive.
If a shipment arrives in Israel without a valid import permit it is considered a criminal offense. The shipment may be confiscated, destroyed, returned abroad. Alternatively, the importer may try to request a permit retrospectively and pay a fine. This is not recommended and there is no certainty that the Authority will issue a permit. Also here, the basic fine for each shipment is 730 NIS (~175 Euro) but this amount may increase depending on circumstances.
Reducing fur imports in Israel – amending legislation from 2021
In 2021, Israel decided to amend the Regulations and inserted a new section 12B(4) which sets a conditions for giving permits as follows: ‘If the permit is to trade in the wildlife fur or a product contains fur, a permit will be granted only for the purposes of religious tradition, scientific research, education or teaching, supervision and enforcement, or a personal item which was inherited’ [5]. This amendment reduced the possibility of importing wildlife fur to Israel. It set a general prohibition for trading in fur and allows fur only for one of these exceptions.
The State of Israel adopted a stricter regime than that stipulated in the CITES convention, regardless of the question which wildlife the fur came from, and whether the wildlife was included in appendices 1-3 to the CITES Convention.
For example, the import of fur coats for women or men, or the import of fur for the purpose of manufacturing such coats, is not permitted in Israel, since the fur does not fall into one of the exceptions. On the other hand, the import of fur for the purpose of making a Shtreimel, a Jewish hat used in the ultra-orthodox groups will be allowed (with a permit), since it is for a religious tradition.
In practical terms, the import of fur is apparently classified under code 4301 of the HS convention: ‘raw fur skins (including heads, tails, paws and other pieces or cuttings, suitable for furriers’ use)’ [6].
Case studies in Israel
The author dealt with a number of cases concerning the importation of wildlife fur into Israel, for the purpose of making a Shtreimel hat (for religious purposes). In some cases, a dispute arose as to whether it was the fur of a mongoose, a fox (animals that seem to be listed in the appendices of the CITES convention) or whether it came from a sable (not listed in CITES). After documents were submitted about the origin of the animal and sent for inspection by the Ministry of Agriculture, a permit was issued and the shipment was released. In some cases, the author arranged a trading permit and import permit retrospectively for importers who imported fur without permits at all.
Since the imported fur must serve religious purposes, the Nature Authority demands every importer to sign an affidavit confirming it is for religious purposes. These statements can be occasionally investigated post importation.
Concluding notes
As we have seen, the import of wildlife furs to Israel is under a strict supervision. The interpretation seems to be narrower than under the CITES convention. Fur is forbidden in Israel, unless it falls under one of specific exemptions.
When the customs authority finds a shipment containing fur it will require a valid import permit from Nature Authority in order to release the shipment. An importer who does not hold an import permit, as well as an annual trading permit, will see their shipment stopped, confiscated or destroyed. The importer may be subject to sanctions and fines and also subject to a criminal investigation.
Therefore, fur importers are advised to arrange a trading permit and an import permit in advance in order to avoid unpleasant surprises.
Customs brokers are also advised to check whether shipments containing wildlife fur, have permits. If not, the customs broker should alert the importer before attempting to clear the goods.
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[1] Checklist of CITES Species
[2] Israeli Wildlife Protection Law (1955), Section 8(a)(1)
[3] Israeli Wildlife Protection Regulations (1976)