[Dixielandjazz] Lacey Act 2008 and HR 3210, the RELIEF Act for travelling with instruments.

[Ulf Jagfors]

This is the latest information I have got concerning traveling in and out
from USA with your personal instrument with unspecified wooden material. It
seems that it most probably will be no problem but until there is an
official announcement that the HR 3210 Relief Act has been passed
legislation one should perhaps play safe. The situation for selling and
importing instruments seems still to be unclear, at least for me.

Ulf Jaegfors

On Nov 12, 2011, at 3:13 PM, Frank Rossi wrote:
Relief Act; For performer traveling with their instrument to perform, should
be no problem. Not sure if the relief act was passed.

Frank Rossi, Editor
The Resonator
P.O. Box 101025
Pittsburgh, PA 15237
 <mailto:theresonator at earthlink.net> theresonator at earthlink.net

 <http://www.theresonator.com> www.theresonator.com
____________________________________________________________________________
____________________________


October 19, 2011
The Honorable Jim Cooper United States House of Representatives Washington,
D.C.

Dear Representative Cooper,
We are writing today to thank you for introducing HR 3210, the RELIEF Act,
which is an important step toward addressing serious concerns about the
unintended consequences of the Lacey Act for individual musicians. The Lacey
Act, which was first enacted in 1900, was amended in 2008 making it unlawful
to import, transport, or sell products derived from illegally harvested
plants. The scope of the 2008 amendment included musical instruments made of
wood or any other plant materials and applies to individual musicians who
possess or travel with their personal instruments for the purpose of
performing. We will be calling on Congress to immediately pass the RELIEF
Act and to see that the United States protects domestic and international
cultural activity while supporting responsible conservation efforts.


The American Federation of Musicians of the United States and Canada (AFM)
is the largest organization in the world dedicated to representing the
interests of professional musicians. The AFM's more than 85,000 members
perform all styles of music, including symphonic, jazz, rock, hiphop, and
country. Founded in 1942, and chartered by Congress in 1962, the League of
American Orchestras' membership encompasses nearly 1,000 symphony, chamber,
youth, and collegiate orchestras of all sizes, and links a national network
of thousands of instrumentalists, conductors, managers, board members,
volunteers, staff members, and business partners.

Individual musicians from all regions of the country and orchestral groups
of all budget sizes perform domestically for U.S. audiences and travel
abroad to present their music to the world. By inviting foreign musicians to
perform, orchestras and other presenters provide American audiences the
opportunity to experience a diversity of musical talent. When traveling
abroad, America's musicians are ambassadors for American culture, sharing an
artistically rich musical experience and reaching across borders to build
lasting international partnerships. Every day, American musicians perform
throughout this country and represent a significant portion of the U.S.
cultural workforce.


We are concerned that lack of clarity in the 2008 Lacey Act amendment and
its subsequent administration and enforcement may result in delays in
travel, unnecessary fees and burdensome paperwork, and the forfeiture of
personal musical instruments. Musicians who possess and travel with their
instruments, especially vintage instruments, are concerned that they will be
subject to documentation requirements, criminal liability, and confiscation
of valued personal tools of their trade.


It is unclear whether musicians are expected to provide complete
documentation of the scientific name and country of harvest for any wood or
other plant materials in their instruments when traveling. This is an
impossible burden for many musicians who are unable to trace every piece of
their instrument back to its origins, particularly if the instrument was
manufactured prior to the implementation of the 2008 Lacey Act. The U.S.
Department of Agriculture's Animal and Plant Health Inspection Service
(APHIS) guidance and Form PPQ 505 should clearly state that personally owned
instruments in the possession of musicians traveling to or from the United
States are not subject to declaration requirements. This action should be
taken by the
Administration immediately. Passage of the RELIEF Act would ensure that the
documentation requirements only apply to items imported only for commerce.


Musicians fear that even if the possession or travel with an instrument
containing wood covered by the Lacey Act is committed "unknowingly" and
after "due care" has been exercised in complying with applicable laws,
musicians will be subject to criminal liability and/or the forfeiture of
their instrument. A September 19, 2011 letter from the Department of Justice
to Congressional leaders states that, "people who unknowingly possess a
musical instrument or other object containing wood that was illegally taken,
possessed, transported or sold in violation of law and who, in the exercise
of due care, would not have known that it was illegal, do not have criminal
exposure." Additionally, the U.S. Fish and Wildlife Service has issued a
public statement clarifying that "People who, despite exercising due care as
consumers, unknowingly possess a consumer product, like a musical instrument
or other object containing wood that may have been illegally obtained do not
have criminal exposure." While we appreciate these statements, they do not
specify that individuals possessing a musical instrument are exempt from
forfeiture. And, as a written statement of intent, they do not carry the
force of law. Passage of the RELIEF Act would ensure that individuals owning
products manufactured before 2008 are exempt from criminal penalties,
forfeiture, and declaration requirements.


Even in the case of instruments manufactured after 2008, it is impossible
for a musician to verify the exact species, country of origin, and method of
harvest for each type of wood used in the making of a musical instrument.
The protections for those unknowingly possessing instruments with wood
covered by the Lacey Act are too limited, and could result in a chilling
effect on musical activity in the United States. The RELIEF Act would
institute a reasonable "innocent owner" provision that will exempt musicians
from automatic forfeiture of instruments in the case of products
manufactured pre- or post-2008. We see this as an important first step to
addressing unintended liability for individual instrument owners and hope
that future further improvements to the Lacey Act will also offer statutory
protection from undue criminal and civil liability.


Musician's instruments are irreplaceable tools of their trade, and domestic
and international performances by musicians advance the national interests
of the United States. While we support the underlying goal of the Lacey Act
- preserving the world's protected forests - we believe that Congress and
the Administration can accomplish this goal while also ensuring that
international and domestic cultural activity and the workforce of U.S.
musicians are not unduly impacted. We support HR 3210 as an important step
toward clarifying and improving the Lacey Act and look forward to continued
work with Congress on this issue.


Sincerely,
Raymond M. Hair, Jr. President, American Federation of Musicians
Jesse Rosen President and CEO, League of American Orchestras