Statute Details
- Title: Endangered Species (Import and Export) (Display of Elephant Ivory — Exemption) Order 2021
- Act Code: ESIEA2006-OR1
- Legislation Type: Subsidiary Legislation (Order)
- Authorising Act: Endangered Species (Import and Export) Act 2006
- Key Provisions: Section 1 (Citation), Section 2 (Definition), Section 3 (Exemption)
- Current Version: Current version as at 27 Mar 2026 (per legislative status)
- Key Version Dates (Legislative History): 1 Sep 2021 (SL 651/2021); 1 Nov 2022 (amended by S 858/2022); 17 Dec 2025 (2025 Revised Edition)
What Is This Legislation About?
The Endangered Species (Import and Export) (Display of Elephant Ivory — Exemption) Order 2021 (“the Order”) is a targeted Singapore legal instrument that creates a narrow exemption relating to the public display of elephant ivory. In practical terms, it addresses a specific compliance question: when the Endangered Species (Import and Export) Act 2006 (“the Act”) restricts certain activities involving elephant ivory, does that restriction also apply to displays made for particular purposes?
The Order answers that question for one category of activity—display of elephant ivory to the public. It does not broadly legalise trade in ivory, nor does it create a general permission to import, export, or deal in ivory. Instead, it carves out an exemption from a particular statutory prohibition (identified by reference to section 4(1)(c) of the Act) where the display is for educational or religious purposes.
Accordingly, the Order is best understood as a compliance “safety valve” for institutions and individuals who need to display elephant ivory publicly in contexts such as museums, educational exhibits, or religious settings—while keeping the overall regulatory framework for endangered species and ivory trade intact.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument. While this is standard drafting, it matters for legal referencing in submissions, compliance checklists, and enforcement correspondence.
Section 2 (Definition of “elephant ivory”) is the core interpretive provision. It defines “elephant ivory” broadly and in a way that captures both raw and processed materials. Specifically, “elephant ivory” includes any tusk or tooth from:
- Elephas maximus (Asian elephant), or
- Loxodonta africana (African elephant),
whether the tusk or tooth is worked, unworked, or prepared, and also any part, powder or waste of that tusk or tooth.
For practitioners, this breadth is significant. It means that the exemption (and the underlying prohibition it modifies) is not limited to intact ivory items. It can extend to fragments, processed forms, and by-products. When advising clients, counsel should therefore treat “elephant ivory” as a wide regulatory category rather than a narrow one.
Section 3 (Exemption from section 4(1)(c) of the Act) is the operative clause. It states that section 4(1)(c) of the Act does not apply to the display of any elephant ivory to the public for educational or religious purposes.
This drafting technique—an exemption by reference to a specific provision of the Act—signals that the exemption is not an independent regime. Instead, it modifies the application of the Act’s restriction. The legal effect is that, for qualifying displays, the prohibition in section 4(1)(c) is inapplicable.
Practical implications of the exemption include the following:
- It is limited to “display … to the public”. Private possession or internal handling is not the same as a public display. The exemption is triggered by the public-facing nature of the activity.
- It is limited to “educational or religious purposes”. The purpose of the display is central. A display that is primarily commercial, decorative without educational/religious context, or intended to promote sales would be harder to characterise as educational or religious.
- It covers “any elephant ivory”. Once the material falls within the definition in section 2, the exemption can apply, provided the purpose and public display elements are satisfied.
Advisory point on evidencing purpose: because the exemption turns on purpose, clients should be advised to maintain documentation demonstrating the educational or religious rationale—such as exhibit descriptions, curatorial notes, religious context statements, signage, and governance approvals. In enforcement scenarios, these materials can be crucial to show that the exemption was properly relied upon.
How Is This Legislation Structured?
The Order is extremely concise and consists of three provisions:
- Section 1 sets out the citation.
- Section 2 defines the regulated subject matter (“elephant ivory”).
- Section 3 creates the exemption by excluding the application of a specified prohibition in the Act for qualifying public displays.
There are no additional parts, schedules, licensing conditions, or procedural requirements visible in the extract provided. That means the legal analysis typically focuses on (i) whether the item is “elephant ivory” under section 2, and (ii) whether the activity is a “display … to the public” for “educational or religious purposes” under section 3.
Who Does This Legislation Apply To?
The Order applies to persons who would otherwise be subject to the restriction in section 4(1)(c) of the Act, insofar as they are involved in the public display of elephant ivory. In practice, this commonly includes museums, educational institutions, galleries, religious organisations, and potentially private venues that host public exhibitions.
However, the exemption is not a blanket permission for all actors. It is conditional on the display being for educational or religious purposes. Therefore, the Order’s practical applicability depends on the factual circumstances of the display and the intent/purpose behind it.
Why Is This Legislation Important?
Singapore’s endangered species framework reflects both conservation objectives and international commitments. Ivory is widely regulated due to the risk of illegal trade and the conservation status of elephants. Against that backdrop, the Order is important because it balances strict control with limited, socially beneficial uses—namely education and religion.
For practitioners, the Order is significant for two reasons. First, it provides a clear statutory basis to argue that certain public displays do not fall within the prohibition referenced in section 4(1)(c) of the Act. Second, it clarifies the scope of “elephant ivory” so that compliance assessments can be made with confidence about what materials are covered.
From an enforcement and compliance perspective, the narrowness of the exemption means that clients should not assume that any ivory-related display is lawful. The exemption is purpose-driven. If a display is framed as educational (e.g., species conservation, historical context, biology) or religious (e.g., religious artefacts or worship-related display), the exemption may be available. If the display is primarily ornamental, promotional, or commercial, counsel should be cautious and consider whether other provisions of the Act or related subsidiary legislation could still apply.
Finally, the legislative history indicates that the instrument has been maintained and revised (including a 2025 revised edition). Practitioners should therefore verify the current version when advising, particularly where enforcement actions or compliance audits are time-sensitive.
Related Legislation
- Endangered Species (Import and Export) Act 2006 (in particular, section 4(1)(c), which is expressly referenced by the Order)
Source Documents
This article provides an overview of the Endangered Species (Import and Export) (Display of Elephant Ivory — Exemption) Order 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.