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
- Current Status: Current version (as at 27 Mar 2026)
- Revised Edition: 2025 Revised Edition (17 December 2025)
- Original Commencement: 1 September 2021 (SL 651/2021)
- Amendment: Amended by S 858/2022 (1 November 2022)
- Key Provisions: Citation (s 1); Definition of “elephant ivory” (s 2); Exemption for public display for educational or religious purposes (s 3)
What Is This Legislation About?
The Endangered Species (Import and Export) (Display of Elephant Ivory — Exemption) Order 2021 (“the Order”) is a targeted regulatory instrument made under Singapore’s Endangered Species (Import and Export) framework. Its practical purpose is to carve out a specific exemption from the general prohibition (or restriction) on certain dealings with elephant ivory—specifically, the display of elephant ivory to the public.
In plain terms, the Order addresses a narrow but important compliance question: when can elephant ivory be shown to the public without falling foul of the legal rule that would otherwise apply under the Endangered Species (Import and Export) Act 2006 (“the Act”)? The Order answers that question by permitting public display for educational or religious purposes, provided the display falls within the exemption.
Because elephant ivory is associated with the illegal wildlife trade and the conservation status of elephants, Singapore’s legislation is designed to prevent trafficking and uncontrolled possession and movement. However, the law also recognises that certain displays—such as museum exhibits, educational demonstrations, or religious contexts—may serve legitimate public interests. This Order is the legal mechanism that reconciles those interests with conservation objectives.
What Are the Key Provisions?
Section 1 (Citation) is straightforward. It confirms the short title of the instrument: the Endangered Species (Import and Export) (Display of Elephant Ivory — Exemption) Order 2021. For practitioners, this matters mainly for accurate referencing in submissions, compliance checklists, and correspondence with regulators.
Section 2 (Definition of “elephant ivory”) is the core definitional provision. It defines “elephant ivory” broadly and in a way that captures both the raw and processed forms of ivory. The definition includes “any tusk or tooth” from either:
- Elephas maximus (Asian elephant); or
- Loxodonta africana (African elephant).
It further extends to “any part, powder or waste” of that tusk or tooth. Importantly, the definition covers ivory “whether worked, unworked or prepared.” This breadth is significant: it means that the exemption is not limited to intact tusks or teeth. It can potentially apply to carved pieces, processed ivory items, and even by-products such as powder or waste—depending on how the item is characterised and whether it qualifies as “elephant ivory” under the statutory definition.
Section 3 (Exemption for public display for educational or religious purposes) is the operative provision. 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.
Although the extract provided does not reproduce Section 4(1)(c) of the Act, the legal effect of the exemption is clear: the general restriction in the Act that would otherwise regulate the relevant conduct is suspended for the specific scenario described in the Order. Practically, this means that a person or institution that displays elephant ivory to the public for educational or religious purposes may not need to comply with the particular prohibition or requirement that Section 4(1)(c) imposes—because the Order expressly removes the application of that subsection.
For legal practice, the key interpretive issues typically revolve around what counts as (i) a “display to the public,” and (ii) “educational or religious purposes.” While the Order does not define these terms, their ordinary meaning is likely to be applied. A “display to the public” would generally include exhibitions open to members of the public (e.g., museum displays, gallery exhibits, public installations, or religious displays accessible to congregants and visitors). “Educational purposes” would likely cover displays intended to inform or teach about elephants, wildlife conservation, history, anthropology, or related subjects. “Religious purposes” would likely cover displays used in religious worship, observance, or religious symbolism.
However, practitioners should be alert to compliance risk: the exemption is narrow in its purpose limitation. If the display is primarily decorative, commercial, or promotional (rather than educational or religious), it may fall outside the exemption. Similarly, if the display is not truly “to the public” (for example, restricted private viewing without any public access), the exemption’s scope could be contested. The safest approach is to document the purpose, context, and audience access, and to ensure that the display is consistent with the stated educational or religious rationale.
How Is This Legislation Structured?
The Order is structured as a short instrument with three provisions:
(1) Section 1 provides the citation (short title). (2) Section 2 sets out the definition of “elephant ivory,” which is essential for determining whether the exemption can apply to the item in question. (3) Section 3 provides the exemption itself, specifying that Section 4(1)(c) of the Act does not apply to public display of elephant ivory for educational or religious purposes.
There are no additional parts or complex procedural requirements visible in the extract. The Order’s function is therefore primarily substantive: it modifies the reach of the Act by carving out a defined exemption.
Who Does This Legislation Apply To?
The exemption is relevant to any person or organisation that would otherwise be subject to the restrictions in Section 4(1)(c) of the Act regarding elephant ivory. This includes, in practice, museums, galleries, educational institutions, religious organisations, and potentially private collectors or custodians who arrange public exhibitions.
Because the Order is framed around the display of elephant ivory “to the public,” the practical duty falls on the party responsible for the display arrangement and the public-facing use of the ivory. Even where the ivory is held by one entity (e.g., a museum) and displayed by another (e.g., a curator or exhibitor), the entity controlling the display should ensure that the exemption conditions are satisfied and that the purpose is genuinely educational or religious.
Why Is This Legislation Important?
This Order is important because it provides a legally recognised pathway for certain public-facing uses of elephant ivory while maintaining the broader conservation and enforcement objectives of Singapore’s endangered species regime. Without such an exemption, institutions that display ivory for legitimate educational or religious reasons could face uncertainty or potential enforcement exposure.
From a compliance perspective, the Order reduces ambiguity by expressly stating that the Act’s restriction in Section 4(1)(c) does not apply in the specified scenario. For practitioners advising clients, this can be used to structure risk assessments and to support decisions about whether a licence, permit, or other regulatory step is required for a particular display.
At the same time, the breadth of the definition of “elephant ivory” means that the exemption is not a “small carve-out” limited to a narrow category of items. Because the definition includes worked, unworked, prepared, and even powder or waste, the exemption may apply to a wide range of materials. That breadth is beneficial where the display is genuinely educational or religious, but it also increases the need for careful classification and documentation. If an item is arguably ivory (or a component derived from ivory), the legal analysis should start with whether it falls within the statutory definition.
Finally, the legislative history indicates that the Order has been in force since 1 September 2021 and was amended by S 858/2022, with a 2025 revised edition consolidating the current text. Practitioners should therefore ensure they rely on the correct version when advising on compliance, especially if internal policies were drafted based on earlier editions.
Related Legislation
- Endangered Species (Import and Export) Act 2006 (in particular, Section 4(1)(c))
- Endangered Species (Import and Export) (Display of Elephant Ivory — Exemption) Order 2021 (SL 651/2021; amended by S 858/2022; 2025 Revised Edition)
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.