Update on CITES protection of Pernambuco wood

Know Your Bow: Tips for Owners and Users of Pernambuco Bows
Prepared by: American Federation of Musicians of the United States and Canada, Association of British Orchestras, The Independent Society of Musicians (ISM), International Alliance of Violin and Bow Makers for Endangered Species, International Federation of Musicians (FIM), League of American Orchestras, Musicians’ Union (MU), National Association of Music Merchants (NAMM), Pearle* Live Performance Europe
May 25, 2023

How well do you know your Pernambuco bow?

Pernambuco wood is used in most advanced student and professional bows. The Pernambuco (Paubrasilia echinata) tree is native to the Atlantic forests in Brazil and its populations are threatened. Bow owners and users can take voluntary actions to: (1) support sustainable plantations of Pernambuco and conservation efforts, (2) document basic facts about the wood used in their bows, and (3) be informed consumers. Voluntary steps today can help to avert the possible need for trade restrictions later.

Do I need special permits to buy, sell, or travel with my finished Pernambuco bow internationally?

In most cases, special permits are not required. On February 23, 2023, new rules went into effect, requiring CITES permits for all Pernambuco wood the first time it is exported from Brazil – including, for the first time, finished bows exiting Brazil. The vast majority of Pernambuco bows made over the past two hundred years were already located outside of Brazil before the newest rules came into effect, and are not subject to these new permit requirements. However, all bow owners and consumers should better understand the history of the bows they own, gather basic facts and documentation, and learn how to take action to help sustain the Pernambuco trees in their native habitat for future generations.

What is CITES?

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty that regulates international trade in animal and plant species. It provides a framework for cooperation and collaboration among its member Parties (most countries globally) to ensure that international trade in specimens of animal and plant species is legal and does not threaten their survival in the wild. Species are listed in three CITES Appendices, each providing a different level of controls over trade. As a musician, orchestra, or music ensemble, you might be aware that material used in musical instruments such as ivory, lizard skin, and Brazilian rosewood is already under CITES controls.

CITES Parties meet every two to three years at the Conference of Parties (CoP) to re-evaluate controls species-by-species. Groups representing music stakeholders participate in these policy discussions and the latest one took place in November 2022 in Panama (CoP19).

How does CITES protect Pernambuco?

Since September 13, 2007, the Pernambuco wood used in bows has been included under CITES Appendix II, with rules that require any wood material exported from Brazil (up to the unfinished “bow blank” stage) to be legally and sustainably harvested and accompanied by CITES permits when traded internationally. However, until February 23, 2023, finished bows were not subject to CITES requirements or controls and could travel without CITES permits.

As of February 23, 2023, CITES permits are required for all Pernambuco wood the first time it leaves Brazil – including finished bows as they leave Brazil. CITES Parties adopted these measures at CoP19 in an effort to halt trafficking of Pernambuco wood and bows and to protect wild populations of Pernambuco.

If I don’t need CITES permits to buy, sell, or travel with my Pernambuco bow outside of Brazil, why do I need to learn more about how it was made?

Now that CITES is regulating bows as finished products in this new way for exports from Brazil, it is wise to proactively have a record to make clear for future resale that your bow is CITES compliant with the latest rules, meaning it was located outside of Brazil before February 23, 2023, made outside of Brazil before February 23, 2023, or was exported as a finished bow from Brazil with a CITES permit after that date. Documentation is also a helpful way to establish that certain bows are exempt from permit rules.

How do I know if my bow is made with Pernambuco?

Seek out a bowmaker or luthier to evaluate the material and confirm the wood in the bow. You can ask for a written declaration from a bowmaker or expert evaluator describing the material in the bow. Many older bows do not have identifying marks from their maker. Make the best effort to collect the following:

  • Dated third-party instrument evaluation, noting maker, approximate year made, and material

  • Take identifying photographs, including any markings or distinguishing characteristics of the

    bow

How can I demonstrate that my finished bow was already outside of Brazil before February 23, 2023, and has not required a CITES permit as a finished product?

Make a best effort to document your bow’s birthdate, purchase date, and location. The new CITES permit export requirement only applies to finished bows (as well as finished musical instruments, finished musical instrument accessories, and finished musical instrument parts) exported the first time from Brazil on or after February 23, 2023. The following documentation can help establish legality of existing bows:

  • Dated receipts of sale

  • Dated insurance policy

  • A signed affidavit attesting to the date (or approximate date) the bow came into your ownership

    outside of Brazil

  • A signed statement from the maker, verifying the bow was legally crafted

If your bow was made and sold after Feb. 23, 2023, you probably have one or more of these documents already. If you don’t, you should contact the maker or seller and ask for them. Most bow-makers are now well-informed about the new legal environment and are aware that customers are seeking documentation.

Gathering this evidence can help to establish that the bow was already a finished product located outside of Brazil when the new CITES regulations came into force, and, therefore, was not illegally exported from Brazil without a CITES permit or any other document required under Brazilian law.

What should l keep in mind when traveling with my bow?

Remember: as long as you are outside of Brazil, a CITES permit is not required when traveling with a finished bow unless it contains other material covered under CITES controls, such as sea turtle or elephant ivory. If you plan to travel to Brazil with your Pernambuco bow, it will be critically important to gather evidence (see section above) that your bow was already outside of Brazil prior to February 23, 2023. In the absence of such evidence, you may be faced with serious complications on your departure from Brazil.

How can I determine whether the Pernambuco wood used to make my bow was harvested and traded in compliance with CITES?

Bows made and located outside of Brazil prior to September 13, 2007 (when Pernambuco was first included under CITES Appendix II) are considered “pre-Convention” under CITES, which means that no historic CITES paperwork (e.g., permits) connected with the wood used to make the bow was required. For bows made after Sept. 13, 2007 outside of Brazil, confirmation that the wood was exported from Brazil prior to Sept. 13, 2007 or was traded internationally with a CITES permit or pre-Convention certificate can help establish its legal origin.

How can I be an informed consumer and re-seller?

Bows exported from Brazil on or after February 23, 2023 must be accompanied by a valid CITES export permit issued in Brazil (the same is true for bows that have been in transit from Brazil and reached their country of destination on or after February 23, 2023). It is very important to ascertain the legality of the bow(s) coming into your possession after February 23, 2023 by requesting proof that a CITES permit was not required, or a copy of the valid CITES export permit. In case you decide to re-sell your bow in the future, your buyer will probably ask you to provide the documents outlined above as evidence of its legal origin. Stay tuned as we learn more about the permit process that Brazilian CITES authorities will adopt for finished bows exported on or after February 23, 2023.

For further information, contact your national CITES authority.

How can I take action to support conservation?

We all have a vitally important role to play in ensuring the conservation of the Pernambuco species in Brazil and the future health of the threatened forest ecosystem in which it grows. Learn more about how you can support the International Pernambuco Conservation Initiative and its work to sustain the species and find more information here: IPCI Germany, IPCI Canada, IPCI USA, International Alliance of Violin and Bow Makers for Protected Species, Information in French.

View the guide for owners and users of Pernambuco bows here.

Know Your Bow – Tips for Makers and Sellers of Pernambuco Bows
Prepared by: The International Alliance of Violin and Bow Makers for Endangered Species, the International Society of Violin and Bow Makers, the International Pernambuco Conservation Initiative (IPCI France-Europe, IPCI-Germany, IPCI-USA), La Chambre Syndicale de la Facture Instrumentale, League of American Orchestras, PEARLE – Live Performance Europe. For additional information, please contact John Bennett, bennettandassoc@aol.com; Thomas Gerbeth,bogenbau@gerbeth.eu; Jacques Carbonneaux, jcarbonneaux@csfi-musique.fr; or Arthur Dubroca, ipci.france.europe@gmail.com.
May 31, 2023

As of February 23, 2023, finished bows exported from Brazil for the first time must be accompanied by a valid CITES export permit issued by Brazil’s CITES Management Authority. The requirement will also apply to finished bows exported from Brazil for the first time prior to February 23, 2023 and arriving in the destination country on or after February 23.

Bows take center stage.

In November 2022, 19th Conference of the Parties of CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) amended the annotation for pernambuco (#10). The revised annotation #10 reads: “All parts, derivatives and finished products, except re-export of finished musical instruments, finished musical instrument accessories and finished musical instrument parts.” While pernambuco (Paubrasilia echinata) has been included in Appendix II of CITES since September 13, 2007, finished bows had not been subject to CITES controls. Under the revised annotation, all parts, derivatives, unfinished and finished products of pernambuco exported from Brazil (should pernambuco ever be grown outside of Brazil, pernambuco exported from that “country of origin” would also require a valid export permit from that country’s CITES Management Authority) will require a valid export permit issued by Brazil’s CITES Management Authority. The permit will be required for the initial export from Brazil and import into destination countries. Importantly, the revised annotation creates a limited exception for all subsequent re-export of finished musical instruments, accessories, and parts. A re-export is any exportation of a CITES specimen following the initial export/import of that specimen.

Although the international trade of the majority of finished pernambuco bows outside of Brazil will continue not to require a CITES document, the new permit requirements are likely to have broad implications for how all finished bows are bought and sold. Buyers and owners will want assurance that their bows are legal and safe to own and travel with internationally. Bow makers have a crucially important role to play. By gathering and sharing information with buyers and customers, bow makers can promote awareness and compliance with the law, show support for combating trafficking of pernambuco wood and bows, demonstrate commitment to the conservation of pernambuco, and help to avoid further restrictions in the future.

Below are recommended steps for compliance and voluntary action.

Confirm the legality of your bows.

As of February 23, 2023, it will be very important for you to ascertain the legality of the bows coming into your possession by requesting a valid CITES export permit or, for bows made before February 23, 2023, documentation demonstrating that a CITES permit is not required. (As we learn more about the permit process Brazilian CITES authorities are developing for finished bows exported on or after February 23, 2023, we will inform you.)

Gather evidence of legality.

Buyers will want reassurance of the legality of the bows you are selling. We urge you to gather whatever documentation is available to demonstrate that the bows in your possession are legal or contain legally obtained pernambuco. Such documentation might include:

  • CITES documents that may be available:

    • pre-Convention declarations or certificates for pernambuco wood obtained before September 13, 2007

    • permits for wood or bow blanks imported after September 13, 2007

    • export permits for finished bows first exported from Brazil after February 23, 2023 (or exported for the first time prior to February 23, 2023, but arriving in the country of destination on or after February 23)

    • in the EU: import permits for finished bows first exported from Brazil after May 20, 2023 (or exported for the first time prior to February 23, 2023, but arriving in the country of destination on or after May 20) [Note: Makers outside the EU and US are encouraged to consult national CITES authorities to confirm that import permits are not required in their country.]

  • Dated receipt of purchase and/or sale

  • Where receipts are not available, authorities suggest having a signed, dated statement, with

    complete contact information and describing the circumstances of the transaction or exchange

    of ownership.

  • Identifying photographs, including any markings or distinguishing characteristics of the bow

  • Dated certificate of insurance

  • Dated third-party instrument evaluation, if any

Assess inventory and develop documentation for customers. We highly recommend being prepared to provide customers with necessary information about the bows you are selling by taking the following steps:

  • Inventory numbers of sticks, boards, and total weight of all pernambuco wood on dated and

    signed leterhead. Include available documents and date stamped photos.

  • Inventory all finished bows, new and old, on dated and signed leterhead. Include documents

    and date stamped photos of each finished bow.

  • Indicate on these leters that this pernambuco was in your possession in advance of Feb. 23, 2023

  • Update existing inventory that you might have created in 2007 to record transfers into and out of stockpiles. Cellphone apps are available for date stamping.

  • Notarize documents and store with important documents for future reference.

Travel to Brazil.

Documentation will also be extremely important if you are planning to travel to or from Brazil with bows. You will need to demonstrate that the bows you will transport from Brazil are not leaving the country for the first time and therefore subject to CITES controls.

Assist musicians by assessing bows brought in for repair.

When bows are brought in for repair, remind the owner of the importance of documenting the legality of their pernambuco bow. If the owner does not have adequate documentation and requests a writen appraisal, qualified shops can provide writen certificates that would include the bow’s maker and location, materials used, and the approximate date it was made.

Older bows.

Bows made and located outside of Brazil with pernambuco cut before 2007 will be considered "pre-Convention" under CITES. No historic CITES paperwork (e.g., CITES permits or certificates) will be associated with the bow. Note, however, that if you purchased from another maker, that person may have a CITES certificate verifying that the wood used was pre-Convention, depending on whether the wood was traded internationally after the CITES listing. For bows made after 2007 outside of Brazil, confirmation that the wood used was exported from Brazil prior to 2007 or with a CITES document after 2007 will help establish legality.

Wood and bow blanks.

We recommend that you maintain clear and concise records of the CITES permits associated with post-2007 bow blanks or raw wood that you have in your possession. If you are making new bows using wood or blanks, we suggest keeping accurate, dated records on hand for each piece of wood or bow blank, and providing documentation proving legality to buyers to the extent possible.

Pernambuco stockpiles.

We urge you to consult with your country’s CITES Management Authority to learn whether and what options may exist for registering your pernambuco stockpile. Update your inventory to record any transfers of materials into and out of these stockpiles. As we learn more about stockpile registration policies, we will share additional information.

Take action to support conservation.

We all have a vitally important role to play in ensuring the conservation of the pernambuco species in Brazil and the future health of the threatened forest ecosystem in which it grows. Learn more about the accomplishments of the International Pernambuco Initiative (IPCI) and how you can support IPCI and its work to sustain the species today. You can also find information here: IPCI France-Europe, IPCI Germany, IPCI Canada, and International Alliance of Violin and Bow Makers for Protected Species.

Your cooperation is crucially important. Compliance today will be good for bow making, good for buyers of our bows, and good for conservation of the species on which we all depend. For further information, contact your national CITES authority.

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