A New Crime: Possession of Wood — Remedying the Due Care Double Standard of the Revised Lacey Act

Abstract:     
In May of 2008, the United States became the first country in the world to ban the import and sale of illegally-sourced timber and other plant products. In an ambitious effort to curb illegal logging activities across the globe, Congress recently amended a century-old law, the Lacey Act, that was originally used to combat wildlife trafficking in the United States. For the international trade community, the far-reaching implications of the revised Lacey Act are without precedent. The recent amendments dramatically expand the reach of the Act affecting thousands of different imported products under a broad definition of the term “plant.” Perhaps most alarmingly, the Act extends the reach of a seemingly infinite number of foreign laws making it illegal to take, possess, transport, or sell plant products in violation of any foreign law or regulation. In effect, importers are now required to become supply-chain policemen or face the threat of severe civil penalties as well as criminal prosecution. This article examines the policy motivations including the peculiar coalition that led to the passage of this legislation and also addresses overly broad provisions of the Act. It is argued that less burdensome and less trade-restrictive alternatives for targeting illegal logging exist, particularly through the building of international partnerships.

Number of Pages in PDF File: 40

Keywords: Lacey Act, illegal logging, non-tariff trade barriers, APHIS, environmental protection, timber, plants, plant products, wood products, paper industry, CITES

JEL Classification: F13, K32, Q17, K33, A13, L16, N7

Accepted Paper Series