NWhat is Rosewood?
Rosewood refers to one of around a dozen species of wood from the genus Dalbergia. It is often brown and well grained leading to its popularity in the making of furniture, luxury flooring and guitars. Its name stems from the sweet odour of the wood.
Is Rosewood protected?
In general, world stocks of rosewood are in decline through overexploitation. Rosewood is now protected worldwide. At a summit of the international wildlife trade in South Africa, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) moved to protect the world’s most trafficked wild product by placing all 300 species of the rosewood tree under trade restrictions.
Can Rosewood be traded?
Under CITES, trading in rosewood products made prior to 1947 is perfectly permissible. The position post 1947 is also clear. If you are buying a piece of rosewood, usually furniture, that was made after 1947, reputable and responsible dealers will indicate on the listing that the piece will come with an Article 10 Certificate (sometimes called a CITES Certificate). The seller will apply for certification and this will accompany the piece of rosewood – this is called a ‘Transaction Specific Certificate (TSC)’ which is issued in the name of the applicant and may only be used by them for one transaction. Without an Article 10 Certificate rosewood should not be traded.
How to identify the species of Rosewood?
Determining the precise species of rosewood can be difficult. It is possible to send a small sample of the wood for laboratory testing at the Royal Botanic Gardens, Kew (at a cost of around £120) but typically this is an invasive procedure unsuitable for furniture or works of art. It is preferable instead to assume the timber is Dalbergia nigra and apply to the Wildlife Licensing & Registration Service for a licence and Article 10 certificate.
Are Rosewood guitars exempted from the CITES laws?
An exemption to CITES was proposed in 2017 and came into law in November 2019 in relation to guitars and other musical instruments made from rosewood. This amendment allowed the international trade in rosewood guitars or other musical instruments without any Article 10 certificates being required.
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 26th May 2020 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here
I need to sell a rosewood sideboard 1965 ish
My brother owned it and it has come to me after he died
How do I get a certificate for auction?
Thank you for your interest in our blog.
You will need to complete Form FED1012 (available here https://assets.publishing.service.gov.uk/media/6245b975e90e075f13a3a674/FED1012.pdf)
Guidance for completion of the firm can be found here (https://assets.publishing.service.gov.uk/media/6048f306e90e071538d66f99/guide-fed1012.pdf)
The firm then needs to be submitted to CITESapplication@apha.gov.uk or post to:
Animal and Plant Health Agency Horizon House Deanery Road Bristol BS1 5AH
The appropriate fee must also be paid.
Peter Johnson
Senior Partner
I have rose wood furniture left in my brother’s ex girlfriend from her parents in Guam do you know how I can sell it?
Thank you for your interest in our blog.
The simple answer to the question will depend upon the age of the furniture. If it were made after 1947, you are likely to need to provide an Article 10 Certificate (sometimes called a CITES Certificate). You will need to apply for certification and this will accompany the piece of furniture – this is called a ‘Transaction Specific Certificate (TSC)’ which is issued in the name of the applicant and may only be used by them for one transaction.
If the item pre-dates 1947 a certificate is not usually required.
Peter Johnson
Senior Partner
Many thanks for your very informative article.
Am I correct in assuming that any musical instrument made before 1947 is excerpt from CITES regulations? If correct, is this the case in the UK, EU, USA and Japan?
Thanks again,
Kind regards,
Dear Neil.
Thank you for your interest in our blog.
You are correct that any rosewood item which can be confirmed to have been made before 1947 should be exempt under CITES in the UK.
As for other jurisdictions you would need to assess whether there was any specific legislation in that country governing the same.
Peter Johnson
Senior Partner
Hello I am trying to import a rosewood chair made in the late 1950s to the UK and they ‘rejected’ my cites permit on the grounds that it had not been imported to the UK before. How can this be correct? How can they do any trade at all if you can only import items that have previously been imported? I think the cites team have interpreted the regulation wrong. What do you think? What are my options now? The seller already has cites permit for export. Thanks
Thank you for your interest in our blog Matthew.
Without seeing all of the relevant paperwork we can’t give specific advice on an issue like this, but we would be very happy if you wish to contact us by email to instruct us to look at the issue in detail.
Peter Johnson
Senior Partner