UIC Law Review


Joseph Furlett


This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This comment concludes with a series of proposals addressing many of the problems with the current law. Most important, this comment introduces a new system of title for wood products that will document wood at the point of harvest. The goals of this new titling system include: simplifying border crossing with musical instruments, preventing criminal liability from attaching to unsuspecting musicians, and protecting the environment by preventing illegally sourced wood products from entering the marketplace.