Buyer (And Others) Beware ... The Lacey Act

One wonders if Les Paul, the legendary guitar genius and creator of Gibson's "Les Paul guitar," turned in his grave, when federal agents recently raided the Gibson guitar factory in Nashville, Tenn. The raids, in 2009, and more recently in August, 2011, were conducted under authority of the Lacey Act, and serve as a warning to U.S. importers that they must be mindful of not only U.S. law, but of the laws of the country where a product is exported.

The Lacey Act, (16 U.S.C. §§ 3371–3378), introduced and signed into law in 1900, was intended to protect both plants and wildlife by creating civil and criminal penalties for trading in wildlife, fish, and plants that have been illegally taken, transported or sold. Amendments to the Act have expanded the Act's application to the enforcement of the laws of other countries to prevent U.S. companies from being used for trafficking in illegal goods. In other words, violation of the export laws of another country also constitutes a violation of the law of the United States.

While importers are the most directly affected, it is possible under this Act, at least in theory, that guitars, or for that matter any products made with "illegal" wood, owned by individuals, could be seized by federal agents. The instruments of musicians travelling internationally could be subject to seizure if proper documentation of origin cannot be produced. Thus far, the focus of enforcement has been on shippers, manufacturers, and retailers.

In the case of Gibson, armed federal agents raided the factory in November 2009, seizing...