[NHCOLL-L:2906] RE: Brazilian paleontology export laws?

[Paul Davis]

Dear All
 
I am not an expert in Brazilian law but as I understand the situation the export of palaeontological material from Brazil has been illegal since 4th March 1942 without the proper export papers from the appropriate Brazilian Government Department.
 
This is set out in Brazillian law as follows.
 
DECRETO-LEI Nº 4.146, de 04 de março de 1942
Dispõe sobre a proteção dos depósitos fossilíferos

Regardless of how legitimate the purchase was in Brazil the potential donor has broken Brazilian law if they haven't obtained these permits before leaving the country with the fossil specimens.
 
Not being an expert in US law I hve a feeling that the Lacey Act (16 USC 3371-3378, 18 USC 42; 50 CFR Part 14) therefore applies here and by accepting these items you might leave yourself open to prosecution under this law.  Colleagues in the US will be able to advise on this better.
 
The informal rule I always suggest people here in the UK follow is:
'If in doubt leave it out'
 
Hope this helps
 
Regards
 
Paul
--------------------------------------------------- 
Dr Paul G. Davis 
Registrar 
Natural History Museum 
Cromwell Road 
London, SW7 5BD 

Telephone +44 (0)20 7942 5458 
Fax +44 (0)20 7942 5765 
Mobile 07905 607162 
e-mail P.Davis at nhm.ac.uk 
www.nhm.ac.uk 
---------------------------------------------------