for a living planet

site

The GFTN Guide to Legal and Responsible Sourcing

This page is bookmarked
  View bookmarks   Printer Friendly Page

Defining “Illegal Logging”

WWF defines illegal logging, related trade, and corruption as occurring when timber is harvested or traded in violation of relevant national or sub-national laws or where access to forest resources or trade in forest products is authorized through corrupt practices.

This generic definition of the problem has three key elements:

1. Illegal harvesting. Timber cut or removed without the required license or in breach of a harvesting license or law. This includes logs that are stolen.

2. Illegal trading. Timber, or a product containing timber, bought, sold, exported, or imported and processed in breach of the laws, including laws implemented under the Convention on International Trade in Endangered Species.

3. Corruption. Authorization to harvest or trade logs or timber products is secured through corrupt application of laws or administrative procedures.

Below is a selection of the many definitions from other organizations.

Other definitions of illegal logging

Organization

Definition

Reference

United States Government (Lacey Act)

“It is unlawful for any person … (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce .... any plant—

(i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates—
(I) the theft of plants;
(II) the taking of plants from a park, forest reserve, or other officially protected area;
(III) the taking of plants from an officially designated area; or
(IV) the taking of plants without, or contrary to, required authorization;

(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or

(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants

Amendments to the Lacey Act from H.R.2419, Sec. 8204 (1)

European Commission

'legally harvested' means harvested in accordance with the applicable legislation in the country of harvest;

'illegally harvested' means harvested in contravention infringement of the applicable legislation in the country of harvest;

'applicable legislation'  means the legislation in force in the country of harvest, covering the following areas of law: 

  • rights to harvest timber within gazetted boundaries;
  • payments for harvest rights and timber including duties related to timber harvesting;
  • timber harvesting, including directly related environmental and forest legislation;
  • third parties’ legal rights concerning use and tenure that is affected by timber harvesting; and
  • trade and customs legislation,

…. in as far as the forest sector is concerned.

European Commission 2009  (2)

Greenpeace

Illegal logging takes place when timber is harvested, processed, transported, bought or sold in violation of national laws. Laws can be violated at many different stages of the supply chain and can include:
• Obtaining concessions illegally (for example, via corruption and bribery)
• Cutting protected tree species or extracting trees from a protected area
• Taking out more trees and more undersized and oversized trees than is permitted or trees outside an agreed area 
• Illegal processing and export
• Fraudulent declaration to customs of the amount of timber being exported
• Nonpayment or underpayment of taxes
• Use of fraudulent documents to smuggle timber internationally.

Greenpeace 2005 (3)

Malaysian Timber Council

In Peninsular Malaysia, three categories are used to classify forest offenses.
Category 1 covers offenses involving logging without license, logging outside licensed area and unauthorized construction of infrastructure and forest roads. Category 2 covers encroachment of forest reserves for agricultural activities and settlement. Category 3 covers other forest offenses that involve felling of unmarked trees, cutting trees below the cutting limit, unlicensed workers, contractors with no valid sub-license, unregistered machinery plus other breaches of rules and regulations committed within and outside the forest reserve.

Malaysian Timber Council 2004. (4)

 

Russian Supreme Court

Illegal forest felling operation (cutting) is cutting of trees, bushes and lianas without a harvesting license, order or cutting with a harvesting license, order issued with abuse of the existing cutting-practice rules, as well as cutting carried out at the wrong site or beyond a site's borders, exceeding the set quantities; cutting of wrong species or of trees, bushes and lianas that are not subject to felling ticket, order, before and after logging period fixed in felling ticket, order, logging of trees, bushes and lianas that are forbidden to log according to Resolution No. 155 of the Government of the Russian Federation June 1, 1998, or after the announcement of the decision about temporary prohibition, restriction or complete discontinuance of forest user activities or the right to use forest area. 

Resolution No.14, Russian Federation Supreme Court 1998 (The definition is related to the application of Article 260 of the Criminal Code of the Russian Federation).(5) 

World Business Council on Sustainable Development

• Sourcing of illegal wood takes place when unprocessed wood is procured in the absence of the seller’s legal right to sell or harvest.
• Illegal logging takes place when timber is harvested in violation of relevant forestry and environmental laws and regulations.
• Illegal forest products trade involves the procurement, processing, distribution and marketing of products made from wood that has been obtained by illegal sourcing or illegal harvesting and/or are not in compliance with relevant national and international trade laws.

WWF/WBCSD Joint Statement on Illegal Logging 2005. (6)

1. http://www.aphis.usda.gov/plant_health/lacey_act/downloads/background--redlinedLaceyamndmnt--forests--may08.pdf
2. Taken from: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down the obligations of operators who place timber and timber products on the market; ec.europa.eu/development/icenter/.../flegt_timber_proposal_oct08.pdf
3. Lawless: How Europe's Borders Remain Open to Trade in Illegal Timber (Greenpeace Fact File, October 2005)
http://www.greenpeace.org/raw/content/international/press/reports/lawless-illegal-timber.pdf.
4. Malaysian Timber Council www.mtc.com.my 
5. Resolution No. 14, Russian Federation Supreme Court from November 5, 1998 (The definition is related to the application of Article 260 of the Criminal Code of the Russian Federation).
6. WWF/WBCSD Joint Statement on Illegal Logging for The Forest Dialogue (March 2005)
http://www.wbcsd.org/plugins/DocSearch/details.asp?type=DocDet&ObjectId=13627


Next >>