Burmese gems and Paypal (and the US Government!)

Update: June 18:  I'm so very happy to hear that *finally* Paypal has reinstated the account of the lovely buyer of the "Burmese ruby" pendant!  Why on earth paypal had her jumping through hoops to "prove" she was "sorry" that she tried to buy "contraband" is beyond me.  SO RIDICULOUS!!!  (It's NOT illegal to sell vintage Burmese rubies anyway, and it's NOT illegal to call a ruby "Burmese" in color, and it's NOT illegal to sell any Burmese rubies, jade or sapphires that were imported to the USA prior to the 2008 JADE Act.  So the idea that paypal just decides to "ban" the sale of anything Burmese just shows how overreaching their tactics are (like, they can take it upon themselves to decide WHAT is okay to sell or buy).  Well, at least everything is back to normal, and I'm happy that this matter is cleared up for the buyer-----who bought the beautiful ruby skeleton key pendant from me anyway using Etsy's Direct Checkout, and received it yesterday and is very happy with it.    Etsy is fully aware of this, and is fine with it---as is evidenced by the 250 Burmese Rubies on etsy, 160 Burmese Sapphires and 372 Burmese Jade items RIGHT NOW on etsy.

Good luck using paypal to buy any of those things though!

You can read about this entire FIASCO if you wish...


Update: June 15:   I guess my terrible Friday dealings with Paypal and selling Rubies is now a thing of the past, because I got this email this morning"

             "Our review is complete and we have returned your account to regular standing.
              We appreciate your patience and thank you for your help in making PayPal
              the safest and most trusted online payment solution."

Well, at least I learned that "Burma" is not the old name for Thailand!!!  Errr, that would be Siam.  And now I know where Myanmar is---a place I never heard of until yesterday.  And thanks to the lovely buyer of this pendant---she was a sweetheart who was patient and understanding, and I am sorry that Paypal upset and confused her!  All is now well, and I'm sure she'll love her new genuine ruby key pendant!!!

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June 14, 2013.   Wow.  Just wow.  I have learned a very hard lesson today.  I'm sharing this so hopefully NO ONE else goes through this.  I have learned that the use of the word "Burmese" in any way, such as a descriptive color, or if you thought Burma was the old name of Thailand which I did (I hate to admit that, but I thought that...errr, it's Siam) and you sell something via Paypal with the word Burma or Burmese ANYWHERE, it will be flagged by paypal, halted, your account "limited" and you will be deemed a criminal.  That happened to me this morning, and I've spent 3 hours taking pictures of the VINTAGE pendant I sold (and had to refund) that is marked "Thailand" on the back, explaining it, etc.  I have read so many paypal horror stories, so I have very little hope that this will be resolved smoothly. 

The IMPORT of anything from Burma (Burmese rubies, jade or sapphires) is strictly prohibited by the US Government.  So anyone selling  Burmese jade or rubies or sapphires, be aware that this is strictly prohibited by paypal, and paypal will run you through the grinder---even if you use "Burmese" to describe the COLOR of a ruby gemstone.  SO BEWARE.

I noticed about 238 items on etsy listed as "Burmese ruby" in the titles, 100 items listed as "Burmese Sapphire" and 374 items listed as "Burmese Jade" plus 747 items listed as "Burmese Jewelry"---it would be nice if etsy could warn people about this.  I'm quite sure that this means there are hundreds of sellers on etsy who are unaware that either (a) Burma is not the old name for Thailand; (b) Burmese is not a color or descriptor (or shouldn't be used as such); (c) If you have a vintage actual Burmese ruby (or sapphire or jade), I am NOT SURE if it is STILL ILLEGAL TO SELL IT (different sources say different things) but you will get into big big trouble with paypal.  Also, like me, there are a LOT of etsy sellers who offer "Burmese" items that describe the COLOR, such as a "Burmese ruby red crystal" and so forth.  BEWARE, sellers! 

I wonder how Paypal determines the ethicality (is that a word?) of diamonds??  Do you need a disclaimer on the sale of any diamond---that it is "eco friendly" or "ethically mined" or else you're reported as a criminal?  Ah well, I'm not in the diamond trade so I won't worry about that one.  I'm just selling vintage jewelry that I inherited from my Aunt who died 20 years ago, because my life changed recently and I desperately need the money!!  And now this.

TGIF!!?? 
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What is Paypal talking about?

Apparently, the US Government restricts the import of rubies, jade or sapphires exported from Burma, and imported to the US.  I have found some very conflicting, confusing information.  Per this site (http://www.jckonline.com/2008/10/27/burmese-ruby-ban-begins) regarding the "2008 Jade Act", it says:

   "Further, the bill does not address U.S. sales of any inventory of Burmese jadeite or rubies currently in the U.S.  Jewelers can continue to sell existing inventories of Burmese jadeite and rubies already in the U.S."

Well, which is it?  NO sale of Burmese items, or some are okay?

Here is another take on the legalities of the JADE Act and rubies:

"According to Josh Hall (vice president of Pala International, based in Fallbrook, Calif.) the purchase of older inventories of Burmese gemstones is still legal but many jewelers plan to avoid buying any Burmese gems so as to be in full compliance with the spirit of the law."

So....it's legal to purchase old stock Burmese rubies, just not "paypal legal"??  It's perhaps unethical either way to buy or sell Burmese gems now that I've read about the "blood rubies". So yes, the "spirit of the law" is one thing, but threats from Paypal?  I don't get it.

The full 2008 Tom Lantos Block Burmese JADE Act can be read here:

http://www.treasury.gov/resource-center/sanctions/Documents/pl110_286_jade_act.pdf

The ban on rubies, jade, sapphires, oil and gas exploration, timber, and other things from Burma is based on human rights violations in Myanmar (Burma) and is completely understandable!  Tiffany & Co. has voluntarily stopped selling "old stock" Burmese gems even though it appears the sale within the US is "legal" but perhaps is not ethical.

Why is paypal interpreting the law in such a heavy-handed way?  Paypal's threatening letter to me states that what I was selling was "illegal" and couldn't "use paypal" to sell my "illegal goods".  I never did have any Burmese rubies on my site anyway, nor do I own any.  But seeing so many on etsy leads me to believe that Paypal is WAY overreaching here, and that wouldn't be the first time I've heard about that.  I was selling a ruby-encrusted key pendant that I only asked $89 for, and the buyer paid using paypal. Paypal flagged me and is "investigating" me for "illegal sales".   If these were indeed "Burmese" rubies, that pendant would have cost MANY thousands of dollars, so that alone should be quite telling that I was mistaken about these rubies, calling them something they're not!  I DIDN'T KNOW!!!  I seriously thought Burmese meant it was from Thailand, and indicated a color.  That is all.