Import and export regulations for Thoroughbreds are simpler than they appearThe world of the Thoroughbred has truly become a global village. From all indications, the level of interest in international racing is at an all-time high. Events such as the Breeders' Cup, the Japan Cup (Jpn-G1), and the Triple Crown races now regularly draw strong international fields. Furthermore, the breeding and sale of Thoroughbreds has become internationalized. A growing number of horses now have stallion duty in two hemispheres. Overseas interests continue to be among the most prominent buyers at our yearling sales.
One result of this trend is that there is great interest in the import and export of horses. At first blush, the United States regulations that govern the import and export of Thoroughbreds seem to be a complex and convoluted web. However, those regulations seek to achieve a fairly narrow and simple set of objectives.
One fact is important to remember in discussing the regulations: While a horse may be imported or exported if its import or export meets specific requirements stated in the regulations, the administrator of the Animal and Plant Health Inspection Service (APHIS, the agency which supervises the import and export of Thoroughbreds) of the U.S. Department of Agriculture may allow horses to be imported and exported under conditions the administrator prescribes.
There are three principal rules which govern the importation of any Thoroughbred. First, any Thoroughbred presented for import must be accompanied by an import permit that provides basic information about the horse, including its identity and activities. Second, the importer must demonstrate in some form that the horse is free from contagious equine metritis (CEM) and other communicable diseases. Third, virtually all such Thoroughbreds are subject to quarantine, the length of which depends on each horse's country of origin, exposure to communicable disease, and other factors.

Permanent importation
The vast majority of horses that are permanently imported into the U.S. are exported from France, the United Kingdom, Ireland, and Germany. It is not surprising, therefore, that such horses may be permanently imported by complying with three relatively relaxed requirements. First, the horse must be accompanied at the port of entry by the import permit. Second, the importer must provide at the time of importation a certificate signed by an approved veterinarian of the export country. This certificate provides information concerning the veterinarian's examination of the horse's training records and the testing performed for CEM. This certificate must also be endorsed by an official of the national veterinary service of such country, which certifies that the veterinarian who prepared the certificate is qualified to do so. Third, the horse must be quarantined upon arrival in the U.S. until results of tests taken for certain diseases are negative.
An import that does not meet these standards because of the horse's country of origin, previous affliction with CEM, or for other reasons must qualify for importation under other provisions. The other provisions are designed to demonstrate the identity of the horse and, at the time of its import, its freedom from CEM or other communicable diseases. Those horses also must be quarantined until the results of port-of-entry tests are received. A simplified procedure is available for horses imported from other North American countries.

Temporary importation
As fall approaches, the number of horses who will be temporarily imported into the U.S. to compete in major races will increase. Horses that are temporarily imported are subject to many of the same requirements as horses who are permanently imported. Generally, temporary imports are entitled to remain in the U.S. for not more than 90 days. Such horses must be accompanied at the time of import by an import permit, which for temporary imports must also contain information concerning the horse's itinerary. Except when in transit, such horses must be kept at a location which is approved by APHIS, and that location must meet certain requirements. That location may be (and often is) the racecourse where the horse will compete.
While the horse is present in the U.S., it may not have contact with other horses except while exercising or competing. Often this can be easily arranged at the racecourse where the horse is to compete by stabling the horse in a separate barn. Its activities will be supervised by APHIS to verify compliance with APHIS regulations. Additionally, a number of regulations address the horse's transit while in the U.S. Like all other imports, the temporary import will be subject to a quarantine-although the racecourse may be the quarantine site, provided that APHIS consents.
As many importers have learned, temporary imports can be expensive for many reasons. APHIS regulations provide that all costs APHIS incurs in supervising the horse's activities while in the U.S. must be borne by the importer. The importer is obligated to enter into a trust fund agreement in an amount which equals the anticipated costs to APHIS to supervise the horse's activities.
While importers commonly change their plans for temporarily imported horses, any change in the itinerary of such a horse from what is specified in the import permit requires the consent of the administrator of APHIS.

Exportation
The regulations which control exportation are less complex than those which govern importation. And, as noted above, the administrator of APHIS may permit the export of a horse under conditions the administrator specifies.
Any horse may be permanently exported if it meets two major requirements. First, it must be accompanied from the state of origin by a health certificate that states that the horse was inspected within the 30-day period prior to exportation and found to be healthy and free from communicable disease. This certificate must identify the horse and be signed by an APHIS authorized veterinarian. The second major requirement is that the horse must be inspected at a qualified export facility. If the horse is found to be healthy, sound, and free from communicable disease, an export certificate will be issued, and the horse may then be exported.

Temporary exportation
Some horses that are temporarily exported from the U.S. may be eligible to return without complying with the import regulations described above. The exemption from such requirements is available for horses who have been exported for not more than 60 days to countries which experienced an outbreak of CEM (roughly speaking, European countries and Japan).
Such horses may be imported if: 1) they are accompanied at the port of entry by the health certificate issued in contemplation of export, the import permit, and a certificate providing various information regarding the horse's activities while in such country or countries; 2) if an examination at the port of entry demonstrates the horse's identity and that they are free from communicable disease; and 3) they are subject to a quarantine.
Horses who cannot meet this standard, such as those who will compete in the World Dubai Cup in March, 1996, must either comply with the import requirements or obtain the approval of the APHIS administrator to import under other conditions.
There are steps that an importer can take to minimize the cost and dislocation of importing and exporting. For temporary imports, the importer should enlist the aid of the racetrack where the horse is to perform. It is in that racetrack's interest to ensure that the import is successful.
The importance of planning and organization cannot be understated. The importer's legal counsel, veterinarian, trainer, and other agents must work in concert in order for the importation to proceed smoothly. An importer who seeks to import a horse under conditions the administrator of APHIS specifically approves must show that the import presents no danger to American bloodstock. The importer should take every step to assure the administrator in such cases that the horse will pose no such danger. This may require the importer to plan the horse's activities well in advance, and make arrangements for the horse's transportation, care, and handling which minimize that risk.