Recommendation: The Commissioner of CBP should take steps to evaluate the effectiveness of CBP's IPR enforcement efforts, such as by improving its metrics to track the overall effectiveness of its IPR enforcement efforts, evaluating selected activities to enhance IPR enforcement, and developing a process to assess and share information on port-led initiatives to enhance IPR enforcement (Recommendation 1)
Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open
Comments: CBP concurred with this recommendation. In September 2018, CBP stated that it had established an IPR working group that meets every 4-6 weeks to implement its Fiscal Year 2018 IPR Strategic Plan and develop priorities and metrics. CBP stated that, in these meetings, headquarters and field personnel share information on the results and effectiveness of local and national port initiatives and develop policies for improving IPR enforcement. Additionally, CBP provided evidence that it has begun efforts to improve its tracking of metrics and evaluation of selected activities to enhance IPR enforcement. For example, CBP provided data for 5 of the 16 measurement indicators included in its IPR Strategic Plan. Additionally, the IPR Strategic Plan includes at least 5 action items to assess or evaluate aspects of CBP's IPR enforcement. As of February 2020, CBP officials indicated they are continuing to work on these efforts. We will continue to monitor their implementation.
Recommendation: The Commissioner of CBP, in consultation with ICE, should assess what, if any, additional information would be beneficial to share with the private sector and, as appropriate, take action to enhance information sharing, where possible, such as by proposing regulatory revisions or requesting additional legal authorities from Congress. (Recommendation 2)
Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open
Comments: CBP concurred with this recommendation. CBP stated that, in May 2018, it briefed the Senate Finance Committee on six policy goals to improve IPR, import safety, and e-commerce enforcement that require additional legislative authority to implement. In December 2018, CBP stated that it had identified the need to establish an information sharing structure for e-commerce as a first step in implementing its E-Commerce Strategy. CBP officials stated that they would work with offices throughout CBP and with key stakeholders in the trade community and the Commercial Customs Advisory Committee (COAC) to build an information sharing structure and identify the necessary statutory and regulatory changes to implement it. CBP said that, when statutory changes have been identified, it will work through the interagency process to make any necessary Congressional recommendations. In January 2020, the Department of Homeland Security published a report that identified actions to combat trafficking of counterfeit and pirated goods in conjunction with the private sector. These actions included steps to share additional information with the private sector. For example, the report said that when CBP identifies suspected counterfeit merchandise that is destined for a U.S. fulfillment center or warehouse, it will notify the e-commerce platform or other third-party intermediary operating the facility. This will allow the operator of the fulfillment center or warehouse to remove or destroy any identical items from the same seller in coordination with rights holders. The report also recommends the formation of the Anti-Counterfeiting Consortium to Identify Online Nefarious Actors and a framework for sharing information with sellers, shippers, and other third-party intermediaries. If implemented, these steps could help to enhance information sharing with the private sector. GAO continues to monitor the implementation of these actions.
