DHS and CBP Should Improve Intellectual Property Rights Management and Enforcement - Law Enforcement Sensitive

Submitting OIG:

Report Description:

The objective was to determine the extent to which the Department of Homeland Security and U.S. Customs and Border Protection (CBP) manage and enforce the priority trade issue related to intellectual property rights (IPR).

Date Issued:

Monday, July 18, 2022

Agency Reviewed / Investigated:

Department of Homeland Security

Submitting OIG-Specific Report Number:

OIG-22-52

Component, if applicable:

United States Customs and Border Protection (CBP)

Location(s):

Agency-Wide

Type of Report:

Audit

Questioned Costs:

Funds for Better Use:

Number of Recommendations:

View Document:

Attachment	Size
OIG-22-52-Jul22-Redacted.pdf	3.39 MB

Recommendation Number	Recommendation Status	Significant Recommendation
1	Open	No
We recommend the Assistant Secretary for Trade and Economic Security of DHS’ Office of Strategy, Policy, and Plans, in coordination with ICE and CBP, develop, implement, and monitor a departmental strategic, risk-based approach for managing and enforcing intellectual property rights.
2	Open	No
We recommend the Executive Assistant Commissioner for CBP Office of Trade: a. develop and implement standard operating procedures for the IPR Division’s official responsibilities and activities, including procedures for developing strategic planning documents and evaluating IPR seizure statistics to measure its strategic planning goals; b. quarterly monitor and document CBP’s progress toward key IPR activities and strategies reported to Congress; c. develop and define and implement a repeatable process for documenting changes to IPR seizure data; d. establish a standard operating procedure for reconciling and reporting IPR seizure data; and e. assign responsibility to trade officials for coordinating the correction of inaccurate IPR seizure data when identified.
3	Open	No
We recommend the Deputy Commissioner for CBP assign responsibility to an office to develop a strategic risk assessment for its IPR Priority Trade Issue.
4	Open	No
We recommend the Executive Assistant Commissioner for CBP Office of Field Operations: a. establish criteria for when to convert informal targeting efforts to formal targeting rules, and b. develop and implement a process to increase monitoring and oversight of IPR targeting.
5	Open	No
We recommend the Executive Assistant Commissioner for CBP Office of Field Operations direct the coordinated establishment and implementation of a national database for recording non-seizure events, such as abandonments and return-to-sender.
6	Open	No
We recommend the Executive Assistant Commissioner of the Office of Field Operations and the Executive Assistant Commissioner of the Office of Trade consult with the CBP Office of Chief Counsel to interpret the intellectual property rights seizure statutes and establish parameters and oversight procedures for ports to determine their own seizure thresholds or alternatives to seizure, as appropriate.
7	Open	No
We recommend the Executive Assistant Commissioners for CBP Office of Field Operations and Office of Trade establish a tracking mechanism for IPR investigative referrals to ICE.

Recommendation Number

Recommendation Status

Significant Recommendation

Additional Details

Open

We recommend the Assistant Secretary for Trade and Economic Security of DHS’ Office of Strategy, Policy, and Plans, in coordination with ICE and CBP, develop, implement, and monitor a departmental strategic, risk-based approach for managing and enforcing intellectual property rights.

Open

We recommend the Executive Assistant Commissioner for CBP Office of Trade: a. develop and implement standard operating procedures for the IPR Division’s official responsibilities and activities, including procedures for developing strategic planning documents and evaluating IPR seizure statistics to measure its strategic planning goals; b. quarterly monitor and document CBP’s progress toward key IPR activities and strategies reported to Congress; c. develop and define and implement a repeatable process for documenting changes to IPR seizure data; d. establish a standard operating procedure for reconciling and reporting IPR seizure data; and e. assign responsibility to trade officials for coordinating the correction of inaccurate IPR seizure data when identified.

Open

We recommend the Deputy Commissioner for CBP assign responsibility to an office to develop a strategic risk assessment for its IPR Priority Trade Issue.

Open

We recommend the Executive Assistant Commissioner for CBP Office of Field Operations: a. establish criteria for when to convert informal targeting efforts to formal targeting rules, and b. develop and implement a process to increase monitoring and oversight of IPR targeting.