VZCZCXRO3134
PP RUEHMA RUEHPA
DE RUEHUJA #2003/01 2841019
ZNR UUUUU ZZH
P 101019Z OCT 08
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 4141
INFO RUEHOS/AMCONSUL LAGOS PRIORITY 0058
RUEHZK/ECOWAS COLLECTIVE
RUEBWJA/DEPT OF JUSTICE WASH DC
RUCPDO/USDOC WASHDC
RUEATRS/TREASURY WASHDC
RUEHRC/DEPT OF AGRICULTURE WASHDC

UNCLAS SECTION 01 OF 02 ABUJA 002003 
 
SENSITIVE 
SIPDIS 
 
DEPT PASS TO USTR- AGAMA AND GARDE, EXIM-JRICHTER, USPTO-THICKEY 
DOJ FOR MARIE-FLORE KOUAME 
TREASURY FOR PETERS AND HALL 
DOC FOR 3317/ITA/OA/KBURRESS, 3130/USFC/OIO/ANESA/DHARRIS AND CLDP 
NEZERA 
USDA/FAS FOR C. MCKINNELL, R. VERDONK 
 
E.O. 12598: N/A 
TAGS: ETRD KIPR ECON EINV EAID EAGR NI
SUBJECT: NIGERIA - CUSTOMS' VIEWS ON TRADE AND IP 
 
REF: A. ABUJA 1925 
 ¶B. ABUJA 1039 
 
SENSITIVE BUT UNCLASSIFIED - NOT FOR DISTRO OUTSIDE USG 
 
¶1. (SBU) Summary:  On October 8, 2008 DepEconCouns met with Grace 
Adeyemo, Deputy Comptroller For Economic Relations at the Nigerian 
Customs Service (NCS) to discuss trade and intellectual property 
(IP) issues.  Adeyemo reported that the recent changes to Nigeria's 
trade policy that reduced banned import categories from 44 to 26 
were partly due to the Embassy's persistent advocacy over the past 
two years with the Ministry of Finance, Ministry of Commerce and 
Industry and other high-level Nigerian government officials (reftel 
A).  She stated that the NCS was fully committed to IP enforcement, 
and with USG assistance, wants to create an IP Unit/Framework to 
increase enforcement.  In addition, an amendment to the Common 
External Tariff Book for 2008-2012 has given NCS new powers to 
prosecute IP pirates.    The USG should embrace this opportunity to 
provide technical assistance and capacity building to NCS 
considering the recent major trade policy reversals.  End Summary. 
. 
USG Advocacy Changed GON Policy 
------------------------------- 
. 
¶2. (SBU) On October 8, 2008 DepEconCouns met with Grace Adeyemo, 
Deputy Comptroller For Economic Relations at the Nigerian Customs 
Service to discuss trade, and intellectual property issues.  Adeyemo 
contended that USG advocacy led to a reassessment of Nigeria's trade 
policy and that the December 2007 Trade and Investment Framework 
Agreement Council Meeting in Abuja, and the TIFA digital video 
conference (DVC) in April in Abuja greatly helped solidify and give 
impetus for the GON's reduction in import bans.  She said NCS agreed 
with the USG position on removing bans because of NCS concerns that 
the bans increased smuggling.  NCS strongly advocated within the 
interagency process to review and reduce import bans.  Adeyemo 
underscored the need for continued engagement by the USG with 
Nigerian officials this fall and winter to continue the momentum. 
(NOTE: Adeyemo is integral member of the Nigerian interagency team 
on the TIFA Council Meetings, intellectual property rights 
enforcement cooperation and issues dealing with temporary import 
licenses. END NOTE) 
. 
NCS requests USG Technical Assistance 
------------------------------------- 
. 
¶3. (SBU) Adeyemo requested that the USG provide technical assistance 
to NCS to create an IP unit.  She presented a letter from NCS to the 
Ambassador and Attorney General of the U.S. Department of Justice 
(DOJ) requesting technical assistance, capacity building and help in 
developing a strategy.  The letter also encourages rights holders 
and NCS to form a Public Private Partnership and seeks assistance 
from rightholder organizations.  Adeyemo added that she had been in 
direct contact with DOJ regarding training. 
. 
NCS Gets More Power to Seize, Arrest and Prosecute 
--------------------------------------------- ----- 
. 
¶4. (SBU) Adeyemo reported that following the June IP seminar and 
repeated USG admonitions requesting GON action to curb importation 
of pirated goods, NCS took the initiative to request an amendment to 
the proposed 2008-2012 Common External Tariff Book.  The Fiscal 
Policy Amendment now allows the NCS to "institute legal proceedings 
on matters contravening any provision of fiscal policy including all 
counterfeit materials or articles including base or counterfeit coin 
of any country" and is included in the 2008-1012 Common External 
Tariff Book announced on September 24, 2008 (reftel A).  Adeyemo 
commented that the amendment gives NCS power to search, seize, 
detain or remove contraband goods without a warrant and to begin 
legal proceedings on behalf of the Attorney General.  She noted that 
the NCS Legal Department was fully aware of this change and ready 
and willing to build cases and prosecute IPR violators. 
. 
Bilateral Investment Treaty Still on the Table 
--------------------------------------------- - 
. 
¶5. (SBU) Adeyemo shared that Tanimu Yakubu, Chief Economic Advisor 
to President Yar'Adua, had called for an interagency meeting on 
October 6 to discuss Nigeria's position on a bilateral investment 
treaty (BIT), but at the last minute the meeting was cancelled.  She 
 
ABUJA 00002003  002 OF 002 
 
 
surmised that an impending cabinet reshuffle may have caused the 
delay. 
. 
IPR Cooperation - Not There Yet 
------------------------------- 
. 
¶6. (SBU) In follow-up to the August 18-19 Optical Disk Enforcement 
Workshop in Lagos (septel), Adeyemo reported that despite her best 
efforts to form an interagency task force on IP, the Nigerian 
Copyright Commission (NCC) has not been cooperative.  She said the 
NCC failed to convene or participate in forming a task force in 
contravention of comments made by the NCC at the August workshop. 
 
¶7. (SBU) COMMENT: USG trade policy advocacy has led to a reduction 
in import bans and increased awareness and interagency involvement 
of the NCS on IPR.  The NCS is taking a major step forward in trying 
to intercept pirated goods destined for Nigeria and other parts of 
Africa.  Plans for a USPTO sponsored Customs workshop in the 
March-May 2009 timeframe would serve as an excellent example of the 
USG stepping up to the plate to engage with a Nigerian agency ready, 
willing and able to reduce pirated products in Nigeria.  END COMMENT 
 
 
¶8. (U) This cable was coordinated with Consulate Lagos. 
 
PIASCIK