VZCZCXRO1236
PP RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #0520/01 0551703
ZNR UUUUU ZZH
P 241703Z FEB 09
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC PRIORITY 5259
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/HQ USNORTHCOM
RHMFISS/CDR USSOUTHCOM MIAMI FL
RHEHAAA/NSC WASHINGTON DC

UNCLAS SECTION 01 OF 03 MEXICO 000520 
 
SENSITIVE, SIPDIS 
 
STATE FOR EB/TPP/MTA/IPE/KEAT/URBAN 
STATE FOR WHA/MEX/WOLFSON 
STATE PASS TO USTR FOR MELLE/MCCOY/SHIGETOMI/VETERE 
STATE PASS TO JUSTICE FOR CCIPS/MERRIAM,KOUAME AND OPDAT/TRUEBELL 
AND RAMOS 
STATE PASS TO COMMERCE FOR ITA/MAC/ONAFTA/WORD 
STATE PASS TO ITA/MAC/IPR/WILSON 
COMMERCE PASS TO USPTO FOR RODRIGUEZ/BERDUT/MORALES 
 
E.O. 12958: N/A 
TAGS: KIPR ECON SNAR MX
SUBJECT: IPR TRAINING FOR MEXICAN CUSTOMS IN MONTERREY 
 
Summary 
------- 
 
¶1. (SBU) The Embassy, together with the ConGen Monterrey, the 
Departments of Justice and Homeland Security, held a three-day 
training seminar on criminal enforcement and detecting, detaining, 
and deterring the importation of pirated and counterfeit goods for 
Mexican customs and law enforcement officials in Monterrey from 
February 4-6.  The seminar was financed by DOJ grant money from 
State/INL.  The course focused on promoting interagency cooperation 
and providing the participants with the necessary tools to maximize 
the Mexican government's efforts to counter IP violations.  The 
course was led by a renowned instructor from the World Customs 
Organization (WCO), who was joined by Mexican IP experts from the 
key agencies involved in IP protection and enforcement.  As in 
previous training programs, the American Chamber of Commerce of 
Mexico coordinated a hands-on training with more than 40 famous 
brand right holders.  The Mexican reaction to the course was very 
positive; however, the program organizers learned Mexican customs 
officials are not as well trained as previously thought, a 
disproportionate emphasis is placed on Mexican customs officials to 
collect revenue, and cooperation and trust is not apparent within 
the Mexican interagency, nor shared strongly with the private 
sector.  Despite these challenges the Embassy plans to capitalize on 
the success of this event and hold additional IPR training as part 
of our cooperative efforts to strengthen IP protection and 
enforcement in Mexico.  End summary. 
 
Students and Instructors 
------------------------ 
 
¶2. (U) The February 4-6 seminar was attended by 56 Mexican customs 
officers from across Mexico, as well as 14 law enforcement officials 
from the Office of Attorney General of the Republic (PGR - or the 
Mexican Department of Justice), the Mexican Institute of Industrial 
Property (IMPI - counterpart to the U.S. Patent and Trademark 
Office), and the National Copyright Institute (INDAUTOR).  This was 
the largest audience we have ever had for these programs.  The 
senior level of the speakers from IMPI and PGR underscored the 
importance that the GOM placed on this training.  The presence of 
the Senior IPR coordinator from Mexican Customs was also highly 
significant, as he is the key to developing IPR awareness, training, 
and best practices within the customs administration. 
 
¶3. (U) DOJ funded the participation of Christophe Zimmermann, Chief 
Technical Officer of the World Customs Organization's 
Anti-Counterfeit and Piracy Unit.  Thanks to his vast experience in 
IPR issues, his excellent ability to communicate this knowledge, and 
his fluency in Spanish, Mr. Zimmermann ensured the success of this 
seminar.  He was ably assisted by Marie-Flore Kouame of the 
Department of Justice's Computer Crime and Intellectual Property 
Section; John Zarate, National Program Manager of the National 
Intellectual Property Rights Coordination Center; DHS/ICE Assistant 
Attach Manny Larragoity from Embassy Mexico City; and DHS/ICE 
Assistant Attach Bobby Silva from CG Monterrey.  (Note:  DHS/CBP 
was invited to participate, but was unable to attend.  End note.) 
 
What We Did 
----------- 
 
 
¶4. (U) Day One of the seminar was dedicated to presentations on the 
importance of IPR and the tools available to increase criminal 
enforcement and combat IP violations.  The DOJ speaker first 
outlined the importance of IP protection and enforcement.  PGR, IMPI 
and INDAUTOR officials led interactive sessions to explain their 
agencies' respective roles in IP protection and how they can assist 
customs officials in enforcing IPR at the border.  Participants 
gained an appreciation for interagency cooperation, especially when 
representatives from DHS/ICE and the IPR Coordination Center gave 
specific case studies where such cooperation yielded significant 
seizures, investigations, and arrests. 
 
 
¶5. (U) On Day 2, through the cooperation of the American Chamber of 
Commerce in Mexico, more than 40 clothing, pharmaceuticals, cell 
 
MEXICO 00000520  002 OF 003 
 
 
phones, movies and music, software, and electronic devices 
companies, set up 19 expo stands to build a stronger rapport and 
share intelligence with the various customs and law enforcement 
officials.  Small groups of 3-4 participants rotated through all of 
the expo stands, spending about 20 minutes at each.  This gave them 
time to learn directly from the right holders how to distinguish 
real goods from counterfeits as well as understand the various 
techniques that counterfeiters use to avoid detection.  According to 
the participants, this interactive "hands-on" mechanism was most 
useful, since when customs officials are inspecting shipments, or 
when law enforcement agencies are investigating these cases, they 
usually do not have original products readily available with which 
to compare and build a case. This public-private sector interaction 
was also useful in that officials developed relationships with right 
holders and now have a point of contact to call when a suspicious 
shipment is discovered. 
 
¶6. (U) The remainder of Day Two and all of Day Three were led by Mr. 
Zimmermann, Chief Technical Officer of the World Customs 
Organization's Anti-Counterfeit and Piracy Unit. He shared with the 
participants fresh insights and valuable techniques to increase 
criminal deterrence at the border, and drove them to reexamine their 
role in countering IP violations.  He walked the customs and law 
enforcement officials through several sample manifests, airway 
bills, and bills of lading, pointing out various indicators that 
should render the shipment suspect.  At the Monterrey Airport, he 
led the students through a tour of three air freight carriers' 
warehouses, pointing out types of packaging and labeling that they 
should deem suspicious.  Utilizing these practical techniques in 
situ, the participants identified a suspect shipment, and when it 
was opened, actually discovered a delivery of counterfeit apparel 
with a street value in the thousands of dollars.  Throughout the 
training, Mr. Zimmermann underscored the importance of interagency 
cooperation to gather evidence for use in building stronger criminal 
cases. 
 
Achievements, Revelations, and Next Steps 
----------------------------------------- 
 
¶7. (U) Feedback from the Mexican attendees was very positive, 
particularly with respect to the development of their skill sets in 
risk analysis, targeting, selecting, and interdicting suspect 
shipments.  The heavy focus on interagency cooperation by Customs, 
PGR, IMPI, INDAUTOR and DHS/ICE also received high marks, as did the 
right holder's participation in instructing how to identify 
infringing goods.  Participants also appreciated the personal 
connections made among the various Mexican and U.S. agencies, which 
we hope will lead to increased coordination and cooperation in 
attacking cross-border flows of pirated and counterfeit products. 
 
¶8.  (SBU) One sour note - At the last minute, customs officials 
informed ECONOFF that the Mexican officials from other agencies were 
not permitted to tour through the warehouses at the airport.  This 
impulsive obstruction by Mexican customs underscores the lack of 
transparency and distrust that must be overcome in order to fully 
maximize the Mexican government's efforts in combating IP 
violations.  Two other revelations - It became apparent through the 
three-day training event that a disproportionate emphasis is placed 
on Mexican customs officials to collect revenue on shipments rather 
than prevent the illegal entry of goods.  In addition, the airport 
exercise also revealed the lack of cooperation between Mexican 
customs and the various transporters.  For example, an air freight 
carrier that discovered counterfeit goods then shipped the goods 
back to the exporter in China instead of alerting the local customs 
authority.  To address these issues will require a more coordinated 
approach by ECON, DHS and other members of the Embassy community. 
 
¶9.  (SBU) A final revelation - Despite their enthusiasm for the 
program, many of the participating Mexican customs officials lacked 
fundamental skills that such officials should possess in order to 
assist with criminal enforcement, such as the basic understanding of 
shipping and transportation contract documents.  The absence of 
these essential skills impedes their ability to detect suspicious 
activity that can then be referred to law enforcement officials for 
criminal investigation.  This information is also critical to build 
strong criminal evidence.  For this reason, future USG 
 
MEXICO 00000520  003 OF 003 
 
 
capacity-building IP events will target the development of essential 
customs skills that will be most useful to Mexican Customs officials 
in their daily tasks and that do not necessitate the use of advanced 
technology or software. 
 
¶10.  (U) The Mexican officials have asked for additional IPR 
training, and have expressed a strong desire for Mr. Zimmermann's 
continued participation.  The Embassy plans to pursue these 
requests, and will continue to emphasize the development of 
essential customs techniques and practices, interagency cooperation, 
and collaboration with the private sector. 
 
BASSETT