Donations Acceptance Program - Intellectual Property Rights Enforcement Tool Donations

Legal and Regulatory Authority

The DAP is authorized under 6 U.S.C. § 301a, and consistent with 19 CFR 133.61 as mandated by Section 308(d) of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA).
 

IPR Program Scope

The DAP and its underlying legal authorities enable CBP to enter into partnerships with public and private sector stakeholders to accept:

• Personal Property, including, but not limited to:
  • Equipment
  • Technology
  • Product authentication tools
  • Software
  • Money for procurement purposes
• Non-Personal Services, including, but not limited to:
  • Training
  • Operations and maintenance
  • Installation and deployment of equipment and technologies

Accepted donations may be used in support of a wide array of CBP operations and may include: inspection technologies, IPR enforcement tools, and more.
 

Partnership Benefits

The DAP's goal is to work with border community and trade stakeholders to help equip CBP's frontline officers and trade specialists with the tools and capabilities they need to operate more effectively. In doing so, the DAP aims to foster and facilitate partnerships that yield mutual benefits for both CBP and its program partners. Program partner benefits include, but are not limited to:

• Systematic deployment of authentication tools to the areas of greatest need with flexibility to disseminate ad hoc at educational seminars and other in-person trainings.  
• Pre/post-deployment regarding authentication tool operation and functional issues as well as training needs.
• Coordinated planning and development on new and innovative ideas and concepts.  
• Continuous, long-term feedback and reporting regarding authentication tool usage, seizures, efficacy, and evolving operational needs.
• Increased throughput and supply chain efficiencies.

Partnership Lifecycle

Contact Us

If interested in exploring partnership opportunities with CBP or for more information, please contact the DAP at DAP@cbp.dhs.gov.

How to Apply

To request participation in this program as a donor, a detailed proposal should be submitted to DAP@cbp.dhs.gov. The submission period is open indefinitely.

The prospective donor will be notified of receipt of their proposal and may be asked to provide additional information. Each proposal will be evaluated based on certain criteria, and CBP will select those who have demonstrated viability with CBP’s activities within the Office of Field Operations (OFO) and its inspection facilities.

Interested applicants, who have designated authority on behalf of their entity, are encouraged to coordinate with the affected CBP field office and ports of entry in developing their proposal. Proposal submissions are requested to be on a business letterhead and address the criteria in the application requirements section.
 

Donation Proposal Evaluation Criteria

The following outlines the criteria that CBP will use to evaluate donation proposals submitted under Section 482, as well as statutory provisions under 19 CFR § 133.61. These criteria satisfy the requirements set forth in subparagraph (c)(3) of Section 482, which states that CBP must consider the following when determining whether to select a donation proposal:

• The impact of the proposal on the land, sea or air port of entry at issue and other ports of entry or similar facilities near the location of the proposed donation;
• Such proposal’s potential to increase trade and travel efficiency through added capacity;
• Such proposal’s potential to enhance the security of the port of entry at issue;
• Such proposal’s potential to enhance the enforcement of recorded marks, as set forth and defined in 19 CFR 133;
• Such proposal’s mark potential to be recorded with CBP, under 19 CRF 133.1and 19 CFR 133.2 for Trademarks, and 133.31 and 133.32 for Copyrights;
• Such proposal’s potential to comply with information sharing limitations in 19 CRF 133.21, and any subsection as applicable;
• The funding available to complete the intended use of such donation;
• The costs of maintaining and operating such donation;
• The impact of such proposal on CBP staffing requirements, if any; and
• Other factors that the Commissioner of CBP determines to be relevant.

Application Requirements

At a minimum, to satisfy the above consideration requirements, CBP will evaluate each proposal against the below criteria to determine overall proposal viability. The criteria are organized into two separate categories: operational criteria and technical criteria.

*The criteria that are applicable to the proposal should be addressed.
 

Operational Criteria

*The criteria that are applicable to the proposal should be addressed.
 

Technical Criteria

*The criteria that are applicable to the proposal should be addressed.
 

Appendices/Exhibits

Please include as you feel appropriate, any additional documentation in support of your proposal including drawings and schematics, letters of support, etc.
 

Checklist of Planning, Development, & Execution Considerations

CBP and the recommended Donor cross-check against the following non-exhaustive list of considerations during Phase II: Proposal Planning and Development to facilitate arriving at an executable donation that fulfills CBP’s operational needs at an acceptable cost, schedule, and risk. For risk management purposes, these considerations are further cross-checked during project execution.

*The criteria that are applicable to the proposal should be addressed.
 

Donation Acceptance Process

*Pre-Proposal Evaluation & Selection is included to describe prospective donor outreach and education, as well as proposal submission activities leading up to Phase I.
 

Program Requirements

If tentatively selected, donor must meet the following requirements for project implementation:

• Sign a binding Donation Acceptance Agreement (DAA);
• If applicable, sign a Memorandum of Understanding (MOU);
• If applicable, complete a Non-Disclosure Agreement (NDA);
• Agree to terms and regulations as required by Section 482 of the Homeland Security Act, 2002, as amended by the Cross-Border Trade Enhancement Act, 2016;
• If applicable, agree to provide advance funding as per CBP’s guidelines and instructions; and
• Complete a site visit where CBP officials visit to discuss project specifics, and verify that facilities and equipment meet CBP’s specifications as required.

April 23, 2024

U.S. Customs and Border Protection (CBP) announced today a new partnership with Canon U.S.A., Inc., to help prevent counterfeit products from entering the United States.

Under this new partnership, which is part of CBP’s Donations Acceptance Program, Canon will donate 328 verification tools to CBP cargo and mail facilities to aid in authenticating a variety of Canon merchandise.

“Every day across America, the men and women of CBP use cutting edge technology to address threats to the Homeland while simultaneously acquiring and deploying new capabilities like this to meet new threats,” said Acting Executive Assistant Commissioner Diane J. Sabatino. “This partnership will greatly improve our trade enforcement operations in counterfeit and pirated goods to protect America’s innovation economy, the competitiveness of our businesses, the livelihoods of U.S. workers, the health and safety of consumers and out national security.”

To deter the importation of illicit goods and protect U.S. consumers and businesses, CBP utilizes a proactive, aggressive, and dynamic enforcement approach to Intellectual Property Rights (IPR) enforcement. CBP’s enforcement efforts are strengthened by stakeholder collaboration and innovative approaches such as the CBP and Canon partnership.

“Canon is committed to protecting its customers in the United States, as well as globally, from the health and safety risks that counterfeits may pose to their person and property. CBP is at the front line of our U.S. anti-counterfeiting strategy every day,” said Seymour Liebman, Canon U.S.A., Inc.’s Executive Vice President, Chief Administrative Officer and General Counsel. “This donation complements our long-term goal to provide CBP with the necessary tools, training and support to combat illicit trade. This newest donation with Canon will facilitate the identification and removal of counterfeit goods from the U.S. stream of commerce. Canon believes that we can send a strong deterring message to those individuals and companies who seek to unlawfully profit from Canon’s outstanding reputation by infringing its intellectual property rights and covertly put U.S. citizens at risk.”

The Donations Acceptance Program enables CBP to accept tools and technology to enforce intellectual property rights. Public-private partnerships are a key component of CBP’s Resource Optimization Strategy and allow CBP to provide new or expanded services and infrastructure at domestic ports of entry.

Suspected IPR violations, fraud or illegal trade activity can be reported by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT. Violations can also be reported to the National Intellectual Property Rights Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.

May 20, 2021

U.S. Customs and Border Protection announced a new formal partnership arrangement with NIKE, Inc. today as part of the Donations Acceptance Program.  Under its partnership with CBP, NIKE, Inc. is donating proprietary technology to aid in authenticating a variety of NIKE, Inc. merchandise and prevent counterfeit products from entering the United States.  CBP and NIKE, Inc. will test the tool at a limited number of international mail and express consignment facilities. 

“As criminal organizations use proceeds from counterfeit sales to fund other illegal activity, our partnerships help strengthen our border security posture through innovation and resource optimization,” said Diane Sabatino, Deputy Executive Assistant Commissioner of the CBP Office of Field Operations. “Our partnerships with stakeholders are vital to CBP’s enforcement mission and continued success in protecting U.S. businesses and consumers from counterfeit goods.”

Trade in counterfeit and pirated goods threatens America’s innovation economy, the competitiveness of businesses, and, in some cases, national security and the health and safety of consumers.  To deter the importation of illicit goods and protect U.S. consumers and businesses, CBP has developed a proactive, aggressive and dynamic enforcement approach to Intellectual Property Right (IPR) enforcement.

In Fiscal Year 2020, CBP personnel nationwide seized 26,503 shipments containing counterfeit goods that would have been worth nearly $1.3 billion had they been genuine. CBP’s enforcement efforts are strengthened by stakeholder collaboration and innovative approaches such as the CBP and NIKE, Inc. partnership.

The Donations Acceptance Program enables CBP to accept tools and technology to enforce intellectual property rights.  Public-private partnerships are a key component of CBP’s Resource Optimization Strategy and allow CBP to provide new or expanded services and infrastructure at domestic ports of entry. For more information, visit www.CBP.gov/DAP.

For more information about the risks associated with purchasing counterfeit goods, visit CBP’s Fake Goods, Real Dangers website and read CBP’s e-Commerce Awareness Guide. Additional tips for protecting your family from counterfeit goods are available at StopFakes.gov.

Suspected IPR violations, fraud or illegal trade activity can be reported by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.  Violations can also be reported to the National Intellectual Property Rights Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.

June 21, 2019

U.S. Customs and Border Protection and Cisco Systems partnered on an operation resulting in the seizure of counterfeit electronics entering the United States March 12.

The operation was part of continued collaboration efforts with Cisco that began in 2018. The partnership developed and deployed eight barcode scanners to four ports and provided secured access to specialized tools which CBP officers and import specialists used to identify counterfeit Cisco products.

Officers from CBP’s New York Field Office, import specialists from the Electronics Center of Excellence and Expertise (ECEE), and representatives of CBP’s Donations Acceptance Program conducted the operation, which targeted shipments specific to Cisco entering through the John F. Kennedy Port of Entry. The donated tools helped CBP personnel to accurately validate the authenticity of 49 of the 56 shipments yielding a Manufacturer Suggested Retail Price (MSRP) of $626,880. 

Counterfeit and pirated goods pose a threat to the health and safety of U.S. consumers. Counterfeit electronic goods also pose a high security risk for U.S. consumers and companies. Cisco provides secure networking technology and related components for use in a wide variety of sectors, including large enterprises such as the financial sector, service providers, and U.S. military and government entities.

CBP is authorized by law to accept donations of technology that can be used for IPR enforcement.

Suspected IPR violations, fraud or illegal trade activity can be reported by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT. Violations can also be reported to the National Intellectual Property Rights Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.

September 1, 2018

Garrett Wright, Branch Chief of the Donations Acceptance Program (DAP) and Kevin McPherson, Director of Brand Protection for Otter Products, sat down with the International Trademark Association (INTA) to be interviewed for the INTA Bulletin.  The interview covered the DAP's scope and success and what benefits private industry can expect from partnering with CBP through the DAP.

June 27, 2018

U.S. Customs and Border Protection (CBP) announced today a new formal partnership arrangement with Otter Products, LLC, maker of OtterBox and LifeProof brand phone cases, as part of the Donations Acceptance Program. Under its partnership with CBP, Otter Products will donate authentication devices for CBP officers and import specialists to use to quickly and accurately detect counterfeit Otter Products merchandise entering the United States.

“Building off the success of localized enforcement efforts, CBP is now working hand-in-hand with Otter Products to target and deploy authentication devices on a nation-wide scale,” said Todd C. Owen, Executive Assistant Commissioner, Office of Field Operations. “CBP’s formal partnership with Otter Products will help us broadly deliver these highly effective tools to the front line officers and trade specialists who need them most.”

As part of its rigorous and ongoing brand protection efforts, Otter Products intends to partner with CBP for the long term by resupplying and, if necessary, upgrading authentication devices as CBP’s detection needs evolve.

“CBP’s formal partnership with Otter Products extends well beyond the initial deployment of authentication devices,” said Brenda B. Smith, Executive Assistant Commissioner, Office of Trade. “Our goal is to provide continuous, organized feedback to Otter Products pertaining to the ongoing use of these devices, their effectiveness, and opportunities to improve upon them so that we may jointly outpace those who seek to profit off counterfeit goods.”

The Donations Acceptance Program broadly enables CBP to accept donations of real property, personal property (including monetary donations) and non-personal services from public and private sector entities in support of CBP operations. Accepted donations may be used for port of entry construction, alterations, operations, and maintenance activities.

Public-private partnerships are a key component of CBP’s Resource Optimization Strategy and allow CBP to provide new or expanded services and infrastructure at domestic ports of entry. For more information, visit www.CBP.gov/DAP.

February 22, 2018

The Donations Acceptance Program held a webinar on Wednesday, February 21st from 2:00 p.m. to 3:00 p.m. EST for interested public and private sector representatives to provide general program and partnership information for engaging with CBP for donations to enforce Intellectual Property Rights.

The webinar was recorded and can be viewed be viewed here in its entirety.in its entirety. If you are interested in additional information, a copy of our Quick Reference Guide or any other programmatic information, please contact us at DAP@cbp.dhs.gov.

February 15, 2018

The U.S. Customs and Border Protection (CBP) announced today a new formal partnership arrangement with Procter & Gamble (P&G), as part of the Donations Acceptance Program, to prevent counterfeit P&G products from entering the United States. As part of the partnership, P&G will donate testing devices to verify the authenticity of various P&G products. The devices will help CBP officers and trade specialists quickly determine the legitimacy of the product, reducing the possibility of counterfeit goods from entering the U.S. stream of commerce.

"Intellectual Property Rights enforcement is a CBP priority trade issue, so we are pleased to announce the first formal partnership approved under the Donations Acceptance Program to aid in the fight against counterfeits," said Office of Field Operations Executive Assistant Commissioner Todd C. Owen. "CBP's continued partnership with P&G will help equip our officers with the tools needed to more effectively detect and seize counterfeit P&G products entering the United States."

P&G intends to partner with CBP for the long term by resupplying and if necessary, upgrading donated testing devices as CBP's detection needs evolve.

CBP views its formal partnership with P&G as an important and significant step towards collaborating on mutually beneficial Intellectual Property Rights solutions," said Office of Trade Executive Assistant Commissioner Brenda B. Smith. "Our long-term agreement with P&G will help strengthen CBP's immediate and future ability to protect the P&G brand and U.S. consumers."

The Donations Acceptance Program enables CBP to collaboratively explore and implement solutions to trade and travel facilitation and enforcement challenges. This is the first formal partnership arrangement under the Donations Acceptance Program for Intellectual Property Rights enforcement to implement Section 308(d) of the Trade Facilitation and Trade Enforcement Act of 2015. Section 308(D) required CBP to prescribe regulatory procedures for the donations of technologies, training, or other related services for the purpose of assisting CBP in Intellectual Property Rights enforcement.

To learn more about the full CBP news release.

The Donations Acceptance Program

The Donations Acceptance Program (DAP) is a partnership mechanism to collaboratively explore and implement tangible solutions to trade and travel facilitation and enforcement challenges.  The DAP is authorized to accept donations of real property, personal property, and non-personal services from private sector and government entities.

The DAP oversees two major partnership portfolios: Infrastructure/Personal Property and Intellectual Property Rights (IPR) enforcement technology.  The latter consists primarily of IPR enforcement partnerships aimed at protecting CBP's trade stakeholders and U.S. consumers from counterfeit and potentially unsafe goods.
 

Program Impacts

Since inception, CBP has entered into 47 infrastructure, personal property, and IPR enforcement agreements, facilitating more than $256 million in planned and realized investments in U.S. port of entry improvements and other mission enhancements.

The program continues to expand as new agreements are signed every year. Below are a few entities that CBP has partnered with to provide IPR related enforcement tools.
 

Partnerships