Memorandum to: ACTA Negotiators
Subject: Business Perspectives on Border Measures and Civil Enforcement
From: Concerned Business Groups Operating in ACTA Nations
Date: July 29, 2008

In light of the upcoming second meeting of the negotiators of the Anti-Counterfeiting Trade Agreement (ACTA) scheduled for July 29-31 in Washington D.C., the undersigned business associations would like to provide specific perspectives on provisions related to border measures and civil enforcement.

It is our understanding that discussions on border measures are expected to conclude shortly and that civil enforcement will be the subsequent topic in the ACTA negotiations. With this understanding, we have compiled the below recommended provisions, which we find crucial to effectively address border measures and civil enforcement issues in ACTA.

Furthermore, we would like to express our appreciation to the negotiating nations that have engaged the business community in collecting comments on ACTA. We look forward to more opportunities to engage with you and to receive additional details on the negotiations so that we can better provide relevant comments and information.

Recommendations for Border Measures:

ACTA, at a minimum, should include provisions for border measures that:

1. Extend greater authority and effective powers to local customs and enforcement authorities and provide ex officio authority for customs authorities to suspend import, export and trans-shipment of goods, including merchandise in free trade zones, which are suspected of being counterfeited or pirated. Significantly increase inspections of exports/imports to find shipments of counterfeit or pirated goods and refer such findings to appropriate authorities for investigation and prosecution. 2. In cases where relevant authorities have seized goods that are counterfeit or pirated, require authorities to inform the right holder of the names and addresses of the consignor, importer, exporter or consignee.

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