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  2. Border Security
  3. At Ports of Entry
  4. Resource Optimization Strategy
  5. Public-Private Partnerships
  6. Donations Acceptance Program
  7. Donations Acceptance Program - Intellectual Property Rights Enforcement Tool Donations

Donations Acceptance Program - Intellectual Property Rights Enforcement Tool Donations

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.

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

Engage Plan Execute Sustain

Engage with prospective partner

Address information technology, privacy concerns and other implementation considerations

Fully execute partnership agreement and issue press release

Monitor use

Fold in appropriate subject matter experts

Provide input on training content

Deploy tools, software, or other trade enforcement/facilitation solutions

Address technical issues as they arise

Evaluate the opportunity for technical and operational merit

Identify locations in need

Address immediate technical issues

Redeploy tools within portfolio as necessary

Establish rollout strategy

Conduct training

Coordinate with partner to continuously gauge solution effectiveness


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.

Operational Criteria Technical Criteria
Operational Impact Funding & Financing Strategy (Technical)
Funding & Financing Strategy (Operational) Project Duration & Timeline
Health & Safety Requirements Technical Feasibility
Economic & Community Benefits Planning Implications
Community Support Proposal Support
Other Agency Support for Operations Environmental & Cultural Resources

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

Operational Criteria

Criteria Example Evaluation Factors
Operational Impact
  • Whether the proposal poses an adverse impact to existing local and regional CBP operations.
  • Whether the proposal presents existing and future CBP operational benefits.
Funding & Financing Strategy (Operational)
  • Whether the proposal presents a sound strategy for accommodating CBP’s exposure to operating costs (e.g., salaries, overtime, equipment, and technologies); specifically, what is being donated?
  • Whether the prospective donor’s overall funding and financing strategy for these costs appears to be viable, i.e., how it is being funded.
Health & Safety Requirements
  • Whether the proposal presents a sound strategy for sustaining or enhancing employee and public health and safety conditions both during and following donation acceptance.
Economic & Community Benefits
  • Whether the proposal presents measurable local, regional and national economic and community benefits, including enhanced trade and IPR enforcement actions.
Community Support
  • Whether the proposal has the support of all impacted local and regional stakeholders.
Other Agency Support for Operations
  • Whether the proposal addresses the ability of other agencies to provide operational support based on new or increased capacity, hours, location, or workload increases.
Project Duration & Timeline
  • Whether the proposal presents a feasible planning, development and delivery strategy that poses no to minimal adverse impact on current and future operations.

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

Technical Criteria

Criteria Example Evaluation Factors
Funding & Financing Strategy (Technical)
  • Whether the proposal presents a sound strategy for accommodating CBP exposure to planning, design, and deployment-related costs of tools, in addition to first and out-year sustainment costs (e.g., equipment and technology operations and maintenance); specifically, what is being donated?
  • Whether the prospective donor’s overall funding and financing strategy for these costs appears to be viable, i.e., how it is being funded.
Technical Feasibility
  • Whether the proposed technology adequately protects identifying information from disclosure except to the right holder in accordance with 19 CFR § 133.21.
  • Whether the proposal purports to comply with all applicable laws, regulations and technical and security standards.
  • Whether the proposal appears compatible with existing equipment and technologies and established securities and protocols.
  • Whether the proposed technology maintains a complete record of communication between the right holder and CBP personnel.
Planning Implications
  • Whether the proposal is consistent with CBP’s current list of out-year investment priorities.
  • Whether the proposal comports with the out-year planning priorities of CBP’s interagency and international partners.
  • Whether the proposal’s planning and delivery schedule appears to be both reasonable and accurate.
Proposal Support
  • Whether the proposal has public support at the political, national or regional levels, or any combination thereof.
  • Whether the proposal has support from all affected federal agencies.

*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.

 
Proposal Viability Technical Feasibility Planning Implications
  • Safety Requirement Compliance
  • Public Support
  • Federal Agency Support
  • Recommended Donor Qualifications
  • Is mark recorded with CBP for IPR protection (Trademark and Copyright)
  • Record Retention
  • General Technical Feasibility
  • Design Standards & Technical Specifications
  • Systems Compatibility
  • Technical Scalability
  • Security Requirements
  • Internal Agency Need Alignment
  • External Agency Need Alignment
  • Detailed Planning & Delivery Schedule
  • Interagency & International Planning & Execution Readiness
  • Sustainability Requirements

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

Donation Acceptance Process

Pre-Proposal Evaluation & Selection Phase I: Proposal Evaluation & Selection Phase II: Proposal Planning & Development Phase III: Donation Acceptance Agreement
Connect with and educate external stakeholders and prospective donors. Within 60 days of proposal receipt, Evaluation Leads and SMEs conduct preliminary review and send requests for clarification, if necessary. Formalize planning and development activities, anticipated timelines, and roles and responsibilities. Negotiate and sign Donation Acceptance Agreement formalizing the terms and conditions under which CBP may accept a donation.
Provide frontend feedback re: operational and technical viability. Prospective donor responds to clarification requests. Plan and develop conceptual proposal into an executable project. Proceed to project execution.
  Evaluation Leads conclude evaluation; reach consensus on proposal recommendation. Confirm project execution readiness.  
  Senior leadership reviews and either approves or disapproves the recommendations.    
  Approval announces; notification letter issued within 180 days of receiving a completed proposal.    

*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.

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 43 infrastructure, personal property, and IPR enforcement agreements, facilitating more than $251 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

Partner Name Port of Entry

Cisco Systems

Multiple Locations

Nike, Inc.

Multiple Locations

OtterBox

Multiple Locations

Procter & Gamble

Multiple Locations

Apple, Inc.

Multiple Locations
Last Modified: Feb 15, 2024