Identifier
Created
Classification
Origin
07NASSAU1051
2007-08-23 21:15:00
CONFIDENTIAL
Embassy Nassau
Cable title:  

BANNISTER PLEDGES STRONGER BAHAMIAN IPR ENFORCEMENT

Tags:  ECON PGOV KJUS KIPR BF 
pdf how-to read a cable
VZCZCXYZ0001
RR RUEHWEB

DE RUEHBH #1051/01 2352115
ZNY CCCCC ZZH
R 232115Z AUG 07
FM AMEMBASSY NASSAU
TO RUEHC/SECSTATE WASHDC 4656
INFO RUCNCOM/EC CARICOM COLLECTIVE
C O N F I D E N T I A L NASSAU 001051 

SIPDIS

SIPDIS

EB FOR JEN BOGER; WHA FOR RBUDDEN

E.O. 12958: DECL: 08/18/2017
TAGS: ECON PGOV KJUS KIPR BF
SUBJECT: BANNISTER PLEDGES STRONGER BAHAMIAN IPR ENFORCEMENT

REF: A. 06 NASSAU 01855

B. SECSTATE 56800

C. NASSAU 009

Classified By: Charge d'Affaires, a.i. D. Brnt Hardt, Reason 1.4 (b).

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SUMMARY
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C O N F I D E N T I A L NASSAU 001051

SIPDIS

SIPDIS

EB FOR JEN BOGER; WHA FOR RBUDDEN

E.O. 12958: DECL: 08/18/2017
TAGS: ECON PGOV KJUS KIPR BF
SUBJECT: BANNISTER PLEDGES STRONGER BAHAMIAN IPR ENFORCEMENT

REF: A. 06 NASSAU 01855

B. SECSTATE 56800

C. NASSAU 009

Classified By: Charge d'Affaires, a.i. D. Brnt Hardt, Reason 1.4 (b).

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SUMMARY
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1. (C) Charge' Hardt met with Minister ofState for LegalAffairs Desmond Bannister, who pedged stronger enforcement
on intellectual propety rights and requested U.S. help for
the trainig of court reporters. Noting the government's
onoing concern over the high cost of some extradition cases,
he reiterated the FNM government's interest in an
accommodation with the U.S. to share costs of such cases.
Bannister expressed strong interest in having professionals
from the Attorney General's Office participate in the
International Visitors Program. End Summary.

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INTELLECTUAL PROPERTY RIGHTS
--------------


2. (C) As part of his continuing calls on the new FNM
government ministers, the Charge' called on Minister
Bannister, who anticipated our interest in working with the
new government to address copyright and other IPR issues,
both of which are principal areas in his portfolio.
Bannister asked the Charge' to outline U.S. concerns. The
Charge' noted that we were pleased that The Bahamas had
recently been removed from the 301 Watchlist. We had worked
closely with the previous Bahamian government to achieve this
step, but serious issues remained to be addressed including
limiting Cable Bahamas' use of compulsory licensing as well
as with the continued open sale of pirated digital media and
counterfeit goods in Nassau.


3. (C) The Minister said he wanted to get at the root of
the problem. He mentioned that the Bahamian authorities were
interested in targeting principal importers of pirated
material. While welcoming this step, the PolChief pointed
out that much of the pirated electronic material was produced
locally. The Charge noted our understanding from our
discussions with Bahamian law enforcement was that
enforcement problems stemmed from inconsistent legal
authorities. Although there were establishments selling

pirated goods in violation of the law, the police apparently
lacked the legal authority to shut down the businesses, and
customs similarly lacked the authority to seize goods at the
border. Bannister promised to look into the legal issues
involved. He also said that any proposed training would be
most beneficial if it could be conducted in The Bahamas, so
that a broader cross-section of personnel could participate.

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COURT REPORTING AND MANAGEMENT ASSISTANCE
--------------


4. (U) The Charge' then asked Minister Bannister about the
needs of the Bahamian judiciary, whose pace in administering
justice provides constant fodder for media criticism.
Charge' noted that the U.S. has over the past decade worked
with a number of governments in the region to help modernize
the judiciary. In this regard, Bannister said that court
reporting was an area of immediate concern. Presently the
Bahamas lacks sufficient numbers of court reporters,
resulting in delays in receiving court transcripts. He
recalled that back in the 1980s, when he was a young
attorney, the court reports were available almost
immediately. The College of the Bahamas used to have a court
reporting course, but it had been discontinued. The Deputy
Permanent Secretary also said that the judiciary needed help
with records management. The Charge' said the Embassy might
be able to assist in these areas through our Narcotics
Affairs Office, and that Post would follow up with the
Minister on potential avenues to address these needs. The
Charge' also indicated that said we would welcome
participation from his office in the Voluntary Visitor
Program for Bahamian judicial officials or prosecutors.

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EXTRADITION MATTERS
--------------


5. (C) Turning to extradition matters, the Charge' thanked
The Bahamas for its continued support on the 26 pending
extradition cases, and especially for recent efforts on the
Kozeny case. He noted that we recognized these were costly,
time-consuming cases, but pointed out that achieving the
legal end-game provided by extradition and subsequent trials
in the U.S. was critical to the continuation of our
counter-drug partnership through OPBAT. The Minister
affirmed that the cost of prosecuting some of these cases was
high, and he had to allocate a substantial sum from his
budget to cover it, especially to retain counsel from the
United Kingdom to assist the Ministry. The Charge' suggested
that the Ministry could use some of the 7 million in assets
recently forfeited in high-profile drug cases to cover some
of the expenses. Pol Chief noted that the Department of
Justice's Office of Prosecutorial Development and Assistance
might be able to advise The Bahamas on issues related to
asset forfeiture.

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COMMENT
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6. (C) Minister Bannister seemed genuinely committed to
working with us to address continuing IPR concerns, and
welcomed upcoming training as a key step forward.
Nevertheless, consistent pressure will be necessary to ensure
follow through in cracking down on IPR violations.
Strengthening the judiciary is emerging as a critical
challenge for he Bahamas as more and more criminals either
languish in prison or are out on bail awaiting trial. We
will look for training and other opportunities to work with
the Ministry to address its most urgent needs. Bannister,
who had been the FNM's party Chairman during the recent
elections, won elected office for the first time. His
electoral success and leadership of the party suggest he has
a promising future with the FNM.

HARDT