NIGERIA - CUSTOMS' VIEWS ON TRADE AND IP

UNCLAS SECTION 01 OF 02 ABUJA 002003 SENSITIVE SIPDIS DEPT PASS TO USTR- AGAMA AND GARDE, EXIM-JRICHTER, USPTO-THICKEY DOJ FOR MARIE-FLORE KOUAME TREASURY FOR PETERS AND HALL DOC FOR 3317/ITA/OA/KBURRESS, 3130/USFC/OIO/ANESA/DHARRIS AND CLDP NEZERA USDA/FAS FOR C. MCKINNELL, R. VERDONK E.O. 12598: N/A TAGS: ETRD KIPR ECON EINV EAID EAGR NI SUBJECT: NIGERIA - CUSTOMS' VIEWS ON TRADE AND IP REF: A. ABUJA 1925 ¶B. ABUJA 1039 SENSITIVE BUT UNCLASSIFIED - NOT FOR DISTRO OUTSIDE USG ¶1. (SBU) Summary: On October 8, 2008 DepEconCouns met with Grace Adeyemo, Deputy Comptroller For Economic Relations at the Nigerian Customs Service (NCS) to discuss trade and intellectual property (IP) issues. Adeyemo reported that the recent changes to Nigeria's trade policy that reduced banned import categories from 44 to 26 were partly due to the Embassy's persistent advocacy over the past two years with the Ministry of Finance, Ministry of Commerce and Industry and other high-level Nigerian government officials (reftel A). She stated that the NCS was fully committed to IP enforcement, and with USG assistance, wants to create an IP Unit/Framework to increase enforcement. In addition, an amendment to the Common External Tariff Book for 2008-2012 has given NCS new powers to prosecute IP pirates. The USG should embrace this opportunity to provide technical assistance and capacity building to NCS considering the recent major trade policy reversals. End Summary. . USG Advocacy Changed GON Policy -------------- . ¶2. (SBU) On October 8, 2008 DepEconCouns met with Grace Adeyemo, Deputy Comptroller For Economic Relations at the Nigerian Customs Service to discuss trade, and intellectual property issues. Adeyemo contended that USG advocacy led to a reassessment of Nigeria's trade policy and that the December 2007 Trade and Investment Framework Agreement Council Meeting in Abuja, and the TIFA digital video conference (DVC) in April in Abuja greatly helped solidify and give impetus for the GON's reduction in import bans. She said NCS agreed with the USG position on removing bans because of NCS concerns that the bans increased smuggling. NCS strongly advocated within the interagency process to review and reduce import bans. Adeyemo underscored the need for continued engagement by the USG with Nigerian officials this fall and winter to continue the momentum. (NOTE: Adeyemo is integral member of the Nigerian interagency team on the TIFA Council Meetings, intellectual property rights enforcement cooperation and issues dealing with temporary import licenses. END NOTE) . NCS requests USG Technical Assistance -------------- . ¶3. (SBU) Adeyemo requested that the USG provide technical assistance to NCS to create an IP unit. She presented a letter from NCS to the Ambassador and Attorney General of the U.S. Department of Justice (DOJ) requesting technical assistance, capacity building and help in developing a strategy. The letter also encourages rights holders and NCS to form a Public Private Partnership and seeks assistance from rightholder organizations. Adeyemo added that she had been in direct contact with DOJ regarding training. . NCS Gets More Power to Seize, Arrest and Prosecute -------------- -------------- . ¶4. (SBU) Adeyemo reported that following the June IP seminar and repeated USG admonitions requesting GON action to curb importation of pirated goods, NCS took the initiative to request an amendment to the proposed 2008-2012 Common External Tariff Book. The Fiscal Policy Amendment now allows the NCS to "institute legal proceedings on matters contravening any provision of fiscal policy including all counterfeit materials or articles including base or counterfeit coin of any country" and is included in the 2008-1012 Common External Tariff Book announced on September 24, 2008 (reftel A). Adeyemo commented that the amendment gives NCS power to search, seize, detain or remove contraband goods without a warrant and to begin legal proceedings on behalf of the Attorney General. She noted that the NCS Legal Department was fully aware of this change and ready and willing to build cases and prosecute IPR violators. . Bilateral Investment Treaty Still on the Table -------------- - . ¶5. (SBU) Adeyemo shared that Tanimu Yakubu, Chief Economic Advisor to President Yar'Adua, had called for an interagency meeting on October 6 to discuss Nigeria's position on a bilateral investment treaty (BIT),but at the last minute the meeting was cancelled. She ABUJA 00002003 002 OF 002 surmised that an impending cabinet reshuffle may have caused the delay. . IPR Cooperation - Not There Yet -------------- . ¶6. (SBU) In follow-up to the August 18-19 Optical Disk Enforcement Workshop in Lagos (septel),Adeyemo reported that despite her best efforts to form an interagency task force on IP, the Nigerian Copyright Commission (NCC) has not been cooperative. She said the NCC failed to convene or participate in forming a task force in contravention of comments made by the NCC at the August workshop. ¶7. (SBU) COMMENT: USG trade policy advocacy has led to a reduction in import bans and increased awareness and interagency involvement of the NCS on IPR. The NCS is taking a major step forward in trying to intercept pirated goods destined for Nigeria and other parts of Africa. Plans for a USPTO sponsored Customs workshop in the March-May 2009 timeframe would serve as an excellent example of the USG stepping up to the plate to engage with a Nigerian agency ready, willing and able to reduce pirated products in Nigeria. END COMMENT ¶8. (U) This cable was coordinated with Consulate Lagos. PIASCIK