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Economic Espionage to Protect Their Trade Secrets? 4

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Economic Espionage to Protect Their Trade Secrets? 4 Commonly Asked Questions Methods for Department of Justice Economic Protection Does the 1996 EEA apply if the offender is a Federal Bureau of Investigation Q foreign person? 1. Recognize the threat. Yes. The Act applies to whoever knowingly performs targeting or 2. Identify and value trade secrets. A acquisition of trade secrets. Territorial limits will apply for prosecution. 3. Implement a definable plan for safeguarding trade secrets. Does the act help victims of Economic Espionage to protect their trade secrets? 4. Secure physical trade secrets and limit Q Yes. The Act contains a special access to trade secrets. provision to protect the disclosure of 5. Provide ongoing security training to A trade secret information during the employees. criminal justice process. 6. Develop an insider threat program. Are there other statutes that can apply if trade secrets are not protected and therefore cannot 7. Proactively report suspicious Q be prosecuted under the Act? incidents to the FBI before your Yes. The following is a list of proprietary information is irreversibly violations that may apply: Mail Fraud, A Wire Fraud, Computer Fraud and compromised. Abuse, Interstate Transportation of Stolen Property, and various Export Control and Intellectual Property Rights statutes. Contact your local FBI field office for further assistance. Is the FBI proactive in its approach to Q economic espionage? Yes. The FBI Director has designated espionage as the FBI’s number two A priority - second only to terrorism. The Economic Espionage Unit is dedicated to countering the economic espionage threat to include developing training and outreach materials; participating in conferences; visiting private industry; Economic working with the law enforcement and intelligence community on requirement issues; and providing classified and unclassified presentations. “...economic espionage and theft of Espionage trade secrets are increasingly linked to the insider threat and the growing To report violations, obtain additional Protecting America’s threat of cyber espionage.” information, or schedule a briefing FBI Congressional Testimony regarding Economic Espionage, Trade Secrets contact your local field office at: www.fbi.gov/contact-us/field. What are Economic Espionage Act of 1996 Provisions The FBI seeks trade your help in secrets? TERRITORIAL LIMITS Trade secrets EEA protects against theft that occurs either (1) in the safeguarding are all forms and United States, or (2) outside of the United States and (a) an types of financial, act in furtherance of the offense must have been committed our nation’s business, scientific, in the United States or (b) the violator is a US person or technical, economic organization. secrets! or engineering information, CRIMINAL PENALTIES including patterns, Title 18 U.S.C., Section 1831 Economic Espionage Our Nation’s secrets are in jeopardy, the same secrets plans, compilations, that make your company profitable. The FBI estimates program devices, • Foreign Government Beneficiary billions of US dollars are lost to foreign competitors formulas, • Maximum Individual Sentence/Fine: 15 years every year. These foreign competitors deliberately target designs, prototypes, methods, techniques, processes, imprisonment/$5 million. economic intelligence in advanced technologies and procedures, programs, or codes, whether tangible or • Maximum Organizational Fine: Not more than the flourishing US industries. intangible, and whether or how stored, complied, or greater of $10 million or 3 times the value of the stolen memorialized physically, electronically, graphically, trade secret. Foreign competitors operate under three categories to photographically or in writing, (1) which the owner has create an elaborate network of spies: taken reasonable measures to protect; and (2) which Title 18 U.S.C., Section 1832 Theft of Trade Secrets have an independent economic value from not being 1. Aggressively target present and former foreign generally known to the public. • Beneficiary must be anyone other than the owner of the nationals working for US companies and research misappropriated trade secret(s) institutions; Commonly referred to as proprietary information, • Maximum Individual Sentence/Fine: 10 years 2. Recruit and perform technical operations to include economic policy information, trade information, imprisonment/$250,000 or an alternative fine based on bribery, discreet theft, dumpster diving (in search of proprietary technology, or critical technology. gain/loss figures. discarded trade secrets) and wiretapping; and, 3. Establish seemingly innocent business relationships What are some methods of • Maximum Organizational Fine: $5 million between foreign companies and US industries to gather economic intelligence including proprietary targeting or acquiring trade information. secrets? 1. Steal, conceal, or carry away by fraud, artifice, or In an effort to safeguard our nation’s economic secrets, deception; the Economic Espionage Act (EEA) was signed into 2. Copy, duplicate, sketch, draw, photograph, law on October 11, 1996. download, upload, alter, destroy, photocopy, replicate, transmit, deliver, send, mail, What is Economic Espionage communicate, or convey; and, 3. Receive, buy, or possess a trade secret, knowing Title 18 U.S.C., Section 1831? the same to have been stolen or appropriated, Economic Espionage is (1) whoever knowingly performs obtained, or converted without authorization. targeting or acquisition of trade secrets to (2) knowingly Criminal Forfeiture benefit any foreign government, foreign instrumentality, Who is a foreign agent and what The court may order the violator to forfeit to the United or foreign agent. is a foreign instrumentality? States any (1) property constituting, or derived from, any proceeds the person obtained directly or indirectly, as the What is theft of trade secrets A Foreign Agent is any officer, employee, proxy, servant, result of the violation, or (2) property used, or intended to delegate, or representative of a foreign government. The be used, in any manner or part, to commit or facilitate the Title 18 U.S.C., Section 1832? EEA defines a Foreign Instrumentality as: commission of the violation. Theft of trade secrets is (1) whoever knowingly performs Any agency, bureau, ministry, component, institution, targeting or acquisition of trade secrets or intends to Civil Proceedings association or any legal, commercial or business convert a trade secret to (2) knowingly benefit anyone In a civil action, the Attorney General may obtain organization, corporation, firm, or entity that other than the owner. Commonly referred to as Industrial appropriate injunctive relief to prevent the offense. The is substantially owned, controlled, sponsored, Espionage. District Courts of the United States have exclusive original commanded, managed, or dominated by a foreign government. jurisdiction of civil actions..
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