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Customs Controls for IPR Enforcement Purposes

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Customs Controls for IPR Enforcement Purposes Customs Controls for IPR purposes Antonio Lloret, Customs and Excise Department of the Spanish Central Tax Authority HO CHI MINH CITY | 19 Oct 2018 1.1 Operation “RENACER” March – April 2015 - Customs officers from the Risk Analysis Unit in the port of Algeciras seized 309,416 counterfeit items with an estimated value of 17,5 million Euros. The electronic processing and analysis of entry summary declarations revealed inconsistencies in the data provided regarding certain shipments. This analysis was based on the pre- established risk profiles. The Risk Analysis Unit requested then bills of lading. The examination of these documents confirmed the detected inconsistencies. In addition, the routes for the shipments were unusual. As a result, the Risk Analysis Unit carried out exhaustive physical checks on 11 containers shipped from Yantian (China) to Morocco and Senegal (goods in transit) and to Spain. After opening the containers, the illegal goods were found concealed behind a first rows of legal products. Main products seized : 1.2 Operation “RENACER II” December 2015 – January 2016.- The Risk Analysis Unit of Algeciras seized 177,227 counterfeit goods with an estimated value of 9,030,898 euros. As a result of the analysis of information generated by the entry summary declarations and on the basis of the risk profiles defined by the Customs Administration, eight suspicious containers originating from China with declared destinations in African countries (Senegal and Mauritania) were earmarked for inspection. - Risk Analysis Strategy - Advanced cargo information - IT tools - The human factor (the Risk analysis Unit) - Goods in transit - Health and safety concerns 2. Operations “TESTA” and “TASHKEN” (Shampoo) February/October 2015 The operation was launched after a request for assistance and intervention from the European Anti-Fraud Office (OLAF), concerning an ongoing investigation by several EU member states related to a large scale fraud operation involving the import of fake shampoo of a well- known brand. The OLAF report indicated that the product was counterfeit and had arrived in Spain from United Arab Emirates, via Holland and was destined for a warehouse in Málaga. Spanish Customs officers identified a fully functioning and seemingly legal industry, with facilities for manufacturing and distributing the counterfeit products. 1.1 In a warehouse in Málaga, Customs seized 28,000 shampoo bottles. The warehouse, storing counterfeit bottles labelled with the logo of a well-known brand of shampoo, was equipped with labelling, packaging and distribution facilities. 1.2 In a further investigation, a second warehouse was located in Cádiz, where the bottles were filled. 1,000 bottles filled with shampoo and other empty bottles were seized, as well as raw materials used for the manufacture of the product in different scents. 1.3 The investigation lead to the seizure of two containers in Algeciras seaport, containing 200,000 empty bottles and tops. 2. Investigation carried out jointly by Customs and Police in Cadiz for alleged crimes against industrial property and money laundering. Seven people were arrested. Approximately, 133,729 counterfeit bottles, 4 vehicles, cash, computer equipment, different production, bottling, labelling and storing machinery, were intercepted during the search of industrial premises in locations of the province of Cadiz, as Medina Sidonia, Chiclana de la Frontera and Alcala de los Gazules, and in residences of those arrested in Marbella (Malaga). The organization is thought to have manufactured as many as one million bottles of fake shampoo. In order to give the appearance of a legitimate business, in 2012, the organisers set up a company in Spain and several companies abroad (Arab Emirates and Cyprus). This way, the company's activities were dispersed in order not to attract attention. The Spanish company declared its activity to be a wholesale vendor of dress accessories. However, the company in fact imported bottles, tops, labels and raw materials from China. The arrested persons were accused of various criminal offences, including crimes against industrial property, forgery of public and trade documents, crimes against Public Health, as this type of product is subject to strict health regulations, money laundering and tax offences. 22.10.15. Spanish Customs had been informed by OLAF on an investigation related to fake Head &Shoulders from United Arab Emirates and China to the European Union, with several seizures in different Member States. Two of the consignee companies were located in the province of Tarragona. The investigation was carried out under the control of the judicial authority. The premises of both companies were searched and 594 bottles of counterfeit shampoo were seized. The previous acquisition of 537,480 counterfeits bottles of hair products was also established from the analysis of accounts and documents. 18.01.16. The Risk Analysis Unit at the seaport of Ceuta selected for inspection a container, declaring to transport “consolidated merchandise”. After a physical examination, it was established to transport 13,386 counterfeit shampoo bottles. Two companies involved. 19.02.16. Seizure of fake shampoo in Ceuta. Continuation of actions. In January, 13.386 bottles of counterfeit shampoo had been seized at the port of Ceuta. Further Investigations from Customs officers in Ceuta, in close cooperation with Guardia Civil, were focused on an individual with a record for crimes against industrial property (counterfeiting Colgate toothpaste in 2007). This person had an “abnormal” economic activity, having several business addresses, accumulating debts with the Treasury, and using relatives and workers as managers. Industrial premises in central Spain were searched. 9,582 fake shampoo bottles were seized. Documentation revealed previous operations for a total of 166,560 shampoo bottles. 20.07.16. In June 2016, in the frame of an investigation by Customs, fake shampoo bottles, similar to those seized in 2015, were found in industrial premises in Ceuta. The analysis of the samples by the manufacturer were received, which determined that of the 4 types sent, 2 are counterfeits and 2 are authentic. It is probably due to the fact that his supplier purchases products from the legal shampoo manufacturer, but also made acquisitions to a company already under investigation located in southeastern Spain. 1,362 fake shampoo bottles seized. - International cooperation - Cooperation betwen enforcement authorities - Cooperation with right holders - Risk analysis Investigation Risk Analysis Investigation Risk Analysis - These cases demonstrates once again that organised international fraud networks maximise their profits through smuggling counterfeit goods in Europe. - This generates huge losses of tax revenues due to the black market in fake products. - Such products are potentially harmful to health since they replace genuine, safe and well- tested products by illicit and non-standard ones. - These international fraud networks use fiscal evasion and a modus operandi similar to that of networks engaged in the contraband of cigarettes and drugs. - Genuine and counterfeit products mixed 3. Fake watches. 18.05.15. Cuistoms Risk Analysis Unit at the port in Alicante detained a container from China, destined to Madrid. It contained 52,380 fake watches . 4. Fake perfumes 17.06.15. In March, Spanish customs received a request for customs cooperation from OLAF. It was related to the importation of fake perfumes from China and Turkey to the EU. Investigation started in November 2014, with a seizure by German Customs of 28,320 fake perfume bottles whose ultimate consignee was a Spanish company in Madrid. The manager of the company stated that various imports had actually been carried out misusing its identity, which had already been reported to Police. The agents checked the veracity of the statement and later identified the one truly involved in these criminal activities. The analysis of documents showed that more than 500,000 fake perfume bottles had been imported. One person arrested. 5. Labels in a routine customs control of postal parcels… November 2015. In a routine control of postal parcels at the Post Office in Las Palmas (Canary Islands), a significant amount of labels with the logo of a popular clothes brand was found. They were destined to different shops in a shopping mall. Investigation followed in cooperation with Police. 7,592 fake items (clothes, watches, glasses, etc), with a market value of plus 2 million de Euros, seized 13 people were arrested. 6. Bearings, bearings, bearings 10.12.15. OLAF requested collaboration to Spanish customs, related to alleged fake bearings. In July, several containers from China were intercepted at the French port of Le Havre with fake bearings. According to information, these containers were destined to a company based in northern Spain. Spanish Customs officers searched the company’s warehouses. 9,490 fake bearings were intercepted. 26.09.16. In June 2016, Spanish customs investigators had been informed by a right holder that counterfeit bearings would be imported in Madrid from China. On 13/09/16, two consignments that had arrived at Madrid Airport and were addressed to one of the suspected companies were identified. The consignments were collected by an individual who was followed until he arrived at an industrial area in Madrid. The goods were unloaded in the premises of one of the suspected companies. On the 22/09/16, 4 new consignments arrived. As in the
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