December 17, 2008

Operation Guardian

Operation Guardian is a multi-agency effort to combat the increasing importation of substandard, tainted and counterfeit products that pose a health and safety risk to consumers.  The identification of these commodities has led to the successful detention and seizure of numerous containers of hazardous products.  

Background

On July 18, 2007, President Bush issued an executive order establishing an interagency working group on import safety (working group) to address the dangers found in imported apparel, pet food ingredients, toys, seafood, and other consumer products.

To address the goals and objectives identified by the working group, ICE developed and implemented Operation Guardian, which combines the specific areas expertise of ICE, U.S. Customs and Border Protection (CBP), the Food and Drug Administration (FDA), the U.S. Department of Justice Computer Crime and Intellectual Property Section, the Federal Bureau of Investigation, the U.S. Department of Agriculture, the U.S. Postal Inspection Service, and the Consumer Product Safety Commission (CPSC). 

Operation Guardian is one of several programs overseen by the National Intellectual Property Rights Coordination Center (IPR Center) that is aimed at stopping predatory and unfair trade practices that threaten our economic stability, restrict the competitiveness of U.S. industry in world markets and place the public health and safety of the American people at risk.

Operation Guardian Results

The collaborative work of Operation Guardian has led to the seizure of commodities such as pharmaceuticals, circuit breakers, extension cords, surge protectors, steel components, honey, shrimp, condoms and toys. The combined value of the seizures under this operation has exceeded $6 million dollars.

Operation Apothecary

Operation Apothecary addresses, measures and attacks potential vulnerabilities in the entry process that might allow for the smuggling of commercial quantities of unapproved, counterfeit, and/or adulterated pharmaceuticals through the Internet, foreign mail facilities, express courier facilities, and land borders. Operation Apothecary is conducted in conjunction with CBP’s Operation Safeguard, which was established to evaluate the type, volume and quality of declared pharmaceutical products being shipped in international mail packages and express courier hubs.  In FY08, ICE inspected more than 12,541 parcels and made approximately 628 seizures, while conducting Operation Apothecary enforcement surges.

Prohibited and Contaminated Animal and Vegetable Food Products

ICE targets and investigates the illegal commercial importation of animal and vegetable food products including commodities that pose a consumption risk based upon identified disease outbreaks in growth countries, identified risks from unapproved pesticide treatment during the product’s growth season, and food products that contain hazardous substances (i.e., excessive melamine levels and prohibited antibiotics).  ICE enforces bans on importations from specific, targeted countries with the assistance of the FDA and the U.S. Department of Agriculture.

Unapproved Aircraft Parts and/or Automobile Parts

The Aircraft Safety Act of 2000 details specific criminal and civil penalties pertaining to the deliberate misclassification or misrepresentation of suspect aircraft and spacecraft parts, and the deliberate export, import, introduction, sale, trade or installation of parts into any aircraft or spacecraft using fraudulent representations.  These investigations are conducted in conjunction with the Federal Aviation Administration.

ICE also enforces several federal laws, in conjunction with the U.S. Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA), that target the illegal importation of automobiles, farm equipment and engines that do not meet DOT and EPA standards, with respect to safety and harmful emissions.

Substandard Products Used in Building and Manufacturing

ICE targets and investigates the illegal commercial importation of substandard and/or counterfeit building and manufacturing components that violate U.S. law, trademark laws or demonstrate a potential harm, due to the use of substandard manufacturer materials.  Some of these products may be used during the construction phase in critical infrastructures throughout the U.S.  Targeted building and manufacturing components include, but are not limited to: Underwriter Laboratories certified products/building materials, nuts, bolts, fasteners and steel products.  ICE conducts a majority of these investigations in conjunction with DOT and the appropriate trademark/copyright holder.

Tainted Toy Products

ICE targets and investigates the commercial importation of toys and other products that demonstrate a potential harm due to the use of substandard manufacturer and/or harmful materials (lead paint) or violate U.S. trade laws, including intellectual property rights violations.  ICE conducts many of these investigations in cooperation with CPSC and the appropriate trademark/copyright holder.

REPORT A TIP
Website: www.ice.gov
Tip line: (866) IPR-2060

Mail:                           
U.S. Immigration & Customs Enforcement  
National IPR Coordination Center
2451 Crystal Drive South, Suite 200
Arlington, VA 20598-5105

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

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