19 Cfr 133.61

19 CFR § 133.61 - Donations of intellectual property rights technology and related suppor... Page 1 of 3

19 CFR § 133.61 - Donations of intellectual property
rights technology and related support services.
CFR

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§ 133.61 Donations of intellectual property rights technology
and related support services.
(a) Scope. The Commissioner of U.S. Customs and Border Protection (CBP) is
authorized to accept donations of hardware, software, equipment, and similar
technologies, as well as related support services and training, from private sector
entities, for the purpose of assisting CBP in enforcing intellectual property rights.
Such acceptance must be consistent with the conditions set forth in this section and
section 308(d) of the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301 note), as well as either section 482 of the Homeland Security Act of
2002, as amended by section 2 of the Cross-Border Trade Enhancement Act of
2016 (6 U.S.C. 301a), or section 507 of the Department of Homeland Security
Appropriations Act of 2004 (Pub. L. 108-90). However, this section does not apply
to merchandise provided to CBP as samples, e.g., as referenced in §§ 151.10 and
177.2 of this chapter.
(b) Donation offer. A donation offer must be submitted to CBP either via email, to
dap@cbp.dhs.gov, or mailed to the attention of the Executive Assistant
Commissioner, Office of Field Operations, or his/her designee. The donation offer
must describe the proposed donation in sufficient detail to enable CBP to determine
its compatibility with existing CBP technologies, networks, and facilities (e.g.
operating system or similar requirements, power supply requirements, item size
and weight, etc.). The donation offer must also include information pertaining to the
donation's scope, purpose, expected benefits, intended use, costs, and attached
conditions, as applicable, that is sufficient to enable CBP to evaluate the donation

https://www.law.cornell.edu/cfr/text/19/133.61

9/10/2019

19 CFR § 133.61 - Donations of intellectual property rights technology and related suppor... Page 2 of 3

(c) Agreement to accept donation. If CBP accepts a donation of hardware,
software, equipment, technologies, or related support services and training, for the
purpose of enforcing intellectual property rights, CBP will enter into a signed,
written agreement with an authorized representative of the donor. The agreement
must contain all applicable terms and conditions of the donation. An agreement to
accept a donation must provide that the hardware, software, equipment,
technologies, or related support services and training are offered without the
expectation of payment, and that the donor expressly waives any future claims,
except those expressly reserved in the agreement, against the government related
to the donation.

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https://www.law.cornell.edu/cfr/text/19/133.61

9/10/2019