ICC Document & publication

Declaration of Intent to prevent the maritime transportation of counterfeit goods

“Declaration of Intent to Prevent the Maritime Transport of Counterfeit Goods” marks the first time the global shipping industry and brand owners have made a public commitment to work together to stop the transport of counterfeit goods on shipping vessels.

Principles

A. Zero tolerance policy regarding counterfeiting

  1. Implement applicable international, regional and national rules and mutually agreed standards aimed at preventing the carriage of counterfeit products.
  2. Inform all customers and sub-contractors of these commitments and our zero-tolerance policy towards counterfeits.
  3. Ensure compliance with all applicable laws, regulations and rules including, but not limited to, those relating to customs regulation.

B. Supply chain controls

  1. Apply appropriate due diligence measures, such as Know Your Customer processes.
  2. Include appropriate conditions prohibiting the carriage of counterfeit products.
  3. Take appropriate steps in order to ensure there is no cooperation with companies, entities or individuals with serious or proven involvement in counterfeiting.
  4. Encourage, wherever deemed appropriate by the signatory, the implementation of similar measures by other players in the extended supply chains.

C. Risk profiling

  1. Apply specific vigilance measures and common early warning indicators in order to identify high-risk shipments of counterfeits.
  2. Cooperate in order to review and refine, when appropriate, pre-agreed criteria by all signatories for screening and early warning indicators of counterfeits.

D. Raising awareness and conducting training

  1. Increase awareness about the nature, scale, and consequences of counterfeiting and refrain from dealing with criminal actors who exploit maritime transport infrastructures to
    carry out a wide range of illicit and illegal trade.
  2. Improve the training of staff within the transport sector to enable them to report suspected counterfeit activity.

E. Sharing information and cooperating

  1. Identify a point of contact for each signatory to coordinate with national and supranational authorities.
  2. Support processes developed by competent authorities such as the World Customs Organization and national customs agencies to aid the detection and seizure of counterfeit
    products.
  3. Contribute to information exchanges between the parties on detection and seizure of counterfeit products, subject to compliance with (i) signatory’s relevant contractual obligations, such as those pertaining to confidentiality of customer information, and (ii) applicable laws and regulations, including but not limited to, competition and data protection laws.
  4. Cooperate and collaborate with competent law enforcement authorities on any investigations relating to the carriage of counterfeits.

F. Non-binding terms

This Declaration of Intent is a voluntary and non-binding statement of the signatories’ mutual intent to prevent, to the best of their abilities, to the extent possible and in compliance with all applicable laws including competition laws, the maritime transportation of counterfeit goods. The Declaration of Intent is not intended to create any legally enforceable rights or obligations in respect of any signatory, including any obligation on their part to enter into any additional binding agreements.