08ASTANA829, KAZAKHSTAN – DEMARCHE DELIVERED ON SPECIAL 301

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Reference ID Created Released Classification Origin
08ASTANA829 2008-04-25 12:13 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXYZ0009
OO RUEHWEB

DE RUEHTA #0829 1161213
ZNR UUUUU ZZH
O 251213Z APR 08
FM AMEMBASSY ASTANA
TO SECSTATE WASHDC IMMEDIATE 2313

UNCLAS ASTANA 000829 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR KZ
SUBJECT: KAZAKHSTAN - DEMARCHE DELIVERED ON SPECIAL 301 
 
REF: STATE 43163 
 
1. (SBU) Summary:  Per reftel, Poloff met on April 25 with 
officials from the Ministry of Trade and Industry to inform 
them that Kazakhstan will not be listed on the 2008 Special 
301 Watchlist.  Ministry officials were very pleased to hear 
this news.  They sought clarification of several of the 
demarche points, specifically concerning the authority for 
customs officials to initiate criminal cases, and the 
destruction of equipment used in the production of pirated 
materials.  The Ministry requested that the content of the 
demarche be given to them in writing, so that they can 
respond in detail.  End Summary. 
 
2. (SBU) Poloff met on April 25 with Damegul Kabieva and 
Saadat Assanseitova, respectively Director and Deputy 
Director of the Department of Trade Policy Development and 
WTO Accession of the Ministry of Industry and Trade, as well 
as with Ministry IPR expert Marina Sirotina.  They thanked 
Poloff for conveying the good news that Kazakhstan will not 
be listed on the 2008 Special 301 Watchlist, and said that 
Minister Aitzhanova will be very glad to hear it as well. 
They noted that this is evidence of the hard work of their 
Ministry and the many positive steps that they have made in 
terms of adapting Kazakhstani IPR legislation to WTO norms. 
 
3. (SBU) Kabieva had specific questions with respect to two 
of the points in the demarche.  Regarding the request for 
adoption in the Customs Code of ex officio authority for 
customs officials to seize illegal material and to commence 
their own investigations and criminal cases, she stated 
currently only the IPR holder can initiate court proceedings. 
 They expect that in the revised Customs Code, which is still 
in draft, customs officials will be able to initiate 
administrative proceedings against IPR infringers, but not 
criminal proceedings.  Regarding adoption of provisions in 
the Criminal Code clarifying the government's authority to 
confiscate and destroy manufacturing equipment used to 
produce confiscated materials, she stated that the issue of 
destruction of equipment is still being negotiated with the 
IPR committee of the Ministry of Justice.  In addition, the 
officials explained that the Customs Committee (which is 
under the Ministry of Finance) will open a new department for 
IPR protection, which will train customs officials on IPR 
protection. 
 
4. (SBU) Kabieva requested that the demarche points be sent 
in written form to their Ministry so that they can review 
them and provide written answers.  (Note: Per the demarche 
instructions, Poloff only delivered the points orally.  End 
Note.)  She also stated that the Kazakhstani side looks 
forward to meeting with U.S. officials during the fourth TIFA 
meeting in Tajikistan in June. 
ORDWAY

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