[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12578-12579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04248]
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DEPARTMENT OF JUSTICE
[AG Order No. 4645-2020]
Clarifying Lawful Overseas Use of Data Act; Attorney General
Certification and Determination
AGENCY: Department of Justice.
ACTION: Notice of the certification and determination by the Attorney
General regarding the Agreement between the Government of the United
States of America (``U.S.'' or the ``United States'') and the
Government of the United Kingdom of Great Britain and Northern Ireland
(``U.K.'' or the ``United Kingdom'') on Access to Electronic Data for
the Purpose of Countering Serious Crime (the ``U.S.-U.K. CLOUD
Agreement'').
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SUMMARY: In accordance with the Clarifying Lawful Overseas Use of Data
Act (``CLOUD Act''), relating to an executive agreement governing
access by a foreign government to electronic data, notice is given that
the Attorney General has determined, and has submitted a written
certification of such determination to Congress, that the U.S.-U.K.
CLOUD Agreement satisfies the requirements of the CLOUD Act.
DATES: On November 27, 2019, the Attorney General certified that he had
determined that the U.S.-U.K. CLOUD Agreement satisfies the
requirements of the CLOUD Act. On January 10, 2020, the Attorney
General completed the process of providing his certification to
Congress. The U.S.-U.K. CLOUD Agreement will enter into force not
earlier than July 8, 2020, unless Congress enacts a joint resolution of
disapproval, in accordance with the CLOUD Act.
FOR FURTHER INFORMATION CONTACT: Richard Downing, Deputy Assistant
Attorney General, Criminal Division, 950 Pennsylvania Avenue NW,
Washington, DC 20530-0001, email: [email protected], phone:
202-514-2000.
SUPPLEMENTARY INFORMATION: On March 23, 2018, the CLOUD Act was signed
into law. Public Law 115-141, Div. V, 132 Stat. 1213-25. The CLOUD Act
lifts certain restrictions under U.S. law on companies disclosing
electronic data, in response to qualifying, lawful orders in
investigations of serious crime, directly to a qualifying foreign
government with which the United States has entered into an executive
agreement governing access by the foreign government to covered data.
Id. at 132 Stat. at 1213-17. Before an agreement can go into effect,
the Attorney General, with the concurrence of the Secretary of State,
must determine that the considerations outlined in 18 U.S.C. 2523(b)
have been met. The Attorney General must then submit a written
certification of his determination to Congress, including an
explanation of each consideration required by 18 U.S.C. 2523(b), not
later than 7 days after the date on which the Attorney General
certifies the executive agreement. 18 U.S.C. 2523(d)(1). The executive
agreement will enter into force not earlier than 180 days after the
date the Attorney General notifies Congress, unless Congress enacts a
joint resolution of disapproval, in accordance with the CLOUD Act. 18
U.S.C. 2523(d)(2). Under 18 U.S.C. 2523(g), the Attorney General's
determination or certification under 18 U.S.C. 2523(b) must be
published in the Federal Register as soon as is reasonably practicable.
Determination and Certification Pursuant to Section 2523(b)
On October 3, 2019, the Home Secretary of the United Kingdom and
the Attorney General of the United States signed the U.S.-U.K. CLOUD
Agreement. A copy of the U.S.-U.K. CLOUD Agreement is available at:
https://www.justice.gov/dag/cloudact. On November 27, 2019, the
Attorney General certified his determination that the U.S.-U.K. CLOUD
Agreement satisfies the requirements of 18 U.S.C. 2523(b). The Attorney
General's determination was based on the considerations in paragraphs
(1), (2), (3), and (4) of 18 U.S.C. 2523(b), as
[[Page 12579]]
explained in the ``Explanation of Each Consideration in Determining
that the Agreement Satisfies the Requirements of 18 U.S.C. 2523(b),''
available at: https://www.justice.gov/dag/cloudact. Secretary of State
Pompeo concurred with the Attorney General's determination.
Notification to Congress Pursuant to Section 2523(d)
The Department of Justice (``Department'') transmitted the U.S.-
U.K. CLOUD Agreement certification to the Committee on the Judiciary
and the Committee on Foreign Relations of the Senate on December 4,
2019. Although the Department intended to notify the Committee on the
Judiciary and the Committee on Foreign Affairs of the House of
Representatives on the same date, the Department, because of a clerical
error, did not provide actual notification to those committees until
January 10, 2020. Because the Department completed this notice
requirement on January 10, 2020, the U.S.-U.K. CLOUD Agreement will
enter into force not earlier than July 8, 2020, absent the enactment
into law of a resolution of disapproval as set forth under 18 U.S.C.
2523(d).
Non-Reviewable Determination and Certification
In accordance with 18 U.S.C. 2523(c), the determination and
certification by the Attorney General described in this notice are not
subject to judicial or administrative review.
Dated: February 25, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020-04248 Filed 3-2-20; 8:45 am]
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