[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]
 BILLING CODE 4410-14-P