Notice2022-14320
Office of the Attorney General; Clarifying Lawful Overseas Use of Data Act; Attorney General Certification and Determination
Primary source
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Published
July 6, 2022
Issuing agencies
Justice Department
Abstract
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 on December 15, 2021, the Attorney General certified his determination that the laws of the Government of Australia and the Agreement between the Government of the United States of America ("U.S." or the "United States") and the Government of Australia on Access to Electronic Data for the Purpose of Countering Serious Crime (the "U.S.-Australia CLOUD Agreement" or "Agreement") satisfy the requirements of the CLOUD Act. On December 22, 2021, the Attorney General submitted a written certification of his determination to Congress.
Full Text
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<title>Federal Register, Volume 87 Issue 128 (Wednesday, July 6, 2022)</title>
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[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40274-40275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14320]
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DEPARTMENT OF JUSTICE
[A.G. Order No. 5453-2022]
Office of the Attorney General; Clarifying Lawful Overseas Use of
Data Act; Attorney General Certification and Determination
AGENCY: Department of Justice.
ACTION: Notice.
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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 on
December 15, 2021, the Attorney General certified his determination
that the laws of the Government of Australia and the Agreement between
the Government of the United States of America (``U.S.'' or the
``United States'') and the Government of Australia on Access to
Electronic Data for the Purpose of Countering Serious Crime (the
``U.S.-Australia CLOUD Agreement'' or ``Agreement'') satisfy the
requirements of the CLOUD Act. On December 22, 2021, the Attorney
General submitted a written certification of his determination to
Congress.
DATES: The U.S.-Australia CLOUD Agreement will enter into force not
earlier than June 20, 2022, unless Congress enacts a joint resolution
of disapproval, in accordance with the CLOUD Act, and after the United
States and Australia have exchanged diplomatic notes indicating that
each country has taken the steps necessary to bring the agreement into
force.
FOR FURTHER INFORMATION CONTACT: Richard Downing, Deputy Assistant
Attorney General, Criminal Division, 950 Pennsylvania Avenue NW,
Washington, DC 20530-0001, email: <a href="/cdn-cgi/l/email-protection#4201302b2f2b2c232e6c062b342b312b2d2c023731262d286c252d34"><span class="__cf_email__" data-cfemail="084b7a616561666964264c617e617b616766487d7b6c6762266f677e">[email protected]</span></a>, phone:
202-514-2000.
SUPPLEMENTARY INFORMATION: The CLOUD Act, Public Law 115-141, Div. V,
132 Stat. 1213-25 (2018), 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. 132 Stat. at 1213-17.
Before such 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),
and after the United States and Australia have exchanged diplomatic
notes indicating that each country has taken the steps necessary to
bring the agreement into force.
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.
[[Page 40275]]
Determination and Certification Pursuant to Section 2523(b)
On December 15, 2021, the Minister for Home Affairs of Australia
and the Attorney General of the United States signed the U.S.-Australia
CLOUD Agreement. A copy of the U.S.-Australia CLOUD Agreement is
available at: <a href="https://www.justice.gov/dag/cloudact">https://www.justice.gov/dag/cloudact</a>. On December 15,
2021, the Attorney General certified his determination that the laws of
the Government of Australia and the U.S.-Australia CLOUD Agreement
satisfy 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 explained in the ``Explanation of
each consideration in determining that the Agreement satisfies the
requirements of 18 U.S.C. 2523(b),'' available at: <a href="https://www.justice.gov/dag/cloudact">https://www.justice.gov/dag/cloudact</a>. Secretary of State Blinken concurred with
the Attorney General's determination.
Notification to Congress Pursuant to Section 2523(d)
The Department of Justice transmitted the U.S.-Australia CLOUD
Agreement certification to Congress December 22, 2021. The Attorney
General provided the certification to the Senate Committee on the
Judiciary, the Senate Committee on Foreign Relations, the House
Committee on the Judiciary, and the House Committee on Foreign Affairs.
The U.S.-Australia CLOUD Agreement will enter into force not earlier
than June 20, 2022, unless Congress enacts a joint resolution of
disapproval, in accordance with 18 U.S.C. 2523(d), and after the United
States and Australia have exchanged diplomatic notes indicating that
each country has taken the steps necessary to bring the agreement into
force.
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: June 24, 2022.
Merrick B. Garland,
Attorney General.
[FR Doc. 2022-14320 Filed 7-5-22; 8:45 am]
BILLING CODE 4410-14-P
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