[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67446-67447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23561]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 0


AG Order No. 4877-2020

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule authorizes the Assistant Attorney General in 
charge of the Criminal Division to perform the functions of the 
``Designated Authority'' under executive agreements on access to data 
by foreign governments that either designate the Attorney General or 
the Department of Justice (the ``Department'') as such authority or 
authorize the Attorney General to specify a Designated Authority, and 
for which the Attorney General has designated the Criminal Division as 
such authority. It also authorizes the Assistant Attorney General to 
further delegate that authority to officials in the Criminal Division, 
including officials in the Office of International Affairs (``OIA'').

DATES: Effective: October 23, 2020.

FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of 
International Affairs, Criminal Division, U.S. Department of Justice, 
Washington, DC 20005; Telephone (202) 514-0000.

SUPPLEMENTARY INFORMATION: Congress authorized the United States to 
enter into executive agreements with foreign governments under which 
the parties afford each other reciprocal rights of access to data 
covered by such agreements in response to qualifying, lawful orders. 
See Clarifying Lawful Overseas Use of Data Act, Public Law 115-141, 
Div. V, Section 105(a) (March 23, 2018), 18 U.S.C. 2523 (``CLOUD 
Act''). The first such executive agreement was concluded between the 
Government of the United States of America and the Government of the 
United Kingdom of Great Britain and Northern Ireland. See Agreement 
between the Government of the United States of America and the 
Government of the United Kingdom of Great Britain and Northern Ireland 
on Access to Electronic Data for the Purpose of Countering Serious 
Crime (October 3, 2019), available at https://www.justice.gov/dag/cloudact (the ``U.S.-U.K. Agreement''). The U.S.-U.K. Agreement 
provides that a ``Designated Authority'' for each country shall perform 
certain, specified functions necessary to implement the agreement. As 
applied to the United States, ``Designated Authority'' is defined under 
the agreement as ``the governmental entity designated . . . by the 
Attorney General. Id. at Article 1.8. To address the requirements of 
this executive agreement, the Attorney General has designated the 
Criminal Division as the ``Designated Authority'' in a Federal Register 
notice published concurrently with this rule. The final rule authorizes 
the Assistant Attorney General in charge of the Criminal Division to 
exercise the responsibilities of the Designated Authority and provides 
that the Assistant Attorney General may further delegate those 
responsibilities to officials within the Criminal Division, including 
officials in OIA. OIA serves as the Central Authority for the United 
States with respect to requests for information, evidence and other 
assistance received from and made to foreign authorities under mutual 
legal assistance treaties, multilateral conventions, and executive 
agreements regarding legal assistance in criminal matters. See 28 CFR 
0.64-1 (authorizing the Assistant Attorney General in charge of the 
Criminal Division to re-delegate the duties of the ``Central 
Authority'' to certain officials in OIA). Thus, OIA already carries out 
responsibilities similar to those of a Designated Authority under 
executive agreements negotiated pursuant to 18 U.S.C. 2523.
    To address future agreements of this nature, this final rule 
applies to any executive agreement under 18 U.S.C. 2523 that either 
designates the Attorney General or the Department of Justice as the 
Designated Authority or authorizes the Attorney General to designate a 
Designated Authority, and for which the Attorney General has designated 
the Criminal Division as such authority.

[[Page 67447]]

Administrative Procedure Act--5 U.S.C. 553

    This rule is a rule of agency organization and relates to a matter 
relating to agency management and is therefore exempt from the 
requirements of prior notice and comment and a 30-day delay in the 
effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A), 553(d).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains to 
personnel and administrative matters affecting the Department. Further, 
a Regulatory Flexibility Analysis is not required to be prepared for 
this final rule because the Department was not required to publish a 
general notice of proposed rulemaking for this matter. 5 U.S.C. 604(a).

Executive Orders 12866, 13563, and 13771--Regulatory Review

    This action has been drafted and reviewed in accordance with 
section 1(b) of Executive Order 12866, ``Regulatory Planning and 
Review,'' and section 1(b) of Executive Order 13563, ``Improving 
Regulation and Regulatory Review.'' This rule is limited to agency 
organization, management, and personnel as described in section 3(d)(3) 
of Executive Order 12866 and, therefore, is not a ``regulation'' or 
``rule'' as defined by the order. Accordingly, this action has not been 
reviewed by the Office of Management and Budget.
    This rule is not subject to the requirements of Executive Order 
13771, ``Reducing Regulation and Controlling Regulatory Costs,'' 
because it is not a significant regulatory action under Executive Order 
12866, and because it is ``related to agency organization, management, 
or personal'' and thus not a ``rule'' under section 4(b) of Executive 
Order 13771.

Executive Order 13132--Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 13132, it 
is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement.

Executive Order 12988--Civil Justice Reform

    This rule was drafted in accordance with the applicable standards 
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1955

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year (adjusted annually for inflation), 
and it will not significantly or uniquely affect small governments. 
Therefore, no actions were deemed necessary under the provisions of the 
Unfunded Mandates Reform Act of 1995.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act, 5 U.S.C. 
804(3)(B), (C). Therefore, the reporting requirement of 5 U.S.C. 801 
does not apply.

List of Subjects in 28 CFR Part 0

    International Agreements, Treaties.

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, part 0 of 
title 28 of the Code of Federal Regulations is amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.


0
2. Section 0.64-6 is added to subpart K to read as follows:


Sec.  0.64-6  Designated Authority under executive agreements on access 
to data by foreign governments.

    The Assistant Attorney General in charge of the Criminal Division 
shall have the authority and perform the functions of the ``Designated 
Authority'' (or like designation) under executive agreements between 
the United States of America and other countries regarding access to 
data by foreign governments, negotiated pursuant to the authority in 18 
U.S.C. 2523. This delegation applies to executive agreements that 
either designate the Attorney General or the Department of Justice as 
the Designated Authority or authorize the Attorney General to designate 
a Designated Authority, and for which the Attorney General has 
designated the Criminal Division as such authority. The Assistant 
Attorney General in charge of the Criminal Division is authorized to 
delegate this authority to the Deputy Assistant Attorneys General in 
the Criminal Division, and to the Director, the Deputy Directors and 
Associate Directors of the Office of International Affairs.

    Dated: October 19, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020-23561 Filed 10-20-20; 4:15 pm]
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