[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40274-40275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected], 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: https://www.justice.gov/dag/cloudact. 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: https://www.justice.gov/dag/cloudact. 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]
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