U.S. Department
of Justice
Regarding CLOUD Act Executive Agreements
What is the CLOUD Act?
The Clarifying Lawful Overseas Use of Data Act, or “CLOUD Act,” authorizes the United States to enter into executive agreements with other countries that remove restrictions under each country’s laws so that covered service providers in one country can comply with qualifying, lawful orders seeking electronic data issued by the other country. Service providers covered by CLOUD Act executive agreements are private entities that (1) provide to the public the ability to communicate, or to process or store computer data, by means of a computer system or a telecommunications system or (2) process or store the computer data on behalf of an entity defined in (1).
The Office of International Affairs serves as the Designated Authority for the United States under CLOUD Act executive agreements. As the Designated Authority, the Office of International Affairs implements CLOUD Act executive agreements for the United States, including, but not limited to, processing orders subject to CLOUD Act executive agreements on behalf of authorities within the United States. For additional information on the CLOUD Act and CLOUD Act executive agreements, please visit Cloud Act Resources (justice.gov).
I am a prosecutor or law enforcement agent in the United States. What do I need to do in order to obtain electronic data that is covered by a CLOUD Act executive agreement?
If you are a prosecutor or law enforcement agent seeking to obtain electronic data that is covered by a CLOUD Act executive agreement, you must register with the Federal Bureau of Investigation’s National Domestic Communications Assistance Center (NDCAC) to obtain required training and certification by either visiting NDCAC’s online portal here or contacting AskNDCAC@fbi.gov. After completing the training, prosecutors should contact the Office of International Affairs, Criminal Division, U.S. Department of Justice to invoke a CLOUD Act executive agreement.
Are CLOUD Act executive agreements available for use by defendants in criminal cases?
No. By their terms, CLOUD Act executive agreements are reserved for use by the authorities of the parties seeking to detect, prevent, investigate, or prosecute serious crimes. These agreements are not available for use by private parties, including criminal defendants. If you are defense counsel seeking assistance in a criminal matter, you may request assistance from abroad through a letter rogatory transmitted through the State Department. Please consult the guidance provided by the State Department’s Bureau of Consular Affairs here.
Is guidance available for service providers covered by CLOUD Act executive agreements?
Yes. Service providers seeking guidance on CLOUD Act executive agreements may consult the following materials: