The Overseas Production Orders and Requests for Interception (Designation of Agreement) Regulations 2020, which come into force on 28 February, designate the 2019 the Agreement between UK and US on access to electronic data for the purpose of countering serious crime as a relevant treaty under the Crime (Overseas Production Orders) Act 2019. This will enable overseas production orders to be made in respect of persons located in the US. The Agreement permits the UK to acquire, or obtain access to, electronic communications held or transmitted by US companies and permits US to acquire, or obtain access to, the content of communications held or transmitted by UK companies. The 2019 Act created a new form of overseas production order to obtain electronic communications data and has extra-territorial effect, meaning that these orders are granted by UK courts exerting jurisdiction over evidence and persons outside the UK. This jurisdiction may only be asserted where a relevant treaty to which the UK is a party permits this to happen and which has been designated for the purposes of the 2019 Act – hence the need to designate the Agreement with the US. The Home Secretary has sought and obtained written assurances from the US relating to the non-use of information obtained by virtue of the Agreement in connection with proceedings for a death penalty offence in the US.