OVERSEAS PRODUCTION ORDER REGULATIONS RE AGREEMENT BETWEEN UK AND US

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.

http://www.legislation.gov.uk/uksi/2020/38/contents/made

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s