Att 4 Non-Disclosure.docx

Internal Controls Support Services A-12-020

ATTACHMENT #4

NON-DISCLOSURE AGREEMENT

Conditional Access to Nonpublic Information

I, _______________________________________, employee of ____________ [Insert legal n name of the Contractor/Subcontractor in the blank] hereby execute this non-disclosure agreement pursuant to the terms of Contract Number _______ [Insert actual contract number in the blank] (“Contract”) between the U.S. Department of the Treasury (“Treasury”) and __________[Insert Contractor’s Legal Name in the blank] (“Contractor”) in consideration of my being granted conditional access to certain United States Government nonpublic information.

I understand and agree to the following terms and conditions:

1. By being granted conditional access to nonpublic information, the Treasury has placed special confidence and trust in me, and I am obligated to protect this information from unauthorized disclosure, according to the terms of the Contract.

2. Nonpublic information refers to any information, provided to me by the Treasury, third-parties, or the Contractor/subcontractor as applicable] in connection with my services to the Treasury, or that I obtain or develop in providing services to the Treasury, other than information designated as publicly available by the Treasury in writing or that becomes publicly available from a source (other than myself, the Contractor/subcontractor as applicable]. Nonpublic information includes but is not limited to information about the Treasury’s business, economic, and policy plans; financial information; source selection information; trade secrets; information subject to the Privacy Act; personally identifiable information (PII); and sensitive but unclassified (SBU) information.

3. PII includes, but is not limited to, information pertaining to an individual's education, bank accounts, financial transactions, medical history, and criminal or employment history and other information which can be used to distinguish or trace an individual's identity, such as their name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual. This definition includes information that the loss, misuse, or unauthorized access to or modification of could adversely affect the privacy that individuals are entitled to under the Privacy Act.

4. SBU information is any information where the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the conduct of Federal programs. This definition includes trade secret or other information protected under the Trade Secrets Act, and may include other information designated by the Treasury or as defined by other Federal Government sources.

5. I agree to comply with the requirements of 31 C.F.R. § 31.217(b), and in accordance therewith:

a. I shall not divulge any nonpublic information provided, obtained or developed pursuant to this Agreement to any third party, unless (i) I have been advised in writing by the Treasury that such party is authorized to receive it, or (ii) I am required by law to release information pursuant to a lawful court order or valid subpoena after giving prior notice to Treasury.

b. I shall not use or allow the use of any nonpublic information to further any private interest other than as contemplated by the arrangement.

6. I will submit to the Treasury for security review, prior to any submission for publication, any book, article, column or other written work for general publication that is based upon any knowledge I obtain during the course of my work in connection with the Treasury. I hereby assign to the Federal Government all rights, royalties, remunerations and emoluments that have resulted or will result or may result from any disclosure, publication, or revelation of nonpublic information not consistent with the terms of this Agreement.

7. If I violate the terms and conditions of this Agreement, I understand that the unauthorized disclosure of nonpublic information would cause Treasury, [and/or the Contractor/Subcontractor, as applicable] material harm and could compromise the security of individuals and/or the Treasury. The willful disclosure of certain nonpublic information may also constitute a criminal offense.

8. Treasury may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.

9. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to nonpublic information. Further, violation of the terms and conditions of this Agreement may result in the United States government [and/or the Contractor/or subcontractor, as applicable] taking administrative, civil or any other appropriate relief.

10. Unless I am provided a written release by the Treasury from this Agreement, or any portions of it, all conditions and obligations contained in this Agreement apply both during my period of conditional access, which shall terminate at the conclusion of my work on ____________ [Insert actual contract or task order number in the blank], and after my affiliation and/or employment with the Contractor/or Subcontractor [name] ends..

11. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

12. I understand that if I am under U.S. Congressional or judicial subpoena, I may be required by law to release information, and that pursuant to 31 C.F.R. Part 31, I shall provide prior notice to Treasury of any such disclosure or release.

I execute and deliver this Agreement, in good faith, as of the date below.