Attach 10- CUI Non-Disclosure Secure Spaces V1.pdf

CUI NOTICE 2020-03a: This guidance document is binding on agency and Federal contractor actions as authorized under applicable statute, executive order, regulation, or similar authority. This guidance document does not have the force and effect of law on, and is not meant to bind, the public, except as authorized by law or regulation or as incorporated into a contract.

332 ECONS

NON-DISCLOSURE AGREEMENT

I, ____________ __, an individual official, employee, consultant, or subcontractor of or to _______ (the authorized non-Federal entity), intending to be legally bound, consent to the terms in this agreement in consideration of being granted access to Controlled Unclassified Information, specified below.

Signer acknowledges the category or categories of information that they may have access to, and the signer's willingness to comply with the standards for protection, by lacin their initials in ont o the a licable cate o or cate ories below:

Initials: Controlled Unclassified Information (CUI) Categories:

[List all applicable CUI Categories by Category Name]

As used in this agreement and as defined in 32 CFR Part 2002, Controlled

Unclassified Information (CUI) is information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy (LRGWP) requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information [Information that Executive Order 13526, Classified National

Security Information, December 29, 2009 (3 CFR, 2010 Comp., p. 298), any predecessor or successor order, or the Atomic Energy Act of 1954, as amended, requires agencies to mark with classified markings and protect against unauthorized disclosure] or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency.

The LRGWP may require or permit safeguarding or dissemination controls in three ways: (1) Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic; (2)

Requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified;

or (3) Requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with

CUI Basic controls where the authority does not specify.

I attest that I am familiar, and will comply, with the standards for accessing, disseminating, handling, and safeguarding the information to which I am granted access as cited in this agreement and in accordance with 32 CFR Part 2002, applicable LRGWP, and with the guidance provided to me by [AGENCY] relative to the category of information.

I understand and agree to the following conditions for access to the information indicated above:

Operations Security the United States Government nor the non-Federal authorized entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any CUI to which I have been given access under the terms of this agreement.

10. Severability: 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.

11. Other agreements: My execution of this agreement shall not nullify or affect in any manner any other secrecy or non-disclosure agreement(s) that I have executed or may execute with [Agency], the United States Government, or any of its other departments or agencies.

12. Signing this agreement does not bar disclosures as required by superseding authorities of existing or future LRGWP.

13. I read this agreement carefully and my questions, if any, were answered. I acknowledge that [AGENCY] has made available to me any agency guidance, LRGWP, or other laws, regulations, or directives referenced in this agreement so that I may read them at this time, if I so choose.

Typed/Printed Name:

332 ECONS

NON-DISCLOSURE AGREEMENT

Acknowledgement Government/Department/ Agency /Business

Address

Telephone Number:

I make this agreement in good faith, without mental reservation or purpose of evasion.

Signature:

ACCEPTANCE:

Typed/Printed Name:

Signature:

Government/Department/ Agency /Business

Address

Telephone Number: