Non-Disclosure_Agreement.docx

DEPARTMENT OF JUSTICE

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

NON-DISCLOSURE AGREEMENT

CONTRACT OR PROJECT IDENTIFIER: _________________________________________________

I, , hereby consent to the terms expressed in this Agreement in consideration of my being granted conditional access to certain (a) United States Government documents or material containing Sensitive But Unclassified or (b) documents or material of private entities containing proprietary information. (Circle appropriate type of information).

I understand and agree to the following terms and conditions:

1. By being granted conditional access to Sensitive But Unclassified or proprietary information, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement.

2. Sensitive But Unclassified information is unclassified information that does not meet the standards for National Security Classification under Executive Order 12958, as amended, but is (a) pertinent to the national interests of the United States or to the important interests of entities outside the Federal Government, and (b) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination; such as, the privacy to which individuals are entitled under Title 5 U.S.C. § 552a (Privacy Act).

3. Proprietary information is private, privileged, or confidential information involving trade secrets or commercial or financial data obtained from a person or entity disclosure of which could result in a competitive disadvantage to the person or entity submitting the information; such as, the protection afforded individuals under Title 18 U.S.C. § 1905 (Trade Secrets Act).

4. I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of: (a) contract employment or volunteer service with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), or assignment to an ATF task force; or (b) reviewing, evaluating, or otherwise involved in assessing a bid for contract as an ATF employee. ATF’s acceptance of my signature on this Agreement will permit me conditional access to certain information, more specifically defined as (e.g., documents, bids, memoranda, reports, testimony, deliberations, maps, drawings, schematics, plans, assessments, briefings, etc.) and/or to attend meetings in which such information is discussed or otherwise made available to me. ATF shall identify all Sensitive But Unclassified or proprietary information as such before it is disclosed to me. This Agreement will not allow me access to materials which the ATF has predetermined, in its sole discretion, are inappropriate for disclosure pursuant to this Agreement. This may include Sensitive But Unclassified or proprietary information provided to Justice by other agencies of the United States Government.

5. I will never divulge any Sensitive But Unclassified or proprietary information that is provided to me pursuant to this Agreement to anyone, unless I have been advised in writing by ATF that the individual or entity is authorized to receive it. Should I desire to make use of any Sensitive But Unclassified or proprietary information, I will do so in accordance with paragraph 8 of this Agreement. I will submit to ATF 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 obtained during the course of my work on my assigned project in order for ATF to ensure that no Sensitive But Unclassified or proprietary information is disclosed.

6. The restrictions in paragraph 5 do not apply with respect to Sensitive But Unclassified or proprietary information that: (a) was in my possession prior to receipt from ATF; (b) is or becomes a matter of public knowledge through no fault of mine; (c) is legally received by me from a third party without a duty of confidentiality; (d) is disclosed by the Government to a third party without a duty of confidentiality; or (e) is disclosed by me with ATF's prior written approval.

7. I hereby assign to the United States Government all royalties, remuneration, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of Sensitive But Unclassified or proprietary information not consistent with the terms of this Agreement.

8. If I am permitted, at the sole discretion of ATF, to review any official documents containing Sensitive But Unclassified or proprietary information, such review will be conducted at a Federal Government or approved secure facility or under circumstances that will maintain the security protection of such material. I will not be permitted to and will not reproduce any copies of documents or parts of documents to which conditional access is granted to me. Any notes taken during the course of such access will remain at ATF, to be placed in secure storage unless it is determined by ATF officials that the notes contain no Sensitive But Unclassified or proprietary information. If I wish to have the notes released to me, ATF officials will review the notes for the purposes of deleting any Sensitive But Unclassified or proprietary information to create a redacted copy of the notes. If I do not wish a review of any notes that I make, those notes will remain at ATF and are subject to destruction.

9. Any courses, PowerPoint or other presentations, or content that I have assisted in developing or developed in the course of the access afforded through this Agreement at the direction of ATF, may be released to parties outside of ATF only with the advance, written consent of ATF and remain the property of ATF, held in the public interest. ATF consent is required regardless of whether the conditions in paragraph 6 above apply.

10. If I violate the terms or conditions of this Agreement, I understand that the unauthorized disclosure of Sensitive But Unclassified or proprietary information could compromise law enforcement operations, the privacy rights of individual or business entities, or the security of ATF.

11. If I violate the terms or conditions of this Agreement, such violation may result in the cancellation of my conditional access to Sensitive But Unclassified and proprietary information. This may serve as a basis for denying me conditional access to ATF’s information in the future or to disciplinary process. If I violate the terms or conditions of this Agreement, the United States may institute a civil action for damages or any other appropriate relief. The willful disclosure of information to which I have agreed therein not to divulge may constitute a criminal offense.

12. Unless and until I am provided a written release by ATF 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 work on my assigned project, and at all times thereafter.

13. 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.

14. I understand that the United States Government may seek to enforce this Agreement, including application for a court order prohibiting disclosure of information in breach of this Agreement.

15. Neither party will be held liable to persons or entities not a party to this Agreement for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use arising from breach of this Agreement. This paragraph does not release either party from any liabilities arising under law, any other existing contract or federal acquisitions regulations.

16. By granting me conditional access to information in this context, the United States Government does not waive any statutory or common law evidentiary privileges or protections that it may assert in any administrative or court proceeding to protect any Sensitive But Unclassified or proprietary information to which I have been given conditional access under the terms of this Agreement.

17. These restrictions are consistent with and do not supersede, conflict with or otherwise alter any individual’s obligations, rights or liabilities created by Executive Order 12958 (Classified National Security Information); Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. § 421 et seq.) (governing disclosures that could expose confidential Government agents), and the statutes which protect against disclosure that may compromise the national security, including Sections 641,793, 794, 798, and 952 of Title 18, United States Code, and Section 4 (b) of the Subversive Activities Act of 1950 (50 U.S.C. Section § 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.

18. My execution of this Agreement shall not nullify or effect in any manner any other secrecy or nondisclosure Agreement which I have executed or may execute with the United States Government.

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

Print Name: _____________________________

Signature Date

This Agreement was accepted by the undersigned on behalf of ATF as a prior condition of conditional access to Sensitive But Unclassified or proprietary information.

Print name and Title: ___________________________________________________________________________

Signature Date

ATF F 8800.2 (8-2008) Page 1 of 3