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(Last updated: 22 August 2012)Access to Confidential/Classified Information

To be effective, the Office of the Ombudsperson must have access to classified/confidential information which underlies individual listings. This is essential for a proper consideration and understanding of the delisting petition. As well, in relation to fairness it affords an opportunity for an independent and objective review of the classified/confidential material even if it can not be shared further by the Ombudsperson.

In order to facilitate access to such information, the Ombudsperson has been exploring with a wide range of States the possibility of entering into arrangements/agreements for the sharing of information. The results of these efforts are reflected in the schedule in Part I below.

As States face many practical and legal challenges to entering into such arrangements and agreements, there have also been discussions with some States about the possibility of ad hoc, case by case sharing of information. Part II below reflects the results, to date, of those discussions in so far as that information can be made public.

Arrangements/Agreements for Access to Confidential/Classified/Sensitive Information

The Office of the Ombudsperson has formal agreements and arrangements in place for Access to Confidential/Classified/Sensitive Information. As well, some States have been willing to share such information on an ad hoc basis without either an arrangement or agreement.

The following is a list of agreements/arrangements and expressions of willingness to share.

Part I - Agreements

	Member States	Date of arrangement
1	Austria	27 July 2011 Text of Agreement (in force 1 Sept 2012)

 

Part II - Arrangements

	Member States	Date of arrangement
1	Switzerland	25 February 2011
2	Belgium	19 April 2011
3	United Kingdom	7 October 2011
4	Costa Rica	10 November 2011
5	New Zealand	23 November 2011
6	Germany	30 January 2012
7	Australia	24 February 2012
8	Portugal	26 March 2012
9	Liechtenstein	27 March 2012
10	France	15 May 2012
11	The Netherlands	9 August 2012

 

Part III - Ad Hoc Assistance

	Member States
1	The United States of America has expressed willingness, and demonstrated an ability, to share confidential information on an ad hoc basis.