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 agreement | |
|---|---|---|
| 1 | Austria | 27 July 2011 Text of Agreement  (in force 1 September 2012) |
| 2 | Romania | 15 June 2017 Text of Agreement (in force 12 December 2018) |
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 |
| 12 | Finland | 31 March 2014 |
| 13 | Luxembourg | 20 June 2014 |
| 14 | Ireland | 19 December 2014 |
| 15 | Denmark | 2 March 2015 |
| 16 | United States of America | 13 November 2015 |
| 17 | Canada | 29 November 2016 |
| 18 | Italy | 3 June 2020 |
| 19 | Iraq | 6 June 2022 |
Part III - Ad Hoc Basis
| Member States | Date of arrangement | |
|---|---|---|
| 1 | Syrian Arab Republic | 18 January 2016 |