Access to 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 agreement
1 Austria 27 July 2011 Text of Agreement Document PDF (in force 1 September 2012)
2 Romania 15 June 2017 Text of Agreement Document PDF (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


Part III - Ad Hoc Basis

  Member States Date of arrangement
1 Syrian Arab Republic 18 January 2016