Common use of Transferred Information Clause in Contracts

Transferred Information. Classified information transferred from one agen- cy to another in conjunction with a transfer of functions, and not merely for storage purposes, shall be consid- ered under the control of the receiving agency for purposes of downgrading and declassification, subject to con- sultation with any other agency that has an interest in the subject matter of the information. Prior to forwarding classified information to an approved storage facility of the Bank, to a Fed- eral records center, or to the National Archives for permanent preservation, the information shall be reviewed for downgrading or declassification. Classified information determined by the Archivist of the United States to be of sufficient value to warrant per- manent retention will be subject to systematic declassification review by the Archivist in accordance with guide- lines provided by the Bank, as origi- nator of the information. These guide- lines shall be developed by the Secu- rity Officer who is designated by the Bank to assist the Archivist in the re- view process. The guidelines shall be reviewed every five years or as re- quested by the Archivist of the United States. (a) Classified information under the jurisdiction of the Bank shall be re- viewed for declassification upon receipt of a request by a United States citizen or permanent resident alien, a Federal agency, or a State or local government. A request for mandatory review of clas- sified information shall be submitted in writing and describe the information with sufficient particularity to locate it with a reasonable amount of effort. Requests may be addressed to the: General Counsel, Export-Import Bank of the U.S., ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇., ▇▇▇▇- ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (b) The Bank’s response to manda- tory review requests will be governed by the amount of search and review time required to process the request. The Bank will acknowledge receipt of all requests, and will inform the re- quester if additional time is needed to process the request. Except in unusual circumstances, the Bank will make a final determination within one year from the date of receipt of the request. (c) When information cannot be de- classified in its entirety, the Bank will make a reasonable effort to release, consistent with other applicable laws, those declassified portions that con- stitute a coherent segment. (d) The bank shall determine whether information under the classification jurisdiction of the Bank or any reason- ably segregable portion of it no longer requires protection. If so, the General Counsel shall promptly make such in- formation available to the requester, and shall inform the requester of any fees due before releasing the document. If the information may not be released, in whole or in part, the General Coun- sel shall give the requester a brief statement of the reasons, and a notice, mailed with return receipt requested, of the right to appeal the determina- tion within 60 days of the denial let- ter’s receipt. (e) The agency that initially received or classified records containing foreign government information shall be re- sponsible for making a declassification determination on review requests for classified records which contain such foreign government information. Such requests shall be referred to the appro- priate agency for action.

Appears in 2 contracts

Sources: Compliance Agreement, Fdic Agreement