Document ID: chunk:federal_register_of_legislation:F2024C01110:schedule:2:p5
Version: federal_register_of_legislation:F2024C01110
Segment Type: schedule
Provision Reference: sch 2 (pt 5/12)
Character Range: 190946–193978

shall not target a Covered Person if the purpose is to obtain information concerning a Receiving‑Party Person.

    5.            Orders subject to this Agreement shall be targeted at specific Accounts, and shall identify as the object of the Order a specific person, account, address, or personal device, or other specific identifier.

     Article 5: Issuance and Transmission of Orders
    1.            Orders subject to this Agreement shall be issued in compliance with the domestic law of the Issuing Party, and shall be based on requirements for a reasonable justification based on articulable and credible facts, particularity, legality, and severity regarding the conduct under investigation.

    2.            Orders subject to this Agreement shall be subject to review or oversight under the domestic law of the Issuing Party by a court, judge, magistrate, or other independent authority prior to, or in proceedings regarding, enforcement of the Order.

    3.            Orders subject to this Agreement for the interception of wire or electronic communications, and any extensions thereof, shall be for a fixed, limited duration; shall not last longer than is reasonably necessary to accomplish the approved purposes of the Order; and shall be issued only if the same information could not reasonably be obtained by another less intrusive method.

    4.            The Issuing Party shall not issue an Order subject to this Agreement at the request of or to obtain information to provide to the Receiving Party or a third‑party government.

    5.            The Issuing Party may issue Orders subject to this Agreement directly to a Covered Provider. Orders subject to this Agreement shall be transmitted by the Issuing Party's Designated Authority. The Designated Authorities of the Parties may mutually decide that the functions each carries out under Articles 5.5 through and inclusive of 5.9, 6.1, and 6.2 may be performed by additional authorities of their governments in whole or in part. The Designated Authorities of the Parties may, by mutual decision, prescribe rules and conditions for any such authorities.

    6.            Prior to transmission, the Issuing Party's Designated Authority shall review the Orders for compliance with this Agreement.

    7.            Each Order subject to this Agreement must include a written certification by the Issuing Party's Designated Authority that the Order is lawful and complies with the Agreement, including the Issuing Party's substantive standards for Orders subject to this Agreement.

    8.            The Issuing Party's Designated Authority shall notify the Covered Provider that it invokes this Agreement with respect to an Order.

    9.            The Issuing Party shall notify the Covered Provider of a point of contact at the Issuing Party's Designated Authority who can provide information on legal or practical issues relating to the Order.

   10.        In cases where an Order subject to this Agreement is issued for data in respect of an