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Government Non Disclosure Agreement for the United States

Government Non Disclosure Agreement Template for United States

A Government Non-Disclosure Agreement is a legally binding document used in the United States federal government context to protect classified, sensitive, or controlled unclassified information from unauthorized disclosure. This agreement establishes the obligations and responsibilities of individuals or organizations who receive access to protected government information, including handling procedures, security requirements, and penalties for unauthorized disclosure. It is governed by federal laws including the National Security Act, Executive Orders, and agency-specific regulations.

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Government Non Disclosure Agreement

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What is a Government Non Disclosure Agreement?

Government Non-Disclosure Agreements are essential tools for protecting national security and sensitive government information in the United States. These agreements are required whenever contractors, individuals, or organizations need access to classified or sensitive government information. The document establishes strict protocols for information handling, security clearance requirements, and consequences of unauthorized disclosure. It operates under federal jurisdiction and must comply with various regulations including the National Security Act, Freedom of Information Act, and specific agency requirements. This type of agreement is particularly crucial in defense contracts, intelligence operations, and other sensitive government projects.

What sections should be included in a Government Non Disclosure Agreement?

1. Parties: Identification of the government agency and the recipient of classified/sensitive information

2. Background: Context of the disclosure relationship and purpose of the agreement

3. Definitions: Key terms including 'Classified Information', 'Sensitive Information', 'Need to Know', etc.

4. Scope of Confidential Information: Detailed description of what constitutes protected information

5. Security Clearance Requirements: Required clearance levels and verification procedures

6. Obligations of Recipient: Specific duties regarding handling and protecting information

7. Term and Termination: Duration of obligations and termination conditions

8. Return or Destruction of Information: Procedures for handling protected information upon termination

What sections are optional to include in a Government Non Disclosure Agreement?

1. International Transfer Restrictions: Required when information might cross borders or when dealing with international contractors or foreign involvement

2. Specific Agency Requirements: Agency-specific handling procedures, required when dealing with specific agencies (DoD, DOE, etc.)

3. Subcontractor Requirements: Rules for sharing with subcontractors, required when subcontractors may be involved

What schedules should be included in a Government Non Disclosure Agreement?

1. Security Procedures Manual: Detailed procedures for handling classified information

2. Authorized Personnel List: List of individuals cleared to access the information

3. Classification Guide: Guidelines for identifying and marking classified information

4. Incident Reporting Procedures: Steps to follow in case of security breaches

5. Facility Clearance Documentation: Proof of facility security clearance if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses






























Industries

National Security Act of 1947: Fundamental law that established the structure of U.S. national security organizations and procedures for handling classified information

Freedom of Information Act (FOIA): Law governing public access to federal government records, with exemptions for classified and sensitive information

Trade Secrets Act: Federal law (18 U.S.C. 锟斤拷锟斤拷锟斤拷 1905) prohibiting federal employees from disclosing confidential government information

Privacy Act of 1974: Regulates the collection, maintenance, use, and dissemination of personal information by federal agencies

Intelligence Identities Protection Act: Criminalizes the intentional disclosure of information identifying covert intelligence officers

Classified Information Procedures Act: Establishes procedures for handling classified information in federal criminal proceedings

Executive Order 13526: Prescribes a uniform system for classifying, safeguarding, and declassifying national security information

Executive Order 12829: Establishes the National Industrial Security Program to safeguard classified information released to contractors

Federal Acquisition Regulation (FAR): Primary regulation for federal government procurement, including provisions for handling sensitive information

Defense Federal Acquisition Regulation Supplement: DoD-specific procurement regulations including additional requirements for classified information protection

18 U.S.C. 锟斤拷锟斤拷锟斤拷 793: Criminal statute concerning gathering, transmitting, or losing defense information

18 U.S.C. 锟斤拷锟斤拷锟斤拷 798: Criminal statute specifically addressing disclosure of classified information

FISMA: Federal Information Security Management Act establishing information security standards for federal agencies

NIST Special Publications: Technical standards and guidelines for information security and data protection

State Trade Secret Laws: State-specific regulations protecting government and private sector trade secrets

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