FD-857a (9-9-2016)
S
ENSITIVE INFORMATION
NONDISCLOSURE AGREEMENT
An Agreement between _________________________________________________________
and the Federal Bureau of Investigation (FBI) regarding the following activities:
1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in
consideration of my being granted access to FBI controlled facilities as required to perform my duties. While I have
not been granted access to sensitive information, I acknowledge that I could inadvertently become exposed to
sensitive information in the course of my duties. As used in this Agreement, sensitive information is marked or
unmarked information, including, but not limited to, oral communications, the disclosure of which may compromise,
jeopardize or subvert any investigation. Sensitive information also includes information relating to closed
investigations, the disclosure of which might compromise, jeopardize or subvert other law enforcement activities or
investigations. I understand and accept that by being granted access to FBI controlled facilities, special confidence
and trust shall be placed in me by the FBI.
2
.
I
hereby acknowledge that I have received an indoctrination concerning the nature and protection of
sensitive information, including the procedures to be followed in the event that I am inadvertently exposed to
sensitive information, ascertaining whether other persons to whom I contemplate disclosing this information have
been approved for access to it, and that I understand these procedures.
3
.
I
have been advised that the unauthorized access, unauthorized disclosure, unauthorized retention, or
negligent handling of sensitive information may cause irreparable damage to FBI investigations and that I will never
divulge sensitive information to anyone unless (a) I have officially verified that the recipient has been properly
authorized by the FBI to receive it; or (b) I have been given prior written notice of authorization from the FBI that
such disclosure is permitted. I understand that if I am uncertain as to the sensitive nature or status of information, I
am required to confirm from an authorized official that the information may be disclosed prior to disclosure of this
information.
4. I
have been advised that any breach of this Agreement may result in the termination of my relationship
with the FBI and access to FBI controlled facilities. In addition, I have been advised that any unauthorized
disclosure of information by me may constitute a violation or violations of United States criminal laws, including
Title 18, United States Code, or may lead to criminal prosecution for obstruction of lawful government functions. I
realize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any
statutory violation.
5. I understand that all sensitive information to which I may be exposed to by signing this agreement is now
and will remain the property of, or in the control of the FBI unless otherwise determined by an authorized official or
final ruling in a court of law. I agree that I shall return all sensitive materials which have or may come into my
possession: (a) upon demand by an authorized representative of the United States Government; (b) upon discovery
that the materials contain sensitive information; or (c) upon the conclusion of my relationship with the FBI,
whichever occurs first.
6
.
I
understand that these restrictions are consistent with and do not supersede, conflict with, or otherwise
alter my obligations, rights, or liabilities created by Executive Order No. 12958; Section 7211 of Title 5, U.S.C.
(governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of
Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the FBI Whistleblower Protection Act (5 U.S.C. 2303, 28
C.F.R. Part 27) (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose
confidential government agents); and the statutes which protect against disclosure that may compromise the national
security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions,
and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are
controlling. I further understand, however, that any such information that is disclosed pursuant to applicable federal
law continues to be subject to this agreement for all other purposes, and disclosure to the appropriate entities
provided by federal law does not constitute public disclosure or declassification, if applicable, of such information.
Attachment 24 15F06719R000004 0007 RMACC