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Service Level Agreement (SLAl between the ACPO Criminal Records Office (ACRO) and Embassy of the United States •
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Purpose
I Parties
I Date agreement comes in to Force
To provide PNC information including
Convictions, Cautions, Reprimands and
Warnings, where available, to Embassy of
the United States to assist with Security
Checking.
This is not a legally binding document
The ACPO Criminal Records Office
(ACRO)lreferred to in this SLA as "we",
"us", "our") and Embassy of the United
States (referred to in this SLA as "you",
"your")
I 31/10/2011
Date of agreement Review
This will be 12 months after the above
date
Agreement drawn up by
Detective Superintendent Gary Linton,
Head of the ACPO Criminal Records
Office and Mark Hipp, of Embassy of the
United States
DEFINITIONS Definitions applying to all sections of this SLA
• "we" "us" "our" means the "ACPO Criminal Records Office (ACRO)"
• "you" "your" means to Embassy of the United States
•
"both of us" means both AeRO and to Embassy of the United States
• "either of us" means either AeRO or to Embassy of the United States
• "neither of us" means neither AeRO or to Embassy of the United States
• "representative" means the person nominated or subsequently nominated to
sign the SLA on behalf of either AeRO or to Embassy of the United States
• "working day" means a calendar day other than any Saturday, Sunday or
public holiday in the place where the services are being performed or
product provided.
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Introduction
1.1 This paper outlines the process for security checking individuals who have
access to the Embassy of the United States of America, who may pose a
security threat.
1.2 Appropriate conviction information can be provided by us from the Police
National Computer (PNC).
1.4 Consideration must also be taken into whether such information can be
disclosed due to domestic (and international) laws.
2 Purpose
2.1 The purpose of this SLA will be to assist with the security checking of those
individuals referenced in paragraph 1.1.
• Providing you with relevant conviction information of those subjects
requested.
3
Partners
3.1 This agreement is between the following partners:
The ACPO Criminal Records Office
PO Box 481
Fareham
P0149FS
Embassy of the United States
24 Grosvenor Square
Marylebone
London
W1A 2LQ
4 Powers
4.1 This agreement fulfils the requirements of the following:
• The Data Protection Act 1998
5 Process
For each subject, you require the conviction information.
5.2 In order for us to correctly identify the individual on PNC, you will need to provide
a full data set which should contain the following information for each
subject:
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Surname
Forename
All other names by which you have been known (eg Maiden, Alias)
Date of birth (including alias dates of birth)
Sex
Address
Place of Birth (town & country)
5.3 Where the applicant's personal details do not exactly match that of the record found on PNC, we will contact you to obtain further information in an attempt to confirm a match I no match. Where further information is still inconclusive, then we may require fingerprints to validate the identity of an individual before releasing the record. 5.4 The data set will be provided by you via secure Email. Where a secure e-mail address is unavailable the data will be submitted by post, which may incur delays in the process. 5.5 A delay in the process is likely to occur if the data set is incomplete or inaccurate.
5.6 Once a full data set has been received by us, the information will be sent to you via a secure email network within 5 working days (standard service). Where a secure e-mail address is unavailable the data will be returned by post, which may incur delays in the process. 5.7 For a standard service check for conviction information we will charge £ 10 per
subject. These payments will be made in accordance with the United States
Government's Blanket Purchase Agreement no:SOUK560-10-A-1462.
5.8 Where urgent checks are required (supported by a written rationale
evidencing the urgency), ACRO have the ability to establish a team capable
of expediting the request at no additional cost.
5.9 In circumstances where we identify non conviction information that may be of
value in determining a security threat, we will pass this information to you.
5.10 A purchase order number and invoice address will be supplied by you prior to the service commencing. Frequency of invoicing will be agreed between the parties depending on volumes of requests. 6
Confidentiality
6.1 All information, including personal information that comes into your possession
or knowledge in connection with this SLA shall be treated as strictly
confidential.
6.2 You will not share this information or disclose any confidential information
obtained in connection with this SLA other than in provision of the services.
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6.3 The information we provide will be used only for purposes relating to national
security, the prevention, investigation or detection of crime, or the
apprehension or prosecution of offenders. The requests for PNC information
will only come from the United States Embassy in London
6.4 The information that we provide will be held securely to safeguard against
unauthorised access or dissemination of it and will only be used by those who
need to use it to carry out the purposes mentioned and will not be further
disclosed to any individuals or organisations for any other purpose. The
information provided will not be sent overseas without the express permission
of ACRO.
6.5 Taking account of the legal constraints, you will retain responsibility for disclosures made in accordance with any relevant legislation. 6.6 You will destroy information once the purpose for which it was requested has
been fulfilled.
7.
Force Majeure
7.1 Neither Party shall be liable to the other Party by reason of any failure or delay in
performing its obligations under the Contract which is due to Force Majeure,
where there is no practicable means available to the Party concerned to avoid
such failure or delay.
7.2 If either Party becomes aware of any circumstances of Force Majeure which
give rise to any such failure or delay, or which appear likely to do so, that Party
shall promptly give notice of those circumstances as soon as practicable after
becoming aware of them and shall inform the other Party of the period for
which it estimates that the failure or delay will continue.
7.3 For the purposes of this Condition, "Force Majeure" means any event or
occurrence which is outside the control of the Party concerned and which is not
attributable to any act or failure to take preventive action by the Party
concerned, but shall not include any industrial action occurring within the
Contractor's organisation or within any sub-contractor's organisation.
7.4 Any failure or delay by the Contractor in performing his obligations under the
Contract which results from any failure or delay by an agent, sub-contractor or
supplier shall be regarded as due to Force Majeure only if that agent, sub­
contractor or supplier is itself impeded in complying with an obligation to the
Contractor by Force Majeure.
8. Term
8.1 This SLA will commence upon its signature by both the authorised
representatives of both of us. This SLA will remain in force for an initial term of
12 months, atter which a review will take place.
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8.2 If both parties deem it appropriate, a procedural review meeting will take
place after six months. This will not affect the validity or terms of the 12 month
agreement.
9. Signature
9.1 By signing this agreement, all representatives accept responsibility for its
execution and agree to ensure that staff are trained, so that requests for this
information, and the process of sharing it. are sufficient to meet the purpose of
this agreement.
9.2 Representatives must also ensure that they comply with all the relevant
legislation.
9.3 Signed on behalf of the Embassy of the United States
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