Five Eyes Charter

The Five Eyes Law Enforcement Group is an alliance of security and intelligence agencies from Australia, Canada, New Zealand, the United Kingdom, and the United States, which share information and coordinate efforts to combat international crime.

This article explores the Charter of the Five Eyes Intelligence Oversight and Review Council.

 

Charter of the Five Eyes Intelligence Oversight and Review Council

The Charter of the Five Eyes Intelligence Oversight and Review Council outlines the Parties to the Five Eyes Charter, the scope and purpose of the Charter, and other operational considerations.

 

Parties to the Five Eyes Charter

As the non-political intelligence oversight, review, and security entities of the member countries, the following institutions are the Parties to the Five Eyes Charter and comprise the Five Eyes Intelligence Oversight and Review Council.

  • Office of the Inspector General of Intelligence and Security of Australia.
  • Office of the Communications Security Establishment Commissioner and the Security and Intelligence Review Committee of Canada.
  • Commissioner of Intelligence Warrants and the Office of the Inspector-General of Intelligence and Security of New Zealand.
  • Investigatory Powers Commissioner’s Office of the United Kingdom.
  • Office of the Intelligence Community Inspector General of the United States.

 

Scope and purpose of the Charter

The Charter covers the relations of the above-mentioned Council Members in intelligence oversight, review, and security matters. The Council is established with the purpose of creating a forum where Council Members may:

  • Exchange views on subjects of mutual interest and concern.
  • Compare best practices in review and oversight methodology.
  • Explore areas where cooperation on reviews and the sharing of results is permitted where appropriate.
  • Encourage transparency to the largest extent possible to enhance public trust.
  • Maintain contact with political offices, oversight and review committees, and non-Five Eyes countries as appropriate.

Council Members, and the law enforcement authorities of their respective countries, commit to sharing information and collaborating to advance the stated purposes where appropriate and within the respective limits imposed by law.

 

An example of the Five Eyes work in action

A recent example of successful collaboration between Five Eyes members was Operation Ironside, where the AFP and FBI covertly operated and monitored an encrypted communication platform that was used by criminals to plan drug deals and money laundering schemes.

In Australia, Operation Ironside charged 383 alleged offenders with 2,430 offences. As of June 2022  when the AFP Commissioner addressed the Five Eyes and discussed the successes of Operation Ironside, more than 6.2 tonnes of illicit drugs and $55.6 million in cash had been seized, and 42 people had pleaded guilty or been sentenced. Globally, and excluding Australian statistics, more than 700 alleged offenders had been charged and 65 tonnes of illicit drugs seized.

 

Other operational considerations

The Charter also sets out various operational considerations including:

  • The Council shall annually hold at least one meeting in person, and on a quarterly basis, hold meetings by means of secure communication other than in person.
  • There is established an Executive Secretariat of the Council to support and coordinate the functions and business of the Council. The Executive Secretariat shall reside in the Office of the Inspector General of the Intelligence Community of the United States.
  • The charter may be amended or terminated completely or in part at any time by mutual agreement of all Council Members. Participation or membership by any one Council Member may be terminated at any time upon notice to all other Council Members.

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