[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR14 App B]

[Page 51-53]

                       TITLE 32--NATIONAL DEFENSE

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

PART 14_QUALIFICATION OF CIVILIAN DEFENSE COUNSEL--Table of Contents

Sec. Appendix B to Part 14--Affidavit and Agreement by Civilian Defense
                                 Counsel

           Affidavit and Agreement by Civilian Defense Counsel

    Pursuant to Section 4(C)(3)(b) of Department of Defense Military
Commission Order No. 1, ``Procedures for Trials by Military Commissions
of Certain Non-United States Citizens in the War Against Terrorism,''
dated March 21, 2002 (``MCO No. 1''), Military Commission Instructions
No. 4, ``Responsibilities of the Chief Defense Counsel, Detailed Defense
Counsel, and Civilian Defense Counsel'' (``MCI No. 4'') and No. 5,
``Qualification of Civilian Defense Counsel'' (``MCI No. 5''), and in
accordance with the President's Military Order of November 13, 2001,
``Detention, Treatment, and Trial of Certain Non-Citizens in the War
Against Terrorism,'' 66 FR 57833 (Nov. 16, 2001) (``President's Military
Order''), I [Name of Civilian Attorney], make this Affidavit and
Agreement for the purposes of applying for qualification as a member of
the pool of Civilian Defense Counsel available to represent Accused
before military commissions and serving in that capacity.

[[Page 52]]

    I. Oaths or Affirmations. I swear or affirm that the following
information is true to the best of my knowledge and belief:
    A. I have read and understand the President's Military Order, MCO
No. 1, MCI No. 4, MCI No. 5, and all other Military Commission Orders
and Instructions concerning the rules, regulations and instructions
applicable to trial by military commissions. I will read all future
Orders and Instructions applicable to trials by military commissions.
    B. I am aware that my qualification as a Civilian Defense Counsel
does not guarantee my presence at closed military commission proceedings
or guarantee my access to any information protected under Section
6(D)(5) or Section 9 of MCO No. 1.
    II. Agreements. I hereby agree to comply with all applicable
regulations and instructions for counsel, including any rules of court
for conduct during the course of proceedings, and specifically agree,
without limitation, to the following:
    A. I will notify the Chief Defense Counsel and, as applicable, the
relevant Presiding Officer immediately if, after the execution of this
Affidavit and Agreement but prior to the conclusion of proceedings
(defined as the review and final decision of the President or, if
designated, the Secretary of Defense), if there is any change in any of
the information provided in my application, including this Affidavit and
Agreement, for qualification as member of the Civilian Defense Counsel
pool. I understand that such notification shall be in writing and shall
set forth the substantive nature of the changed information.
    B. I will be well-prepared and will conduct the defense zealously,
representing the Accused throughout the military commission process,
from the inception of my representation through the completion of any
post trial proceedings as detailed in Section 6(H) of MCO No. 1. I will
ensure that these proceedings are my primary duty. I will not seek to
delay or to continue the proceedings for reasons relating to matters
that arise in the course of my law practice or other professional or
personal activities that are not related to military commission
proceedings.
    C. The Defense Team shall consist entirely of myself, Detailed
Defense Counsel, and other personnel provided by the Chief Defense
Counsel, the Presiding Officer, or the Appointing Authority. I will make
no claim against the U.S. Government for any fees or costs associated
with my conduct of the defense or related activities or efforts.
    D. Recognizing that my representation does not relieve Detailed
Defense Counsel of duties specified in Section 4(C)(2) of MCO No. 1, I
will work cooperatively with such counsel to ensure coordination of
efforts and to ensure such counsel is capable of conducting the defense
independently if necessary.
    E. During the pendency of the proceedings, unless I obtain approval
in advance from the Presiding Officer to do otherwise, I will comply
with the following restrictions on my travel and communications:
    1. I will not travel or transmit documents from the site of the
proceedings without the approval of the Appointing Authority or the
Presiding Officer. The Defense Team and I will otherwise perform all of
our work relating to the proceedings, including any electronic or other
research, at the site of the proceedings (except that this shall not
apply during post-trial proceedings detailed in Section 6(H) of MCO No.
1).
    2. I will not discuss or otherwise communicate or share documents or
information about the case with anyone except persons who have been
designated as members of the Defense Team in accordance with this
Affidavit and Agreement and other applicable rules, regulations and
instructions.
    F. At no time, to include any period subsequent to the conclusion of
the proceedings, will I make any public or private statements regarding
any closed sessions of the proceedings or any classified information or
material, or document or material constituting protected information
under MCO No. 1.
    G. I understand and agree to comply with all rules, regulations and
instructions governing the handling of classified information and
material. Furthermore, no document or material constituting protected
information under MCO No. 1, regardless of its classification level, may
leave the site of the proceedings.
    H. I understand that there may be reasonable restrictions on the
time and duration of contact I may have with my client, as imposed by
the Appointing Authority, the Presiding Officer, detention authorities,
or regulation.
    I. I understand that my communications with my client, even if
traditionally covered by the attorney-client privilege, may be subject
to monitoring or review by government officials, using any available
means, for security and intelligence purposes. I understand that any
such monitoring will only take place in limited circumstances when
approved by proper authority, and that any evidence or information
derived from such communications will not be used in proceedings against
the Accused who made or received the relevant communication. I further
understand that communications are not protected if they would
facilitate criminal acts or a conspiracy to commit criminal acts, or if
those communications are not related to the seeking or providing of
legal advice.
    J. I agree that I shall reveal to the Chief Defense Counsel and any
other appropriate authorities, information relating to the
representation of my client to the extent that I reasonably believe
necessary to prevent the

[[Page 53]]

commission of a future criminal act that I believe is likely to result
in death or substantial bodily harm, or significant impairment of
national security.
    K. I understand and agree that nothing in this Affidavit and
Agreement creates any substantive, procedural, or other rights for me as
counsel or for my client(s).
 /s/____________________________________________________________________
 Print Name:____________________________________________________________
 Address:_______________________________________________________________
 Date:__________________________________________________________________

State of )
County of )

    Sworn to and subscribed before me, by ----------, this ---- day of
--------, 20----.

                                 Notary

 My commission expires:_________________________________________________