Shuf LOA Final.pdf

PETITION submitted by U.S. Department of Justice

Shuf Letter of Agreement

2015-03-09

This document pretains to ITC-214-20140421-00130 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142014042100130_1078409

1 March 5, 2015 Unit Chief, Science and Technology Policy and Law Unit Federal Bureau of Investigation 935 Pennsylvania Ave, NW Room 7350 Washington, DC 20535 Re: Pending application by Shuf Incorporated (“Shuf”) for authorization under Section 214 of the Communications Act of 1934, as amended (FCC file number ITC- 214-20140421-00130). Dear Unit Chief: This Letter of Agreement (“LOA” or “Agreement”) outlines the commitments being made by Shuf to the Federal Bureau of Investigation (“FBI”), which is part of the U.S. Department of Justice (“DOJ”), in order to address national security, law enforcement, and public safety concerns raised with regard to Shuf’s application to the Federal Communications Commission (“FCC” or “Commission”) requesting authority to provide global or limited-global resale services between the U.S. and all authorized points (47 C.F.R. §§ 63.18(e)(2)) under Section 214 of the Communications Act of 1934, as amended. Shuf, a California corporation, intends to resell telecommunication services between the US and all authorized international points. Shuf operates in the Kingdom of Bahrain and uses the business address of 13313 Oxnard Street, Suite 233 Valley Glen, California, 91401. Shuf acknowledges that types of services it may offer in the future, including facilities- based services or interconnected Voice over Internet Protocol (VoIP) services are covered by the Communications Assistance for Law Enforcement Act (“CALEA”), 47 U.S.C. §§ 1001-1010, and its implementing regulations. Should Shuf offer telecommunication services that are subject to CALEA, Shuf will implement a solution or solutions for lawfully authorized electronic surveillance for such services in compliance with CALEA and its implementing regulations and will comply with all court orders and other legal process for lawfully authorized electronic surveillance. Prior to offering telecommunication services that are subject to CALEA, Shuf will provide FBI with a report on the status of its implementation of lawful interception capabilities, including the status of its compliance with CALEA every ninety (90) days until the time that Shuf has fully implemented lawful-interception capabilities.4 Upon completion of the development of its lawful interception capabilities, Shuf will request that the FBI send its CALEA Implementation Unit to conduct a CALEA compliance 4 Shuf may use a U.S. Trusted Third Party outsourcing partner to implement its lawful intercept capability. Shuf , INC. 13313 Oxnard st suite 233-valley Glen-CA 91401-USA -+18183961666 Shuf Inc Bahrain Capital Plus tower 83- Alseef - Kingdom of Bahrain -+97338257122 www.shuftelecom.com

2 test.1 Once a compliance test is scheduled, Shuf will provide notice of the scheduled date. Shuf will continue to maintain such lawful interception capabilities for the duration of the time it provides services subject to CALEA. Shuf also agrees that it will comply with all other statutes, regulations, and requirements regarding electronic surveillance. Shuf agrees to maintain a point of contact in the US, preferably a US citizen or Lawful Permanent Resident, to receive service of process for US records and to support US law enforcement agencies’ lawful requests for assistance and surveillance needs. This point of contact will be provided to the FBI at least 30 days prior to the date that Shuf begins to provide services subject to CALEA. Shuf also agrees that for all customer billing records, subscriber information, and any other related information used, processed, or maintained in the ordinary course of business relating to telecommunications services offered in the U.S. (U.S. Records), Shuf will store either originals or copies in the U.S. Shuf further agrees that its designated law enforcement point of contact will have access to, and will make such records available promptly and in any event no later than five business days, in the U.S. in response to lawful U.S. process. 2 For these purposes, U.S. Records shall include information subject to disclosure to a U.S. Federal or state governmental entity under the procedures specified in Sections 2703(c) and (d) and Section 2709 of Title 18 of the U.S. Code. Shuf also agrees to ensure that U.S. Records are not made subject to mandatory destruction under any foreign laws. Shuf agrees that it will not, directly or indirectly, disclose or permit disclosure of or access to U.S. Records, domestic communications, or any information (including the content of communications) pertaining to a wiretap or electronic surveillance order, pen/trap order, subpoena, or other lawful demand by a U.S. law enforcement agency for U.S. Records or lawfully authorized electronic surveillance in response to legal process or a request on behalf of a non-U.S. government, without first satisfying all pertinent requirements of U.S. law and obtaining the express written consent of DOJ or the authorization of a court of competent jurisdiction in the U.S. The term “non-U.S. government” means any government, including an identified representative, agent, component, or subdivision thereof, that is not a local, state, or federal government in the U.S. Any such requests or legal process submitted by a non-U.S. government to Shuf shall be referred to DOJ as soon as possible, and in no event later than five business days after such request or legal process is received by or known to Shuf, unless the disclosure of the request or legal process would be in violation of U.S. law or an order of a court of the U.S. Shuf agrees that in the event the commitments set forth in this letter are breached, FBI may request, in addition to any other remedy available at law or equity, that the FCC modify, condition, revoke, cancel, terminate, or render null and void any relevant license, permit, or other 1 A request can be made by contacting the general helpdesk for the CALEA Implementation Unit at (855) LECALEA (532-2532). 2 This statement does not supersede or replace Shuf ‘sother duties to comply with any applicable FCC requirements and regulations regarding the storage and protection of customer records, including but not limited to requirements related to the storage and protection of Customer Proprietary Network Information. Shuf , INC. 13313 Oxnard st suite 233-valley Glen-CA 91401-USA -+18183961666 Shuf Inc Bahrain Capital Plus tower 83- Alseef - Kingdom of Bahrain -+97338257122 www.shuftelecom.com

3 authorization granted by the FCC to Shuf or any successor-in-interest. Nothing herein shall be construed to be a waiver by Shuf of, or limitation on, its right to oppose or comment on any such request. Nothing in this letter is intended to excuse Shuf from its obligations to comply with any and all applicable legal requirements and Shuf, including any and all applicable statutes, regulations, requirements, or orders. Shuf understands that, upon execution of this letter by an authorized representative or attorney for Shuf, DOJ shall notify the FCC that it has no objection to the FCC’s grant of its application. The Company can send all notices pursuant to this letter to: Unit Chief, Science and Technology Policy and Law Unit Federal Bureau of Investigation 935 Pennsylvania Ave, NW Room 7350 Washington, DC 20535 Courtesy electronic copies of all notices and communications should also be sent to Jonathan Frenkel of the FBI (at jonathan.frenkel@ic.fbi.gov). Sincerely, ___________________________ Name: Yaser Ishaq Nahleh Title: President & CEO For Shuf Incorporated Shuf , INC. 13313 Oxnard st suite 233-valley Glen-CA 91401-USA -+18183961666 Shuf Inc Bahrain Capital Plus tower 83- Alseef - Kingdom of Bahrain -+97338257122 www.shuftelecom.com


Document Created: 2015-03-09 10:56:40
Document Modified: 2015-03-09 10:56:40
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