We have received this certification as part of a pre-award package from
USAID. I was curious to know if anyone else has seen this, and if so, if
you signed it. It seems unclear if the steps they outline in here are
suggestions or requirements. I would welcome your comments. Susan
---------------------------------------------------------------
*Certification Regarding Terrorist Financing Implementing E.O. 13224***

By signing and submitting this application, the prospective recipient
provides the certification set out below:

1. The Recipient, to the best of its current knowledge, did not provide,
within the previous ten years, and will take all reasonable steps to
ensure that it does not and will not knowingly provide, material support
or resources to any individual or entity that commits, attempts to
commit, advocates,* *facilitates, or participates in terrorist acts, or
has committed, attempted to commit, facilitated, or participated in
terrorist acts, as that term is defined in paragraph 3.

2. The following steps may enable the Recipient to comply with its
obligations under paragraph 1:
a. Before providing any material support or resources to an individual
or entity, the Recipient will verify that the individual or entity does
not (i) appear on the master list of Specially Designated Nationals and
Blocked Persons, which list is maintained by the U.S. Treasury’s Office
of Foreign Assets Control (OFAC) and is available online at OFAC’s
website :
http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) is not
included in any supplementary information concerning prohibited
individuals or entities that may be provided by USAID to the Recipient.
b. Before providing any material support or resources to an individual
or entity, the Recipient also will verify that the individual or entity
has not been designated by the United Nations Security (UNSC) sanctions
committee established under UNSC Resolution 1267 (1999) (the “1267
Committee”) [individuals and entities linked to the Taliban, Usama bin
Laden, or the Al Qaida Organization]. To determine whether there has
been a published designation of an individual or entity by the 1267
Committee, the Recipient should refer to the consolidated list available
online at the Committee’s website:
http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.
c. Before providing any material support or resources to an individual
or entity, the Recipient will consider all information about that
individual or entity of which it is aware and all public information
that is reasonably available to it or of which it should be aware.
d. The Recipient also will implement reasonable monitoring and oversight
procedures to safeguard against assistance being diverted to support
terrorist activity.

3. For purposes of this Certification-
a. “Material support and resources” means currency or monetary
instruments or financial securities, financial services, lodging,
training, expert advice or assistance, safehouses, false documentation
or identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.”
b. “Terrorist act” means-
(i) an act prohibited pursuant to one of the 12 United Nations
Conventions and Protocols related to terrorism (see UN terrorism
conventions Internet site:
http://untreaty.un.org/English/Terrorism.asp); or
(ii) an act of premeditated, politically motivated violence perpetrated
against noncombatant targets by subnational groups or clandestine
agents; or
(iii) any other act intended to cause death or serious bodily injury to
a civilian, or to any other person not taking an active part in
hostilities in a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a population, or to
compel a government or an international organization to do or to abstain
from doing any act.
c. “Entity” means a partnership, association, corporation, or other
organization, group or subgroup.
d. References in this Certification to the provision of material support
and resources shall not be deemed to include the furnishing of USAID
funds or USAID-financed commodities to the ultimate beneficiaries of
USAID assistance, such as recipients of food, medical care,
micro-enterprise loans, shelter, etc., unless the Recipient has reason
to believe that one or more of these beneficiaries commits, attempts to
commit, advocates, facilitates, or participates in terrorist acts, or
has committed, attempted to commit, facilitated or participated in
terrorist acts.
e. The Recipient’s obligations under paragraph 1 are not applicable to
the procurement of goods and/or services by the Recipient that are
acquired in the ordinary course of business through contract or
purchase, e.g., utilities, rents, office supplies, gasoline, etc.,
unless the Recipient has reason to believe that a vendor or supplier of
such goods and services commits, attempts to commit, advocates,
facilitates, or participates in terrorist acts, or has committed,
attempted to commit, facilitated or participated in terrorist acts.

This Certification is an express term and condition of any agreement
issued as a result of this application, and any violation of it shall be
grounds for unilateral termination of the agreement by USAID prior to
the end of its term.

--
Susan B. Burke
Associate Director
NYU Office of Sponsored Programs
15 Washington Place, 1-H
New York, NY 10003
telephone: 212-998-2017
fax: 212-995-4029

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