[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7145-7146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2669]
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Notices
Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
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Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 /
Notices
[[Page 7145]]
AGENCY FOR INTERNATIONAL DEVELOPMENT
Notice of Public Information Collection Requirements Submitted to
OMB for Review
SUMMARY: This Federal Register notice was originally published on
October 29, 2010 (75 FR 66724) and is being republished. Unfortunately,
it appears that supporting documentation sent to OMB included language
from USAID's December 2002 certification rather than from its September
2004 certification attached. The agency has worked with OMB to correct
this error. Also, revisions were made regarding the certification
burden due to the respondents providing a response three times a year
vs. two. In addition, less preparation time was required for all
involved parties due to their familiarity with the certification
process and salary costs and benefits costs increased due to inflation
and an increase in the cost of living. U.S. Agency for International
Development (USAID) has resubmitted the following information
collections to OMB for review and clearance under the Paperwork
Reduction Act of 1995, Public Law 104-13. Comments regarding this
information collection are best assured of having their full effect if
received within 30 days of this notification. Comments should be sent
via e-mail to [email protected] (attention: USAID desk
officer) or fax to 202-395-6882.
SUPPLEMENTARY INFORMATION:
OMB Number: OMB 0412-0565.
Form Number: N/A.
Title: Applicant's Certification that it Does not Support Terrorist
Organizations or Individuals.
Type of Submission: Revision of Information Collection.
Purpose: The United States Agency for International Development
(USAID) needs to require applicants for assistance to certify that it
does not and will not engage in financial transactions with, and does
not and will not provide material support and resources to individuals
or organizations that engage in terrorism. The purpose of this
requirement is to assure that USAID does not directly provide support
to such organizations or individuals, and to assure that recipients are
aware of these requirements when it considers individuals or
organizations are subrecipients.
Annual Reporting Burden
Respondents: 2,000.
Total annual responses: 6,000.
Total annual hours requested: 1,500 hours.
Dated: January 31, 2011.
Lynn P. Winston,
Acting Chief, Information and Records Division, Office of Management
Services, Bureau for Management.
Attachment
Certification
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 Web site: 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 Web site:
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, except advice or assistance, safehouses, false documentation
or identification, communications equipment, facilities, weapons,
lethal subtances, explosives, personnel, transportation, and other
physical assests, 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.
[[Page 7146]]
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.
[FR Doc. 2011-2669 Filed 2-8-11; 8:45 am]
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