[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
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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]
BILLING CODE 6116-01-M