USAID to Revamp Sanctions Regs, Expand Reporting

The U.S. Agency for International Development (USAID) is considering updating its sanctions-related provisions and contract clauses for assistance and acquisition awards.

A primary factor under review is whether to expand reporting requirements to enhance USAID's monitoring of recipients' and contractors' activities involving sanctioned jurisdictions or sanctioned individuals and entities subject to the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

This reporting would facilitate the assessment of whether the U.S. Government is ensuring the efficient delivery of humanitarian and development assistance internationally to the most vulnerable people, while achieving U.S. national security objectives by minimizing benefits to sanctioned individuals and entities.

This RFI supports this effort by soliciting feedback from the general public, which will be considered during the process of analyzing whether changes are required, as well as any subsequent drafting of new or revised award terms

USAID is considering whether and how to update provisions and contract clauses for USAID assistance and acquisition awards to include a new reporting mechanism for all humanitarian assistance and development work overseas conducted under a USAID award.

This approach would

1. require USAID awardees to report on certain incidents involving sanctioned individuals and entities ( e.g., payments or diversions) that take place under the awards;
2.  re-emphasize requirements for maintaining relevant records relating to transactions subject to OFAC's sanctions programs, including transactions conducted pursuant to GLs;
3.  emphasize that USAID recipients and contractors must exercise reasonable due diligence to minimize the accrual of any impermissible benefits (in the form of payments or diversions) to any sanctioned individuals or entities; and
4.  provide data to USAID to inform impact assessments and for use in dialogue with the U.S. Government interagency, as well as the UNSC.

Sanctions and Programs