Request for Information (RFI) Regarding Sanctions and USAID Programs, 68850-68851 [2024-19357]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
68850
Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Notices
Purpose
The U.S. Agency for International
Development (USAID) is authorized to
make contracts with any corporation,
international organization, or other body
of persons in or outside of the United
States in furtherance of the purposes
and within limitations of the Foreign
Assistance Act (FAA). As part of this
authority, USAID requests certain
information from contractors using
contract clauses in the USAID
Acquisition Regulation (AIDAR). USAID
has an existing Information Collection
under OMB No: OMB 0412–0520. This
information collection includes the
following offeror or contractor reporting
requirements, identified by the AIDAR
section number, as specified in the
AIDAR 701.106: 752.219–8, 752.245–70,
752.245–71(c)(2), 752.247–70(c),
752.7001, 752.7002(j), 752.7003,
752.7004 and 752.7032. Other
information collection requirements
under the AIDAR exist under separate
OMB approvals.
The pre-award requirements are based
on a need for prudent management in
the determination that an offeror either
has or can obtain the ability to
competently manage development
assistance programs using public funds.
The requirements for information
collection during the post-award period
are based on the need to prudently
administer public funds. USAID most
recently renewed this approval effective
July 15, 2021 (86 FR 31693). This
current renewal makes no revisions to
existing clauses or underlying forms and
updates burden estimates.
Comments are requested concerning:
(a) Whether the collections of
information are necessary for the proper
performance of the functions of the
Agency, including whether the
information shall have practical utility;
(b) the accuracy of the burden estimates;
(c) ways to enhance the quality, utility,
and clarity of the information collected;
and (d) ways to minimize the burden of
the collection of information on the
respondents, including through the use
of automated collection techniques or
other forms of information technology.
USAID will only address comments
that explain why the proposed
collection would be inappropriate,
ineffective, or unacceptable without a
change. Comments that are insubstantial
or outside the scope of the notice of
request for public comment may not be
considered.
Overview of Information Collections
OMB No: 0412–0520.
Form: AID 1420–17, Contractor
Employee Biographical Data Sheet
(AIDAR 752.7001).
VerDate Sep<11>2014
18:13 Aug 27, 2024
Jkt 262001
Title of Information Collection:
USAID Acquisition Regulation (AIDAR
701.106).
Type of Review: Extension, without
change, of a currently approved
collection.
Respondents: USAID contractors.
Estimated Number of Annual
Responses: 75,010.
Estimated Number of Annual Burden
Hours: 97,208.
USAID estimates that approximately
11,052 respondents will submit 75,010
submissions per year across each of the
items covered in this information
collection. The amount of time
estimated to complete each response
varies by item.
Jami J. Rodgers,
Senior Procurement Executive.
[FR Doc. 2024–19342 Filed 8–27–24; 8:45 am]
BILLING CODE 6116–01–P
AGENCY FOR INTERNATIONAL
DEVELOPMENT
Request for Information (RFI)
Regarding Sanctions and USAID
Programs
Agency for International
Development.
ACTION: Notice of request for
information.
AGENCY:
The U.S. Agency for
International Development (USAID) is
considering updating its sanctionsrelated 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.
DATES: Interested persons and
organizations are invited to submit
comments October 28, 2024.
SUMMARY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Jasen Andersen, USAID/M/OAA/P,
202–286–3116, or policymailbox@
usaid.gov for clarification of content or
information pertaining to this RFI. All
communications regarding this notice
must cite the docket number.
Instructions: Comments regarding this
RFI must be submitted via the Federal
eRulemaking Portal at https://
www.regulations.gov. Response to this
RFI is voluntary. Any information
obtained from this RFI is intended to be
used by USAID on a non-attribution
basis for drafting updated award
provisions and contract clauses. USAID
will not respond to individual
submissions or provide any responses to
comments received.
SUPPLEMENTARY INFORMATION:
A. Background
The U.S. Government has taken steps,
in line with its foreign policy and
national security goals, to modernize
and adapt its sanctions policy and
operational framework and to ensure
that economic sanctions do not impede
the delivery of critical humanitarian and
development assistance. The
Department of the Treasury’s sanctions
review process highlighted the need to
mitigate unintended humanitarian
impacts of sanctions, particularly
related to the provision of life-saving
and other humanitarian or development
assistance to civilian populations in
sanctioned jurisdictions, as well as
those living under sanctioned group
influence or control or alongside
sanctioned individuals in
nondifferentiable populations.
Recognizing that sanctioned individuals
and entities may attempt to access
humanitarian and development
assistance as a means to advance or
support their own interests, the U.S.
Government has also taken steps to
ensure that it continues to deny benefits
to sanctioned individuals and entities,
while supporting the delivery of
legitimate humanitarian assistance.
On December 9, 2022, the United
Nations Security Council (UNSC)
adopted Resolution No. 2664 to carve
out certain humanitarian-related
activities from UNSC asset freeze
sanctions regimes, thereby allowing the
flow of funds, financial assets, economic
resources, and goods/services to ensure
timely delivery of humanitarian aid or
support activities that support basic
human needs (UNSCR 2664). On
December 21, 2022, OFAC made
corresponding amendments to its
regulations in multiple sanctions
programs to facilitate humanitarianrelated activities and certain
development assistance by adding,
E:\FR\FM\28AUN1.SGM
28AUN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Notices
amending, or updating general licenses
(GLs) authorizing the official business of
the U.S. Government and the official
business of certain international
organizations and entities (87 FR
78470). OFAC’s GLs can be found in
Subpart E of each sanctions program in
31 CFR subtitle B, chapter V or on
OFAC’s website.
The U.S. Government, including
USAID and its interagency partners,
continue to monitor and assess whether
and to what extent the U.S. Government
is (1) facilitating the delivery of
humanitarian and development
assistance, and (2) preventing
unanticipated and undesirable benefits
to sanctioned individuals and entities.
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 (i) require USAID awardees to
report on certain incidents involving
sanctioned individuals and entities (e.g.,
payments or diversions) that take place
under the awards; (ii) re-emphasize
requirements for maintaining relevant
records relating to transactions subject
to OFAC’s sanctions programs,
including transactions conducted
pursuant to GLs; (iii) 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
(iv) provide data to USAID to inform
impact assessments and for use in
dialogue with the U.S. Government
interagency, as well as the UNSC. Some
illustrative examples of proposed
reporting requirements for USAID
recipients and contractors include:
• Reporting itemized details
regarding payments of funds under the
award in the form of taxes, tolls, and
fees to, or for the benefit of, sanctioned
individuals or entities. For each
payment, the awardee will make best
efforts to include details about the
amount paid, the approximate date and
location of the payment, the name of the
individual or entity receiving the
payment, a description of how such
payment facilitated the assistance
activities, and remedial steps, if any,
taken to address the issue.
• Reporting itemized details
regarding diversions of funds, supplies,
or services under the award by
sanctioned individuals or entities. For
each diversion, the awardee will make
best efforts to include details about the
VerDate Sep<11>2014
18:13 Aug 27, 2024
Jkt 262001
circumstances of the diversion, the
name of the individual or entity causing
the diversion, estimated value diverted,
the approximate date and location of the
diversion, description and intended
destination, and remedial steps, if any,
taken to address the issue.
For USAID’s assistance awards,
updates could take the form of revisions
to the mandatory standard provisions
M12, M14, and M5 (‘‘Preventing
Transactions with, or the Provision of
Resources or Support to, Sanctioned
Groups and Individuals’’) found in ADS
303maa, ADS 303mab, ADS 303mat,
respectively. For USAID’s acquisition
awards, a new Agency-specific clause
may be required, such as to supplement
FAR 52.225–13 (‘‘Restrictions on Certain
Foreign Purchases’’). Additional
updates may be required to 22 CFR 228
and/or ADS 310.
B. Request for Information
This RFI is intended to solicit
feedback on the following:
(1) Considerations USAID should take
into account when updating the
sanctions-related provisions and
contract clauses for its assistance and
acquisition awards.
(2) Types of information and details
that recipients and contractors can
report under their award for activities
that are subject to OFAC’s sanctions,
regarding (a) payments of funds to, or
for the benefit of, sanctioned
individuals or entities; and (b)
diversions of funds, supplies, or
services by sanctioned individuals or
entities.
(3) Constraints that recipients and
contractors may face in reporting
information regarding (a) payments of
funds to, or for the benefit of,
sanctioned individuals or entities; and
(b) diversions of funds, supplies, or
services by sanctioned individuals or
entities. Where possible, include
specific examples.
(4) Estimates of the burden on
individual recipients and contractors in
complying with any reporting
requirement.
(5) Considerations USAID should
consider regarding the flowdown of
requirements to subrecipients and
subcontractors.
(6) Recommendations on ways USAID
can obtain data from recipients and
contractors in order to assess the impact
of GLs on the delivery of legitimate
humanitarian assistance and other
development activities to the most
vulnerable people, while achieving U.S.
national security objectives, including
how USAID can collect such
information on an aggregated basis from
recipients and contractors.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
68851
(7) Recommendations on the
frequency and method of reporting.
Responses to this RFI are not limited
to the items in the above list.
Commenters may provide feedback on
other factors they deem relevant to
USAID’s updating of sanctions-related
award provisions and contract clauses.
Jami J. Rodgers,
Chief Acquisition Officer.
[FR Doc. 2024–19357 Filed 8–27–24; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[FSIS–2024–0020]
National Advisory Committee on
Microbiological Criteria for Foods:
Public Meeting
Food Safety and Inspection
Service (FSIS), Department of
Agriculture (USDA).
ACTION: Notice of public meeting.
AGENCY:
This notice is announcing
that the National Advisory Committee
on Microbiological Criteria for Foods
(NACMCF) will hold a public meeting
of the full Committee and
Subcommittees from September 24,
2024, to September 26, 2024. The
Committee will provide updates on
FSIS’ Genomics charge and the U.S.
Food and Drug Administration’s (FDA’s)
Cronobacter spp. in Powdered Infant
Formula charge.
DATES: The full Committee will hold an
in-person and virtual public meeting on
Tuesday, September 24, 2024, from
10:00 a.m. to 12:00 p.m. and on
Thursday, September 26, 2024, from
4:00 p.m. to 5:00 p.m. The
Subcommittees on Genomics and on
Cronobacter spp. in Powdered Infant
Formula will hold concurrent
Subcommittee meetings on Wednesday,
September 25, 2024, from 1:00 p.m. to
5 p.m. The Subcommittee meetings are
open to members of the public by
virtual attendance only. Attendance to
all meetings is free but pre-registration
by Wednesday, September 18, 2024, is
requested.
Persons interested in providing oral
comments at the Tuesday, September
24, 2024, public meeting of the full
Committee should indicate so when
registering. Oral comments will be
limited to three minutes per speaker.
FSIS will do its best to accommodate all
registered persons who request to
provide oral comments at the public
meeting.
SUMMARY:
E:\FR\FM\28AUN1.SGM
28AUN1
]]>Agencies
[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68850-68851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19357]
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
Request for Information (RFI) Regarding Sanctions and USAID
Programs
AGENCY: Agency for International Development.
ACTION: Notice of request for information.
-----------------------------------------------------------------------
SUMMARY: 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.
DATES: Interested persons and organizations are invited to submit
comments October 28, 2024.
FOR FURTHER INFORMATION CONTACT: Jasen Andersen, USAID/M/OAA/P, 202-
286-3116, or [email protected] for clarification of content or
information pertaining to this RFI. All communications regarding this
notice must cite the docket number.
Instructions: Comments regarding this RFI must be submitted via the
Federal eRulemaking Portal at https://www.regulations.gov. Response to
this RFI is voluntary. Any information obtained from this RFI is
intended to be used by USAID on a non-attribution basis for drafting
updated award provisions and contract clauses. USAID will not respond
to individual submissions or provide any responses to comments
received.
SUPPLEMENTARY INFORMATION:
A. Background
The U.S. Government has taken steps, in line with its foreign
policy and national security goals, to modernize and adapt its
sanctions policy and operational framework and to ensure that economic
sanctions do not impede the delivery of critical humanitarian and
development assistance. The Department of the Treasury's sanctions
review process highlighted the need to mitigate unintended humanitarian
impacts of sanctions, particularly related to the provision of life-
saving and other humanitarian or development assistance to civilian
populations in sanctioned jurisdictions, as well as those living under
sanctioned group influence or control or alongside sanctioned
individuals in nondifferentiable populations. Recognizing that
sanctioned individuals and entities may attempt to access humanitarian
and development assistance as a means to advance or support their own
interests, the U.S. Government has also taken steps to ensure that it
continues to deny benefits to sanctioned individuals and entities,
while supporting the delivery of legitimate humanitarian assistance.
On December 9, 2022, the United Nations Security Council (UNSC)
adopted Resolution No. 2664 to carve out certain humanitarian-related
activities from UNSC asset freeze sanctions regimes, thereby allowing
the flow of funds, financial assets, economic resources, and goods/
services to ensure timely delivery of humanitarian aid or support
activities that support basic human needs (UNSCR 2664). On December 21,
2022, OFAC made corresponding amendments to its regulations in multiple
sanctions programs to facilitate humanitarian-related activities and
certain development assistance by adding,
[[Page 68851]]
amending, or updating general licenses (GLs) authorizing the official
business of the U.S. Government and the official business of certain
international organizations and entities (87 FR 78470). OFAC's GLs can
be found in Subpart E of each sanctions program in 31 CFR subtitle B,
chapter V or on OFAC's website.
The U.S. Government, including USAID and its interagency partners,
continue to monitor and assess whether and to what extent the U.S.
Government is (1) facilitating the delivery of humanitarian and
development assistance, and (2) preventing unanticipated and
undesirable benefits to sanctioned individuals and entities.
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 (i) require USAID awardees to report on certain incidents
involving sanctioned individuals and entities (e.g., payments or
diversions) that take place under the awards; (ii) re-emphasize
requirements for maintaining relevant records relating to transactions
subject to OFAC's sanctions programs, including transactions conducted
pursuant to GLs; (iii) 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 (iv) provide data to USAID to
inform impact assessments and for use in dialogue with the U.S.
Government interagency, as well as the UNSC. Some illustrative examples
of proposed reporting requirements for USAID recipients and contractors
include:
Reporting itemized details regarding payments of funds
under the award in the form of taxes, tolls, and fees to, or for the
benefit of, sanctioned individuals or entities. For each payment, the
awardee will make best efforts to include details about the amount
paid, the approximate date and location of the payment, the name of the
individual or entity receiving the payment, a description of how such
payment facilitated the assistance activities, and remedial steps, if
any, taken to address the issue.
Reporting itemized details regarding diversions of funds,
supplies, or services under the award by sanctioned individuals or
entities. For each diversion, the awardee will make best efforts to
include details about the circumstances of the diversion, the name of
the individual or entity causing the diversion, estimated value
diverted, the approximate date and location of the diversion,
description and intended destination, and remedial steps, if any, taken
to address the issue.
For USAID's assistance awards, updates could take the form of
revisions to the mandatory standard provisions M12, M14, and M5
(``Preventing Transactions with, or the Provision of Resources or
Support to, Sanctioned Groups and Individuals'') found in ADS 303maa,
ADS 303mab, ADS 303mat, respectively. For USAID's acquisition awards, a
new Agency-specific clause may be required, such as to supplement FAR
52.225-13 (``Restrictions on Certain Foreign Purchases''). Additional
updates may be required to 22 CFR 228 and/or ADS 310.
B. Request for Information
This RFI is intended to solicit feedback on the following:
(1) Considerations USAID should take into account when updating the
sanctions-related provisions and contract clauses for its assistance
and acquisition awards.
(2) Types of information and details that recipients and
contractors can report under their award for activities that are
subject to OFAC's sanctions, regarding (a) payments of funds to, or for
the benefit of, sanctioned individuals or entities; and (b) diversions
of funds, supplies, or services by sanctioned individuals or entities.
(3) Constraints that recipients and contractors may face in
reporting information regarding (a) payments of funds to, or for the
benefit of, sanctioned individuals or entities; and (b) diversions of
funds, supplies, or services by sanctioned individuals or entities.
Where possible, include specific examples.
(4) Estimates of the burden on individual recipients and
contractors in complying with any reporting requirement.
(5) Considerations USAID should consider regarding the flowdown of
requirements to subrecipients and subcontractors.
(6) Recommendations on ways USAID can obtain data from recipients
and contractors in order to assess the impact of GLs on the delivery of
legitimate humanitarian assistance and other development activities to
the most vulnerable people, while achieving U.S. national security
objectives, including how USAID can collect such information on an
aggregated basis from recipients and contractors.
(7) Recommendations on the frequency and method of reporting.
Responses to this RFI are not limited to the items in the above
list. Commenters may provide feedback on other factors they deem
relevant to USAID's updating of sanctions-related award provisions and
contract clauses.
Jami J. Rodgers,
Chief Acquisition Officer.
[FR Doc. 2024-19357 Filed 8-27-24; 8:45 am]
BILLING CODE 6116-01-P
