Attachment_3_-_Blanket_INL_Waivers.docx

DRAFT 19AQMM18R0252 – ATTACHMENT 3

ATTACHMENT 3

BLANKET INL SOURCE – NATIONALITY WAIVERS

1. Transactions Not Exceeding $25,000. On August 31, 2009, the Executive Director/Controller for International Narcotics and Law Enforcement Affairs changed the threshold for the blanket source/origin/nationality waiver covering transactions for procurement of INL-funded supplies from $15,000 to $25,000.

2. Leased Vehicles. INL adopted USAID procedures covering transactions for the local leases of non-U.S. manufactured vehicles for a period of not more than 180 days. A lease of a non-U.S.

manufactured vehicle for a period of more than 180 days requires a source/origin waiver.

3. Mexican and Canadian Goods and Services. INL adopted USAID procedures under the North American Free Trade Agreement (NAFTA) covering transactions for the procurement of Mexican and Canadian goods and services. NAFTA applies only to the procurement of PD&S funded goods and services with a cost in excess of $64,786. NAFTA does not apply to INL-funded procurements of Canadian or Mexican origin that are for the purpose of providing foreign assistance.

4. Independent States of the Former Soviet Union. Under USAID authorities and the Freedom of support Act (FSA), a source/origin waiver is not required for INL-funded procurement of commodities and services for the New Independent States (NIS) of the former Soviet Union: Armenia, Azerbajjan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.

5. Professional Services Not Exceeding $250,000. INL adopted USAID procedures covering transactions for the local procurement of professional services not exceeding $250,000, since such procurements would not negatively impact U.S. economic interests.

6. Construction Services Not Exceeding $5,000,000. INL adopted USAID procedures covering transactions for the local procurement of construction services not exceeding $5,000,000.

7. Additional Waivers. INL has adopted the following USAID’s blanket waiver policy in an effort to promote greater use of procurement in host countries.

(a) Commodities. The blanket waiver covers the INL-funded procurement of commodities (except motor vehicles, certain agricultural products and pharmaceuticals) not exceeding $5 million from the recipient and developing countries, excluding prohibited source countries and advanced developing countries.

If the advanced developing country is also the recipient country, the $5 million threshold applies. If the advanced developing country is not the recipient country, the blanket waiver threshold remains at $25,000.

Source/origin waivers are required to permit the INL-funded procurement of vehicles, certain pharmaceuticals, and agricultural products in excess of $25,000 as follows:

· Vehicles that are manufactured (i.e. assembled) outside of the United States.

· A pharmaceutical that is manufactured outside of the United States, if the pharmaceutical is covered by a valid U.S. patent, unless the U.S. patent owner expressly authorized the manufacture of a pharmaceutical. Without such an expressed authorization, the pharmaceutical must be purchased from the U.S. patent holder.

· The non-US procurement of the following agricultural or products thereof (wheat, rice, corn, soybeans, flour, mean beans, cotton vegetables oils, animal oils and fats). INL must determine the parity position of the commodity. When prices of such products in the United States are below parity, the offshore procurement will not be authorized except in limited circumstances.

(b) Services. The blanket waiver covers the INL-funded procurement of professional services not exceeding $5 million and construction services not exceeding $10 million from the recipient and developing countries, excluding prohibited source countries and advanced developing countries.

If the advanced developing country is also the recipient county, the $5 million for professional services and $10 million for construction services threshold applies. If the advanced developing country is not the recipient country, the blanket waiver threshold remains at $250,000 for professional services and $5 million for construction services.

LIST OF DEVELOPING COUNTRIES

Afghanistan Angola Armenia Bangladesh Belize Benin Bhutan Bolivia Burkina Faso Burundi Cambodia Cameroon Cape Verde Central African Rep Chad Comoros Congo, Dem Rep Cote d'Ivoire Djibouti Egypt, Arab Rep El Salvador Ethiopia Eritrea Fiju Gambia, The Georgia Ghana Guatemala Guinea Guines-Bisau Guyana Haiti Honduras India Indonesia Iraq Kenya Kiribati Korea, Dem Rep Kosovo Kyrgyz Republic Lao PDR Lesotho Liberia Madagascar Malawi Mali Marshall Islands Mauritania Micronesia, Fed Moldova Mongolia Morocco Mozambique Myanmar Nepal Nicaragua Niger Nigeria Pakistan Papua New Guinea Paraguay Philippines Rwanda Samoa Sao Tome and Principe Senegal Sierra Leone Solomon Islands Somalia Sri Lanka Sudan Swaziland Syrian Arab Republic Tajikistan Tanzania Timor-Leste Togo Tonga Turkmenistan Tuvalu Uganda Ukraine Uzbekistan Vanuatu Vietnam West Bank and Gaza Yemen, Rep.

Zambia Zimbabwe

LIST OF ADVANCED DEVELOPING COUNTRIES

Albania Algeria American Samoa Antigua and Barbuda Argentina Azerbaijan Belarus Bosnia and Herzegovina Botswana Brazil Bulgaria Chile China Colombia Costa Rica Cuba Dominica Dominican Republic Ecuador Gabon Grenada Iran, Islamic Rep.

Jamaica Jordon Kazakhstan Latvia Lebanon Libya Lithuania Macedonia, FYR Malaysia Maldives Mauritius Mayotte Mexico Montenegro Namibia Palau Panama Peru Romania Russian Federation Serbia Seychelles South Africa St. Kitts and Nevis St. Lucia St. Vincent and the Grenadines Suriname Thailand Tunisia Turkey Uruguay Venezuela, RB

PROHIBITED SOURCE COUNTRIES

None