INL WAR CRIMES FULL NOFO 2023-01.pdf

U.S. DEPARTMENT OF STATE

Bureau of International Narcotics and Law Enforcement Affairs

Notice of Funding Opportunity: Statement of Interest (SOI)

Announcement Type: Request for Statements of Interest (SOI)

Public Opportunity Title:

Assisting criminal justice and law enforcement institutions in Ukraine in investigating and prosecuting war crimes

NOFO Opportunity Number: 2023-22INCLE-INLKYIV-12-23

CFDA Number: 19.703 - Criminal Justice Systems

Opportunity Issuance Date: January 1, 2024

Deadline for Questions: Ongoing

Deadline for SOI Submission: December 1, 2024

INL Points of Contact:

Submit questions and applications to:

KyivINLGrants@state.gov

Estimated Funding Amount: $2,000,000 U.S. Dollars

SOI Ceiling: $250,000 U.S. Dollars

SOI Floor: At least $25,000 U.S. Dollars

Applicant Type: Organizations only

Eligibility Categories:

Ukrainian and foreign not-for-profit organizations (Refer to

Section E: Eligibility Information for more information) mailto:KyivINLGrants@state.gov

A. EXECUTIVE SUMMARY

The mission of the State Department’s Bureau of International Narcotics and Law Enforcement

Affairs (INL) is to keep Americans safe by countering crime, illegal drugs, and instability abroad.

The U.S. Government clearly identified transnational crime as a threat to public safety and national security and committed through the National Security Strategy to pursue transnational threats to their source. The Administration’s strategic approach recognizes that international security depends on the cooperation of strong, sovereign nations that respect the rights of their citizens while advancing safety and security. The Bureau of International Narcotics and Law Enforcement

Affairs (INL) is at the forefront of responding to these challenges, uniting these overarching themes through our foreign assistance programs and diplomatic engagement.

Drug trafficking and associated violence—including violence that drives irregular migration to the

United States—are not the only threats to our homeland against which we must remain vigilant.

Financial crime, cybercrime, and intellectual property theft cost the U.S. economy – including U.S.

businesses and individual citizens – billions of dollars each year. Human smugglers and transnational criminal organizations (TCOs) that traffic in people, weapons, wildlife, and other contraband imperil the safety of the American people. We also see TCOs operating with hostile foreign powers. Our strategic competitors and rogue states skillfully operate below the threshold of military conflict, challenging U.S. interests and leadership through new methods of influence and coercion.

INL strengthens the criminal justice sector capacities of our partners and allies to manage transnational threats more effectively before they reach U.S. borders or impact U.S. interests. Our work promotes U.S. leadership by advancing a rules- and norms-based international order grounded in the rule of law. We lead U.S. government efforts to develop new, and implement existing, international standards on drug supply and drug demand reduction and against corruption and organized crime. We draw from the widest range of U.S. expertise in our implementation of criminal justice capacity-building programs, and through our promotion of international cooperation, common standards, and interoperability, our work contributes to effective investigations of crimes. We work closely with U.S. law enforcement agencies to develop and deliver both foundational skills and advanced skills ranging from basic police training to complex cybercrime and money laundering investigative techniques. This work enhances critical relationships between U.S. law enforcement entities and their foreign counterparts. We deliver security through justice.

INL’s foreign assistance programs and diplomatic engagement are critical tools in advancing U.S.

policy objectives. One of our greatest strengths is our flexibility to confront emerging challenges, but we can be most effective if we are strategic in how and where we engage to build partner nation capacity. Accordingly, this strategy sets up a framework for understanding how INL prioritizes foreign assistance and diplomatic engagement, which identifies three strategic goals to guide INL’s efforts:

1. Disrupt or deter significant illicit drug trafficking and other transnational criminal activity that threatens U.S. national security, public safety, or drives irregular migration to the

United States.

2. Reduce instability in strategically vital regions and strengthen the resilience of partners facing malign influence.

3. Drive global action through international engagement that promotes interoperable criminal justice systems and common standards to combat shared criminal threats.

The Bureau’s priority programs support three inter-related objectives:

• BUILDING CRIMINAL JUSTICE SYSTEMS: Institutionalize rule of law by developing and expanding criminal justice systems to strengthen partner country law enforcement and judicial effectiveness, foster cooperation in legal affairs, and advance respect for human rights;

• COUNTER-NARCOTICS: Disrupt the overseas production and trafficking of illicit drugs through targeted counter-narcotics and institution-building assistance and coordination with foreign nations and international organizations, and;

• TRANSNATIONAL CRIME: Minimize the impact of transnational crime and criminal networks on the United States and its allies through enhanced international cooperation and foreign assistance.

B. FUNDING OPPORTUNITY

Bureau of International Narcotics and Law Enforcement Affairs of the U.S. Department of State announces an open competition for organizations to submit a statement of interest (SOI) to carry out programs to support Ukraine's law enforcement and criminal justice agencies in their pursuit of investigating, prosecuting and adjudicating war crimes committed by russian federation, bringing perpetrators of the grave atrocities to accountability. Please carefully follow all instructions below.

The submission of the SOI is the first step in a two-step process. Applicants must first submit a concise 1-3 page statement of interest designed to clearly communicate program idea and objectives. This is not a full proposal. The purpose of the SOI process is to allow applicants to submit program ideas for evaluation prior to requiring the development of a full proposal application. Upon a merit review of eligible SOIs, selected applicants will be invited to expand on their program idea(s) by submitting a full proposal application. Full proposals will go through a second merit review before final funding decision are made.

C. PROGRAM PURPOSE/DESCRIPTION

Priority Region: Ukraine

Program Objectives:

The International Narcotics and Law Enforcement Affairs Section of the U.S. Embassy Kyiv is inviting non-for-profit organizations to submit proposals for programs aimed at providing critical support to Ukraine's law enforcement and criminal justice agencies in their pursuit of investigating, prosecuting and adjudicating war crimes committed by Russian federation and bringing perpetrators of the grave atrocities to accountability. This may include providing expert and mentoring assistance to prosecutors and investigators of Ukraine, offering specialized training modules to enhance their skills in handling complex cases, conducting activities aimed at advancing the rule of law and fair trial in the newly de-occupied territories and increasing society’s awareness about adjudication of the war criminals. The initiative also seeks to foster international cooperation by facilitating partnerships with relevant agencies and organizations, encouraging the exchange of best practices and collaborative strategies in the pursuit of justice.

Additionally, the program also seeks assistance in documenting efforts, employing cutting-edge open-source intelligence (OSINT) techniques and IT solutions to gather and analyze information crucial for building strong legal cases. Through these comprehensive activities, the program aims to fortify Ukraine's legal infrastructure, empowering its authorities to pursue accountability for war crimes and uphold the principles of international humanitarian law. All programs should be drafted in close coordination with respective GOU stakeholders.

Additional activities may include:

1. Victim and Witness Support Programs: Implementing comprehensive victim and witness assistance initiatives in coordination with the OPG Coordination Center on

Victims and Witnesses Support. That may include: developing and delivering specialized training programs for law enforcement officers and first responders on how to interact with victims and witnesses of war crimes, providing legal and psychological support services to victims and witnesses, including access to legal counseling, psychological therapy, and other forms of support to help them cope with the aftermath of war crimes and to prepare for the judicial process, establishing secure and confidential communication channels for victims and witnesses to report war crimes and share their testimonies; strengthening the capacity of the OPG Coordination Center on Victims and

Witnesses Support through resource allocation, training, and technical assistance to improve its operational effectiveness, etc.

2. Technological Advancements for Forensic Analysis: Introducing state-of-the-art forensic technologies and methodologies to enhance the accuracy and efficiency of evidence collection and analysis. This may include the deployment of advanced forensic equipment, digital forensics training, and the integration of cutting-edge tools for the examination of crime scenes and evidence.

3. Capacity Building for Criminal Justice Professionals: Conducting capacity-building programs for judges, prosecutors and legal professionals involved in war crimes investigations, prosecutions, and adjudication. This could encompass specialized trainings on international humanitarian law, training to law enforcement personnel on utilizing OSINT techniques for gathering and analyzing publicly available information, etc.

4. Support for Mental Health and Well-being of Professionals: Providing support for the mental health and well-being of professionals involved in war crimes investigations and prosecutions acknowledging the psychological impact of working on such distressing cases.

5. Community Outreach and Education Initiatives: Launching community outreach and education campaigns to raise awareness about the importance of justice, human rights, and the legal consequences of war crimes. These initiatives could involve town hall meetings, educational workshops, and informational campaigns to engage and inform the public about the ongoing efforts to address war crimes. These supplementary activities will complement the core objectives of the program, enabling the selected organization to foster a holistic approach to nurturing an adept anti-corruption network capable of assisting the existing anticorruption infrastructure to detect, expose and investigate corruption cases.

Applicants should budget for office space in Kyiv, Ukraine, salaries, trainings/workshops, and public advocacy campaigns.

D. FEDERAL AWARD INFORMATION

Approximate Length of Project: 12-18 months

Anticipated Number of Awards: 2-10 awards (dependent on amounts)

Approximate Award Amount(s):

awards may range from a minimum of $25,000 to a maximum of $250,000.

Anticipated Project Start: January 1, 2024

Funding Instrument Type: Grant

Type of Funding: FY2024 INCLE

This notice is subject to availability of funding.

Program Performance Period: Proposed programs should be completed in 24 months or less.

The Department of State retains the right to execute non-competitive continuation amendment(s).

Any amendment(s) is based on performance, pending availability of funds and is not guaranteed.

E. ELIGILIBITY INFORMATION

1. Eligible Applicants

The following organizations are eligible to apply:

Ukrainian not-for-profit organizations registered in accordance with Ukrainian legislation that have physical presence in the country, including think tanks, civil society/non-governmental organizations, professional associations, and other organizations that have a proven track record of trustworthiness.

Foreign non-profit organizations, duly registered and in compliance with the legislative requirements of their respective countries, that possess relevant work experience, are invited to apply for funding under this NOFO. Such organizations must provide evidence of their legal registration and adherence to local laws.

Applicants must also meet the following requirements to be eligible to apply to this NOFO:

• Applicants must have demonstrated experience implementing similar projects, preferably in the target country or region. INL reserves the right to request additional background information on organizations that do not have previous experience administering similar programs and/or federal grant awards.

• Applicants must have existing, or the capacity to develop, partnerships with stakeholders in order to successfully carry out the proposed program.

• Incomplete application packages will not be considered for funding.

• American and third-country organizations and individuals are not eligible for grants under this program.

• Applicants are only allowed to submit one proposal per organization. If more than one proposal is submitted from an organization, all proposals from that institution will be considered ineligible for funding.

• In order to be eligible to receive an award, all organizations must have a unique entity identifier – UEI, as well as a valid registration on www.SAM.gov. Please see Section D for information on how to obtain these registrations.

2. Cost Sharing or Matching

Cost share is the portion of project costs not borne by the U.S. government. Cost share is recommended but not required for this project. Applicants must be able to ensure cost share is accounted for/tracked through accounting systems and/or supporting documentation (such as Personnel Activity Records, proof of voluntary hours, proof of any purchases for materials being included as cost share, etc.)

3. Other Eligibility Requirements

• In order to be eligible to receive an award, all organizations must have a unique entity identifier (also known as UEI), as well as a valid registration on www.SAM.gov.

Individuals are not required to have a unique entity identifier or be registered in

SAM.gov.

• Applicants are only allowed to submit one proposal per organization. Organizations may form a consortium and submit a combined proposal, however one organization should be designated as the lead applicant and other organization(s) listed as sub-recipient partner(s).

• To be eligible to receive a federal assistance award, organizations must have a commitment to non‐discrimination with respect to beneficiaries and adherence to equal opportunity employment practices. INL is committed to an anti-discrimination policy in all of its programs and activities. INL welcomes applications irrespective of an applicant’s race, ethnicity, color, creed, national origin, gender, sexual orientation, gender identity, disability, or other status.

• Applicants are reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the recipient to ensure compliance with these Executive Orders and laws. This provision must be included in any sub‐awards issued under this grant award.

Note: Public International Organizations (PIOs) and For-Profit Organizations are excluded from applying to this grant announcement.

F. APPLICATION AND SUBMISSION INFORMATION

Required Documents

Complete applications must include both of these documents:

1. SF-424 (completed and signed)

2. Statement of Interest (SOI) up to 3 pages long.

SF-424 Guidance

The SF-424 is required for all applications for federal assistance. A template is included within the grants.gov posting, under the “Related Documents” tab. The SF-424 must be signed and dated by an authorized representative of your organization.

Content of SOI must include:

The Statement of Interest (SOI) must be 1-3 pages long and it should include the following:

• A brief project description summarizing goals, objectives outcomes, performance indicators, beneficiaries, and proposed timeline.

• A clear statement of the applicant’s organizational capacity to carry out the proposed activity and manage U.S. Government funds.

• A summary budget that estimates expenses, at least among the following OMB-approved budget categories (in U.S. dollars).

CATEGORY

ESTIMATED

FEDERAL AMOUNT

APPLICANT COST

SHARE PROPOSED

A Personnel $X $X

B Fringe Benefits $X $X

C Travel $X $X

D Equipment $X $X

E Supplies $X $X

F Contractual $0 $0

G Construction $X $X

H Other Direct Costs $X $X

I Indirect Costs $X $X

J Total Cost $X $X

Proposal Submission Requirements

• All application materials must be submitted by email to KyinINLGrants@state.gov.

• Application materials must be in English only.

• Application document(s) should be included as attachment(s) to the email. Applicants should not submit any application documents via grants.gov.

• All questions should be submitted to both INL points of contact listed above by the deadline listed on Page 1 of this document. INL’s responses will be made available to all applicants.

A question and answer document will be uploaded to the Documents tab of this announcement in grants.gov.

mailto:KyinINLGrants@state.gov

• Eligibility for this SOI is strictly limited to the organization types listed on Page 1 of this document.

Please follow all instructions below carefully. SOIs that do not meet the requirements of this announcement or fail to comply with the stated requirements will be ineligible.

1. Submission Dates and Times

All application materials must be submitted by email to KyivINLGrants@state.gov.

2. Other Submission Requirements

N/A

G. APPLICATION REVIEW INFORMATION

1. Technical Evaluation Criteria

Each SOI will be evaluated and rated on the basis of the evaluation criteria outlined below.

• Quality of Program Idea – 45 points: The SOI is responsive to program framework. The idea is communicated well and is feasible. SOI’s that promote creative approaches to address program objectives are highly encouraged. The proposed timeline is reasonable.

Goals and objectives are clearly stated and program approach is likely to provide maximum impact in achieving the proposed results.

• Organizational Capacity and Record on Previous Grants – 25 points: The SOI should demonstrate the organization’s expertise and previous experience in administering programs. If a local partner is identified SOI should briefly describe the partner’s role and experience.

• Cost Effectiveness – 15 points: The budget justification is detailed. Costs are realistic, appropriate, and clearly linked to project objectives. Administrative costs are necessary, justified, and in good proportion to direct activity costs.

• Program Planning and Sustainability – 15 points: The SOI should clearly articulate proposed program activities and expected results towards achieving program objectives and goal(s). Program activities will continue to have positive impact after the end of the program.

2. Review and Selection Process

All eligible SOIs will be reviewed against the criteria listed above. SOIs are reviewed individually against the criteria and not against competing SOIs. The panel may provide conditions and/or recommendations on SOIs to enhance the proposed program. Conditions must be addressed, and recommendations should be addressed in a full proposal application.

Required Registrations:

Any applicant listed on the Excluded Parties List System (EPLS) in the System for Award

Management (SAM) is not eligible to apply for an assistance award in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235), “Debarment and Suspension.” Additionally, no entity listed on the EPLS can participate in any activities under an award. All applicants are strongly encouraged to review the EPLS in SAM to ensure that no ineligible entity is included.

H. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Administrative and National Policy Requirements

Terms and Conditions: Before submitting the SOI, applicants should review all the terms and conditions and required certifications which will apply if a full proposal application is requested and awarded, to ensure that they will be able to comply. These include: 2 CFR 200, 2 CFR 600, and the Department of State Standard Terms and Conditions which are available at:

https://www.state.gov/about-us-office-of-the-procurement-executive/.

2. Reporting Requirements

Recipient Reports

Recipients will be required to submit financial reports and program narrative reports. The award document will specify how often these reports must be submitted.

Applicants should be aware of the post-award reporting requirements reflected in 2 CFR 200

Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters.

3. Disclaimer

Issuance of this NOFO does not constitute an award commitment on the part of the U.S.

government, nor does it commit the U.S. government to pay for costs incurred in the preparation and submission of proposals. Further, the U.S. government reserves the right to reject any or all proposals received.

I. FEDERAL AWARDING AGENCY CONTACTS

If you have any questions about the grant application process, please contact INL at:

KyivINLGrants@state.gov.

Note: We do not provide any pre-consultation for application related questions that are addressed in the NOFO. Once an application has been submitted, State Department officials and staff — both in the Department and at embassies overseas — may not discuss this competition with applicants until the entire proposal review process is completed.

https://sam.gov/ https://sam.gov/ https://www.state.gov/about-us-office-of-the-procurement-executive/