Attachment_J.8_Mission_Order_-_Vetting.pdf

USAID AFGHANISTAN

FROM T HE AMERICAN PEOPLE

OAA-IP-2013-007 July 23, 2013

TO: Implementing Partners

FROM: Director, Office of Acquisition and Assistance

SUBJECT: Updated Mission Order 201.05 "National Security Screening (Non-U.S.

Party Vetting)

Dear Implementing Partner, USAID/ Afghanistan has recently updated our Mission Order that pertains to National Security

Screening (Non-U.S. Party Vetting) and we wanted to share this information with you. The purpose of this Mission Order is to describe procedures intended to minimize the risk that the Mission' programs do not provide, even inadvel1ently, support to Prohibited Parties. Some important notes to consider:

• The vetting threshold is confirmed for all awards and subawards made to non-U.S. parties with a value in excess of$25,000. In addition, all non-U.S. subawards made for private security services are required at any dollar level.

• Vetting is applicable at ANY TIER. This means any level of sub-award that meets the threshold requirement is required to be submitted for vetting.

• Vetting must be performed for each "Key Individual" who is not a U.S. citizen or permanent legal resident.

• Training on the vetting process will be provided by the Vetting Unit in upcoming months.

We appreciate your support in this matter and know you share our determination to prevent funds from going to malign actors. Any questions on the Vetting Order can be directed to the

Vetting Unit at Kabul_ USAID _ VSU@usaid.gov.

SiiJ}l'e~r, R.lph oe~JCeL r Acting Di rector Office of Acquisition and Assistance/Afghanistan

Attachment #1: Mission Order 201.05 "National Security Screening (Non-U.S. Party Vetting)

MISSION ORDER

USAID MISSION FOR AFGHANISTAN

ADS Series Mission Order Supplements Responsible Office 200 201.05 Mission Order RLA Programming 201.03 Policy References: Subject: National Effective Date:

Executive Order 13224 Security Screening On the date signed below Title 18 US Code 2339A and2339B (Non-U.S. Party Mission Order 201.03 Vettin2)

I. PURPOSE

The purpose of this Mission Order is to describe procedures intended to minimize the risk that the Mission's programs do not provide, even inadvertently, support to Prohibited Parties (as defined herein). This Mission Order supplements Mission Order 201.03 (Terrorist Finance Risk Assessment, dated October 2009) and replaces Mission Order 201.04 in its entirety.

II. DEFINITIONS

As used in this Mission Order, including the Appendices:

"Award" means any contract, grant, guarantee, cooperative agreement, or any other instrument that acts as any of the same awarded by USAID. Unless the context otherwise requires, an Award includes Sub-awards, as defined below.

"Awardee" means any individual or organization that receives an Award. Unless the context otherwise requires, an Awardee includes Sub-awardees, as defined below.

"CO" or "'AO" means the Contract or the Agreement Officer, as appl icable.

"Information Form" means the form attached as Appendix B that initiates a vetting request.

"Key Individuals" means the individuals defined in Appendix A.3 below. The definition of Key Individuals is not the same as "key personnel" under a contract, grant or cooperative agreement.

"Non-U.S." means (a) for natural persons, any individual who is not (l) a U.S. citizen or (2) a permanent legal resident of the United States; and (b) for organizations, any entity that is more than 50% owned in equity stake (or equivalent thereot) by one or more non-U.S. individual(s) or non-U.S.organization(s).

"Parastatal" means any organization funded or owned by the state but otherwise functions as a private sector enterprise. For the purposes of this Mission Order, Parastatals include, but are not

Mission Order 201.05 Page 1 of 18 limited to, the Afghanistan Investment Support Agency (AISA), the Afghan Public Protection Force (APPF), and Da Afghanistan Breshna Sherkat (DABS).

"PIO" means a Public International Organization designated under ADS 308.

"Private Security Services" include any services that involve the potential use of force in the course of employee duties. Any organization-whether a PSC, RMC or other type of private security provider or consultancy-whose employees are authorized to carry firearms is classified as a Private Security Service.

"Prohibited Party" means an individual or entity that USAID knows or has reasonable grounds to suspect (i) supports or has supported terrorist activities, (ii) is or has been engaged in terrorist activities, (iii) poses a significant risk of committing terrorist activities, or (iv) is or has been engaged in other activities which are contrary to the national security or foreign policy interests of the United States.

"PSC" means Private Security Contractor.

"RMC" means Risk Management Consultant.

"Sub-award" means any grant, subgrant, guarantee, subcontract, or any other instrument that acts as any of the same awarded by an Awardee pursuant to an Award.

"Sub-awardee" means any individual or organization that receives a Sub-award.

"Tier" means the level of Sub-award under the Award. For instance, a Sub-award under a Sub award to an Award would be a second-tier sub-award. "Any tier" means any level of Sub-award under an Award.

"Vetting Threshold" means any Award or Sub-award exceeding $25,000 as further defined in Appendix A.2.a.

"VSU" means the Vetting Support Unit of the USAID Mission.

III. AUTHORITIES AND REFERENCES

To protect national security interests and as the steward of USG funds, USAID must take reasonable and appropriate steps to ensure that neither USAID funds nor USAID-funded activities provide support, inadvertently or otherwise, to Prohibited Parties.

U.S. government agencies, as well as Congressional committees, have paid increasing attention to the risks of U.S. reconstruction funds in Afghanistan being diverted to Prohibited Parties, with several Congressional committees having issued reports detailing their concerns.

See, e.g., "Inquiry into the Role and Oversight of Private Security Contractors in Afghanistan Report, Together with Additional Views of the Committee on Armed Services U.S. Senate, Mission Order 201.05 Page 2 of 18

September 28, 2010". Additionally, GAO has undertaken a review to identify what efforts are underway to ensure that U.S. funds or resources are not diverted to support Prohibited Parties.

With respect to terrorism, Executive Order (E.O.) 13224 (9/25/2001) blocks property and interests in property of individuals and entities that are designated as committing, or posing a significant risk of committing, terrorist acts. E.O. 13224 prohibits all transactions and dealings in blocked property or interests in the U.S. or by U.S. persons. It also prohibits transactions with, and provision of support for, individuals or entities designated in or subject to the E.O.

E.O. 13224 is just one of several statutes, regulations and Executive Orders pertaining to terrorism. Others include Title 18 USC Sections 2339A and 23398, which prohibit the provision of material support or resources for terrorist acts or to designated foreign terrorist organizations.

USAIO Afghanistan Mission Order 201.03 (October 2009) requires the Mission to complete terrorist financing risk assessments prior to the request for any program funds. It also introduces the concept of vetting.

IV. ADDITIONAL BACKGROUND INFORMA'I'ION

In addition to the vetting procedures established by this Mission Order, several less formal means exist to limit support to Prohibited Parties. First, the CO or AO, as applicable, is required to check relevant public lists including the special designated nationals (SON) list and the excluded parties list found at System for Award Management (SAM). Second, before an Award is made, the staff of USAIO (in the case of a prime Award) or the staff of the prime Awardee (in the case of Sub-awards) must scrutinize various aspects of that entity's operations as part of the standard due diligence and pre-award survey. Third, the personal knowledge of USAIO staff is taken into account before any Award is made or a Sub-award is approved. Finally, knowing that non-U.S. parties will be subject to such scrutiny discourages Prohibited Parties from applying for USAIO-financed assistance in the first place.

Mission Order 201.05 Page 3 of 18

v. PROCEDURES FOR VETTING

Appendix A details vetting procedures. These procedures are subject to change. Check with the VSU for updates prior to implementing.

Mission Order 201.05 Page 4 of 18

VI. EFFECTIVE DATE

This Mission Order will go into effect on the date signed by the Mission Director below.

Acting Mission Director: Sarah Wines S; ~u0~ ~ Date: 1 l ~ I \?

IX. APPENDICES

A. Vetting Procedures B. Information Form

c. Sample Notification Language

Mission Order 201.05 Page50f~ It

Appendix A: Vetting Procedures

1. Applicability: Subject to Section I.d. below, vetting is conducted by USAID in connection with its review and approval of proposed USAID Awards and Sub-awards for the following:

a. Contractors and subcontractors: Any proposed non-U.S. recipient of an Award of a USAID contract, subcontract, or any instrument acting as the same in excess of $25,000 at any tier. This includes USAID-awarded contracts, prime contractor-awarded subcontracts and contracts awarded by grantees and recipients of cooperative agreements.

For the avoidance of doubt, this Mission Order applies to all Sub-awardees of Awards for Private Security Services. regardless of award value and regardless of tier.

b. Recipients of assistance instruments: Any proposed non-U.S. recipient of an Award of a grant, cooperative agreement, subgrant, or any instrument acting as the same in excess of $25,000. This includes USAID-awarded grants and cooperative agreements, prime contractor-awarded grants under contracts (GUCs) and subgrants under grants or cooperative agreements, regardless of tier.

c. On-budget assistance: USAID reserves the right to conduct vetting in connection with anyon-budget assistance, including any Sub-awards under such on-budget assistance, to the same extent as provided as under this Mission Order.

d. Exceptions: Except as provided in Section I.e. below, the vetting procedures set forth herein do not apply to:

I) Ultimate beneficiaries of cash or in-kind assistance, such as food, water, medical care, micro-enterprise loans and shelter;

2) Providers of water and electricity (which currently is DABS) for USAID's or USAID Awardee's own use in the ordinary course of business; and

3) APPF, as the sole provider of pay-for-service security requirements mandated under Presidential Decree 62.

For purposes of these vetting procedures, '·ultimate beneficiaries" mean individuals or entities that benefit from assistance indirectly. Vetting is required when cash or in-kind assistance is provided directly to one or more specifically identified persons or entities.

For example, vetting generally would be required for a hospital that will receive pharmaceuticals, a company whose manufacturing equipment will be repaired or replaced, or an NGO whose recreational facilities will be renovated. Vetting is not required, however, for patients of the hospital, customers of the manufacturer, or users of the recreational facilities.

e. Other situations: Even if vetting would not otherwise be required under these rules, vetting will be conducted whenever USAID has reason to believe that the Awardee or Sub-awardee could be a Prohibited Party. USAID may also conduct vetting pursuant to any internal or external audits. See Section 7, Risk-Based Vetting, below.

Mission Order 201.05 Page 6 of 18

2. Further Rules on Applicability:

a. Vetting Threshold: The $25,000 threshold applies to all Awards, Sub-awards, and their amendments. If an amendment, modification, or additional order would increase the amount of an Award or Sub-award above $25,000, vetting shall be required. The threshold is cumulative for multiple awards, i.e., if the amount under an Award to an Awardee would, if taken together with all other Awards previously awarded to the Awardee, cause the total amount awarded to the Awardee to exceed the $25,000 threshold, vetting should be requested. Additionally, all Awards for Private Security Services, including PSCs and RMCs whose employees are authorized to carry firearms, are subject to vetting regardless of the A ward amount.

b. Government Officials: Government officials, including parliamentarians and national, provincial, district and municipal officials, to the extent they serve as Key Individuals, or perform functions substantially similar to those performed by a Key Individual, in connection with a USAID-funded project, are subject to vetting to the same extent as other USAID Awardees. Vetting results will be taken into consideration, to the extent relevant, in the context of the applicable ministry assessment conducted in connection with on-budget assistance.

c. Parastatals: USAID reserves the right to conduct vetting in accordance with the procedures set forth herein on any Awardee that is a Parastatal.

d. PIOs: Although PIOs are not themselves subject to vetting, parties to whom PIOs make Awards or otherwise provide assistance are subject to vetting by USAID in accordance with these rules.

e. Parastatal and Government Sub-awardees: USAID reserves the right to conduct vetting on non-U.S. recipients of Sub-awards under Parastatal or government activities or programs funded by USAID in accordance with the procedures set forth herein.

f. Educational Institutions: Vetting applies to colleges, universities and other educational institutions to the same extent as other types of organizations.

g. Branches and subsidiaries: A branch of an organization is the same corporate legal entity as the organization itself. As such, if a branch is a potential Awardee, the entire organization must be vetted as well. If an organization has been previously vetted, whether subsequent vetting will be required for each of its branches that applies for assistance will be decided by the VSU on a case-by-case basis. This decision will depend largely on the extent to which the organization's headquarters oversees and controls the activities of the branches.

A subsidiary, on the other hand, is a separate corporate legal entity from its parent and other affiliates. Vetting will not be conducted on the parent or affiliates of a subsidiary that is a potential Awardee un less the parent or affi I iate itself is a potential Awardee.

Mission Order 201.05 Page 7 of 18

h. Inter-Agency Transfers: For Awards un der inte ragency agreements pursuant to Section 632(a) or (b) of the Fo re ign Assistance Act of 196 1, as amended, it wi ll be incum bent upo n the rec ipient agency to implement appropriate review procedures to ensure compli ance w ith E.O. 13224 and re lated requirements.

3. Vetting of " Key Indiv idua ls": Wheneve r an entity must be vetted, each of its "Key Indi v iduals" who are not U.S. c iti zens or perman ent legal res idents must also be vetted . A " Key Indi vid ual" means:

a. A ny person who exerc ises effec ti ve control of th e o rgani zation ;

b. A princ ipal officer o f th e organi zati on' s governing body (e.g., cha irman, v ice chairman, treasurer or secretary o f the board of directors or board o f tru stees);

c. The princ ipa l office r and deputy principal offi cer o f th e organi zati on (e .g. , executive director, deputy director, pres ident or v ice pres ident) ;

d. The program manager or chief of party for the USA I D-financed program;

e. A ny person rece ivi ng sign ifi ca nt commissions (defi ned as a sum , eit he r fi xed or a set percentage of the value invol ved , paid to an agent or person acting in a s imilar ro le in the acti v ity invo lved) or s imilar ea rnings from the Award in an amount exceedin g the Vetting Thresho ld ; and

f. Any oth er perso n w ith s ign ificant responsibiliti es fo r adm ini strati o n of USA ID-financed acti v ities or reso urces (while a comprehensive list is not poss ible, thi s would include any person acting in a ro le substantia ll y s imilar to those out lined in (a)-(e) . For Pri vate Secu rity Services, thi s would include leadership ro les down to the leve l o f fi e ld commanders) .

Note that the definit ion of " Key Indi v iduals" diffe rs from the definiti on of "key personne l" under a contract, grant or cooperati ve agreement.

Vetting w ill not be conducted on non -U.S. Key Indi v idu als work ing fo r a U.S. Awardee.

However, USA ID reserves the right to cond uct vetti ng on such Key Indi v id uals wheneve r USA ID has reaso n to be lieve that such ind ividuals could be a Proh ibited Party.

4. Obta ining Data Needed for Review:

a. As spec ified in the so licitat ion , entiti es applying directly to USA ID for Awards exceed ing the Vettin g Thresho ld will submit the In fo rm ati on Form to the VS U (Kabu l usaid vsu!iV.state .gov) at th e same time they submit the ir proposal o r appl icati on.

b. Prime Awardees w ill be respons ible for completing, s ign ing and subm itt ing the Informati on Fo rm to the VS U (Kabul usaid vsuialstate .gov) fo r each proposed Sub award exceeding the Vetting Threshold. The prim e Awardee is cons idered the vetting

Miss ion Order 201 .05 Page 8 of 18 requester and is responsible for taking reasonable steps (in accordance with sound business practices) to verify the information contained in the Information Form.

c. Along with each Information Form, the prime Awardee is required to submit the following supporting documentation:

1. Copies of applicable, currently valid licenses required for the proposed Awardee to do business in Afghanistan. A valid AISA license must be in place for the duration of an Award and Sub-award, including any amendments thereto.

2. Legible copy of a government-issued photo ID for each Key Individual (for Afghans, a tazkera is required). The number on the ID must match the number entered on the Information Form.

3. Copy of a passport for each Key Individual in possession of a passport (Afghans with passports should submit both tazkera and passport). Passport numbers must be recorded on the Information Form.

4. For U.S. citizens or legal permanent residents employed as Key Individuals, passport copies or other proof of U.S. citizenship or legal permanent residence.

5. Notification of Determination:

a. Once an eligibility determination has been made, the VSU will promptly send written notice of the determination to the chief of party or program director of the prime Awardee or, if applicable, to the Sub-awardee being vetted (with a copy to the prime Awardee) with respect to a request pursuant to Section 4(b) above. Notices to outside parties should conform to the language shown in Appendix C. A copy of the eligibility determination will be retained in VSU's files.

b. Once an ineligibility determination has been made, the cognizant CO or AO is responsible for communicating with the prime Awardee or, ifapplicable, the Sub awardee being vetted (with a copy to the prime Awardee), using the appropriate language shown in Appendix C. The VSU will notify appropriate officials in USAID/Washington about such ineligibility determination and will provide the Suspension and Debarment Official with any relevant information.

6. Duration of Approval:

a. Once an Awardee has been deemed eligible and has received an Award, the approval generally will remain in effect for that particular Award for one year. However, new vetting will be required if there is any change in the Awardee's Key Individuals. The Awardee is required to keep USAID apprised of changes in the Key Individuals. In addition, new vetting will be required if there is any substantial change (i.e., location, award amount, time frame) in the award itself. In addition, USAID reserves the right to

Mission Order 201.05 Page 9 of 18 vet or re-vet any non-U.S. organization or non-U.S. individual awarded or competing for an Award at any time regardless of the previous vetting date.

b. Vetting approval may be rescinded if USAID obtains information indicating that the Awardee or any of its .Key Individuals is found to be a Prohibited Party.

c. Each Awardee must be vetted for each new Award that exceeds the Vetting Threshold, and at least annually for the duration of an Award.

7. Risk-Based Vetting:

The Vetting Threshold sets the minimum threshold to screen potential A wardees. In designing programs, technical or program offices may submit potential A wardees for vetting when the Award is below the Vetting Threshold. Considerations for vetting below the Vetting Threshold include, but are not limited to, the following:

a. Awards for Private Security Services (mandatory);

b. Geographic location of the project;

c. Political significance of the project;

d. Type of activity being implemented (e.g., certain activities such as security or construction carry a higher risk of encountering a Prohibited Party); and

e. Other information known formally or informally by the U.S. Government regarding potential Awardees or the risk to the project.

Mission Order 201.05 Page 10 of 18

Appe ll IX : A II ormatlOlI d' B US ID I f F orm Part I: Information About Proposed Activities (all parts mandatory)

1. Name of the proposed awardee of USAID contract or assistance (Firms must include a copy of applicable, currently valid licenses to do business in Afghanistan )

2. Type of proposed award or other assistance (check one):

o Contract or Subcontract o Grant or SubQrant o TraininQ 0 Equipment o Other

3. US$ amount and estimated start/end date of proposed award or assistance:

Dollar amount: $ Start: End:

4. Purpose of proposed award or assistance:

5. Orqanization proposed to receive award or other assistance:

a. Name:

b. Address (include village/town/city, state/county/province, and country):

c. Telephone: I d. Fax: I e. Email:

6. Information on Key Individuals associated with the organization named in 5 above who are Inot U.S.I Fitizens or permanent legal residentsl, or, if no organization is listed , information on each individual to receive cash or in-kind assistance (including technical assistance). Use continuation sheets as necessary .

•• = mandatory information.

A. Name (As in passport or other government-issued photo 10): " Government-issued photo 10 number, type of 10 and country of issuance: "

Place of birth " Date of birth:" (Example: 3 Title in organization (Example: PresidenWice PresidentlCFO):

village/town/city: May, 1979) state/county/province:

country:

Other names used {may include nicknames, pseudonyms not listed Gender: " under MName"):"

Current employer and job title: Occupation:

Address of residence " Citizenship(s):" (Afghans: Tribal Affiliations, Father's Name and village/town/city: Grandfather's Name) state/county/province:

country:

Email : Is the individual a U.S. citizen or legal permanent resident?"

Phone: Yes D NoD

Part II : Contractor/Grantee/Recipient Certificat ion: (to be completed by Prime Awardee chief of party, program director or their designee) Potential Awardee certifies in submitting this form that it has taken reasonable steps (in accordance with sound business practices) to verify the information contained in this form. Contractor/Grantee/Recipient understands that the U.S. Government may rely on the accuracy of such information in processing this vetting request.

Name: Signature:

Title/Organization: I Date:

Part III: Submission details (to be completed by USG vetting official) Vetting request number Staff member who initiated request

Project name

Date submitted for screening -MIssion O rder 20 1.0) Page I I of 18

USAID Information Form Continuation Sheet for Part I, Section 6: List of Individuals (Use additional continuation sheets as necessary):

B. Name (As in passport or other government-issued photo 10):** I Government-issued photo 10 number, type of 10 and country of issuance:**

Place of birth** Date of birth:-* (Example: 3 Title in organization (Example: PresidenWice PresidentlCFO):

village/town/city: May, 1979) state/county/province:

country:

Other names used (may include nicknames, pseudonyms not listed Gender:** under "Name"):**

Current employer and job title: Occupation:

Address of residence** Citizenship(s):** (Afghans: Tribal Affiliations, Father's Name and village/town/city: Grandfather's Name) state/county/province:

country:

Email: Is the individual a U.S. citizen or legal permanent resident?**

Phone: Yes 0 NoD

c. Name (As in passport or other government-issued photo 10):** I Government-issued photo 10 number, type of 10 and country of issuance:**

Place of birth** Date of birth:-* (Example: 3 Title in organization (Example: PresidenWice PresidentlCFO):

village/town/city: May, 1979) state/county/province:

country:

Other names used (may include nicknames, pseudonyms not listed Gender:** under "Name"):**

Current employer and job title: Occupation:

Address of residence- Citizenship(s):- (Afghans: Tribal Affiliations, Father's Name and village/town/city: Grandfather's Name) state/county/province:

country:

Email: Is the individual a U.S. citizen or legal permanent resident?*-

Phone: Yes 0 NoD

D. Name (As in passport or other government-issued photo 10):** I Government-issued photo 10 number, type of 10 and country of issuance:**

Place of birth- Date of birth:** (Example: 3 Title in organization (Example: PresidenWice PresidentlCFO):

village/town/city: May, 1979) state/county/province:

country:

Other names used (may include nicknames, pseudonyms not listed Gender:--under "Name"):**

Current employer and job title: Occupation:

Address of residence** Citizenship(s):** (Afghans: Tribal Affiliations, Father's Name and village/town/city: Grandfather's Name) state/county/province:

country:

Email: Is the individual a U.S. citizen or legal permanent resident?**

Phone: Yes 0 NoD

Mission Order 201.05 Page 12 of 18

INFORMATION FORM INSTRUCTIONS

Please provide information for key individuals of all organizations receiving funds from USAIO.

including grantees. sub-grantees. contractors. and vendors, who work in Afghanistan.

Question 1 - Self-explanatory Question 2-lndicate the proposed type of mechanism to be utilized by placing a check mark on the line in front of the appropriate term Question 3 - Enter the amount of award or assistance (or sub-award) in U.S. dollars and indicate the start and end date of the award (or sub-award) using a mm/dd/yyyy format Question 4 -Indicate the purpose of the award or assistance. Use additional sheets and attach to page one of the vetting form if necessary Question 5 a-i - Self-explanatory.

Attach a copy of the relevant, c,rrently1valid Afghan business license.

Question 6 - A "Key Individual" means (i) Any person who exercises effective control of the organization;

(ii) a principal officer of the organization's governing body (e.g., chairman, vice chairman, treasurer or secretary of the board of directors or board of trustees); (iii) the principal officer and deputy principal officer of the organization (e.g., executive director, deputy director president or vice president); (iv) the program manager or chief of party for the USAIO-financed program; (v) any person receiving significant commissions (defined as a sum, either fixed or a set percentage of the value involved, paid to an agent or person acting in a similar role in the activity involved) or similar earnings from the Award in an amount exceeding $25,000; and (vi) any other person with significant responsibilities for administration of USAIO financed activities or resources (while a comprehensive list is not possible, this would include any person acting in a role substantially similar to those outlined in (i)-(v). For Private Security Services, this would include leadership roles down to the level of field commanders). Complete for each of these six categories or indicate "N/A" if a category does not apply. Use additional pages as needed. Only Key Individuals who are not U.S. citizens or permanent legal residents need to be submitted. Attach copies of photo 10 for each non-U.S. "Key Individual". In addition, for all non-U.S. Key Individuals in possession of passports, passport copies must be attached.

Note: If a "Key Individual" is a U.S. citizen or permanent legal resident, proof of citizenship or residency must be attached.

Part II The representative of the prime Awardee (chief of party, program director or their designee) must fill out the form, read the certification and print their name where indicated, sign where indicated, print their title and the name of their organization where indicated, and print the date where indicated.

Part III This section will be completed by the USG vetting official.

Mission Order 201.05 Page 13 of 18

Appendix C: Notional language for Notification Letters

[Note: Eligibility letters are not transferable under any circumstances.]

[The language below is suggested for notices to prime award recipients.]

Notice of Eligibility

SUBJECT: Notice of Eligibility - [prime awardee name] PVS Awardee #/PVS Request # Contract number (program acronym) Final determination date:

Eligibility Expiration date:

REF: (a) Information Form (IF), dated XXX

Dear Implementing Partner:

USAIDI Afghanistan has received your vetting request (REF: (a)) and has determined that your organization is eligible to receive the referenced assistance.

USAIDI Afghanistan reserves the right to rescind this vetting determination in the event that we become aware of information indicating that an award to your organization is contrary to U.S. law or policy prohibiting support for terrorism or other activities that are inconsistent with U.S. national security interests. Furthermore, a new request for approval will be required if your organization wishes to extend this award or receive a new award.

This approval does not relieve your organization of its legal obligation to comply with U.S.

Executive Orders and U.S. law prohibiting transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism.

As required by the terms of your contract/agreement with USAID, please promptly notify the Kabul Vetting Support Unit (VSU) in the event of any change in the identity of the "key individuals." We request that you also notify the VSU if there is a material change in the program or operations of your organization or any development that might cause USAID to reconsider your organization's eligibility.

Sincerely, Kabul Vetting Support Unit

Mission Order 201.05 Page 14 of 18

Notice of Ineligibility

SUBJECT: Notice of Ineligibility - [prime awardee name] PYS Awardee #/PYS Request # Contract number (program acronym) Final determination date:

REF: (a) Information Form (IF), dated XXX

Dear XXX:

USAID/Afghanistan has received your vetting request (REF: (a)) and has determined that your organization is ineligible to receive the referenced assistance.

USAID/Afghanistan Mission implements a vetting system covering all assistance (grants) and acquisition (contract) awards. The purpose of the USAIDI Afghanistan vetting system is to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists, supporters of terrorists or affiliated with terrorists, while also minimizing the impact on USAID programs and its implementing partners.

Your organization will no longer be considered for the award that triggered the vetting request.

However, your organization is not precluded from applying for future awards, as it is USAID/Afghanistan's mission policy to re-vet entities for every proposed award based on information available at the time of the determination even if they failed vetting in the past. We understand that entities change and evolve over time. While we cannot disclose specific vetting issues, we hope your organization will overcome such issues in future awards.

Sincerely, [COlAO]

Mission Order 201.05 Page 15 of 18

[The language below is suggested for notices to prime award recipients about proposed sub awards if pre-award and the proposed sub-award is valued at over $150,000.]

Notice of Non-consent

SUBJECT: Notice of Non-consent - [sub-awardee name] PVS Awardee #/PVS Request # Contract number (program acronym) Final determination date:

REF: (a) Information Form (IF), dated XXX

Dear Implementing Partner:

I am writing with regard to , which your organization has proposed to receive USAID assistance (REF: (a)). Please be notified that USAIDIAfghanistan does not consent to _____ being the recipient of the referenced assistance. We encourage you to identify another candidate to receive the proposed assistance.

Sincerely, [COlAO]

Mission Order 201.05 Page 16 of 18

[The language below is suggested for notices to sub-award recipients (with a copy to the prime award recipient who submitted the sub-awardee in question for vetting).]

Notice of Eligibility

SUBJECT: Notice of Eligibility - [sub-awardee name] PVS Awardee #/PVS Request # Contract number (program acronym) Final determination date:

Eligibility Expiration date:

REF: (a) Information Form (IF), dated XXX

Dear XXX:

USAID/Afghanistan has received a vetting request (REF: (a» from ____ and has determined that your organization is eligible to receive the referenced assistance.

USAID Afghanistan reserves the right to rescind this vetting determination in the event that we become aware of information indicating that an award to your organization is contrary to U.S. law or policy prohibiting support for terrorism or other activities that are inconsistent with U.S. national security interests. Furthermore, a new request for approval will be required if the award to your organization is extended or your organization is proposed for a new award.

This approval does not relieve your organization of its legal obligation to comply with U.s.

Executive Orders and U.S. law prohibiting transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism.

As required by the terms of your contract/agreement with , please promptly notify ____ in the event of any change in the identity of your organization's "key individuals." We request that you also notify if there is a material change in the program or operations of your organization, or any development that might cause USAID to reconsider your organization's eligibility.

Sincerely, Kabul Vetting Support Unit

Cc: [prime awardee]

Mission Order 201.05 Page 17 of 18

Notice of Ineligibility (if (a) pre-award and the proposed sub-award is valued at less than $150,000, or (b) post-award)

SUBJECT: Notice of Ineligibility - [sub-awardee name] PVS Awardee #/PYS Request # Contract number (program acronym) Final determination date:

REF: (a) Information Form (IF), dated XXX

Dear XXX:

USAID/Afghanistan has received a vetting request (REF: (a)) from ____ and has determined that your organization is ineligible to receive the referenced assistance.

USAID/Afghanistan implements a vetting system covering all assistance (grants) and acquisition (contract) awards. The purpose of the USAID/Afghanistan vetting system is to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists, supporters of terrorists or affiliated with terrorists, while also minimizing the impact on USAID programs and its implementing partners.

Your organization will no longer be considered for the sub-award that triggered the vetting request.

However, your organization is not precluded from applying for future awards or sub-awards, as it is USAID/Afghanistan's mission policy to re-vet entities for every proposed award or sub-award based on information available at the time of the determination even if they failed vetting in the past. We understand that entities change and evolve over time. While we cannot disclose specific vetting issues, we hope your organization will overcome such issues in future awards.

Sincerely, [COlAO]

Cc: [prime awardee]

Mission Order 201.05 Page 18 of 18