The Jerusalem Times (a weekly palestinian newspaper) has a story today about the ongoing refusal of palestinian NGOs (Non-Governmental Organizations) to sign the anti-terrorism pledge required to obtain American aid. Specifically, the NGOs are protesting what they're calling "the U.S. Agency for International Development 'USAID' requirement they sign a pledge the money would not be used for terrorism."
According to the article (and a related AP story that's been making the rounds the last few days),
USAID spokeswoman Monica Pataki said the organization has not decided how to deal with the Palestinian refusal.
The problem is, the requirement doesn't originate with USAID, so it's not really up them whether to, you know, fudge it. The requirement comes from a little higher up. As explained in no uncertain terms in a document found on the USAID website:
Following the tragic events of September 11, 2001, President Bush issued Executive Order 13224 of September 24, 2001. Executive Order 13224 designated 27 individuals and entities that commit or pose a significant risk of committing terrorist acts and authorized the Secretary of State to designate additional individuals and entities. [ . . . ] The Order prohibits all transactions and dealings in blocked property or interests in the U.S. or by U.S. persons, and also prohibits transactions with, and provision of support for, individuals or entities listed in or subject to the Order. As of February 26, 2002, the number of designated individuals and entities was 189.
Pending more detailed guidance, USAID posts and Washington-based COs and CTOs are requested to ensure that all USAID contractors and recipients are aware of Executive Order 13224 and the names of the individuals and entities designated thereunder. A list of these names can be found at the web site of the Office of Foreign Assets Control (OFAC) within the Department of Treasury. That web site is http://treasury.gov/ofac.
Solicitations and contracts, Annual Program Statements or Requests for Applications and grants or cooperative agreements, or other comparable documents issued by USAID must contain the following language:
"The Contractor/Recipient is 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 contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/subawards issued under this contract/agreement."
Any deviation from this language must follow the procedures in ADS 302.5.2 for contract actions, and ADS 303.5.3 for assistance. For contract actions, the requestor must coordinate his or her request with GC/DCHA before submitting the deviation request to OP/P for comment. For assistance actions, OP/P will coordinate with GC and SEC before providing its comments.
Seems crystal clear to me. If the palestinian NGOs refuse to accept funds with conditions attached, as they claim, they get no USAID funds. Unless USAID is contemplating contrvention of an Executive Order. Now that would be interesting.
By the way, this Monica Pataki doesn't show up in USAID's staff directory, which says it was updated Tuesday. But that doesn't mean much. It does appear that she is or recently was director of The American Center Jerusalem (an office of the U.S. Embassy). And I did manage to find a picture of her, here.
