OGSM: COUNTRY: MALAWI AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND . PLANET AID, INC. FOR THE SUPPLY OF AGRICULTURAL COMMODITIES UNDER THE FOOD FOR PROGRESS ACT Preamble The Government of the United States of America, acting through the Commodity Credit Corporation (hereafter referred to as and Planet Aid, Inc. (hereafter referred to as the Cooperating Sponsor); In an effort to use the food resources of the United States in support of countries that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity prices, marketing, input availability, distribution, and private sector involvement; Desiring to set forth the understandings that will govern the supply of agricultural commodities to the Cooperating Sponsor for distribution in Malawi pursuant to the Food for Progress Act of 1985, as amended; Agree as folloWs: PART I GENERAL PROVISIONS A. This Agreement is subject to the terms and conditions set forth in 7 CFR. Part 1499, except as maybe specifically provided herein. B. agrees to provide to the Cooperating Sponsor the agricultural commodities, and quantities thereof, specified in Part II, Item I (hereafter referred to as the "commodities") for assistance in Malawi and, to the extent speci?cally included in Part 11, Items II and Ill, pay ocean transportation and other costs associated with providing the commodities. C. The Cooperating Sponsor agrees to use the commodities only in accordance with this Agreement and the approved Plan of Operation, Attachment A, which is attached hereto and made apart of this Agreement, and shall not sell or barter the commodities except as specified in Attachment A or otherwise speci?cally agreed in writing by 2 D. Except as may be authorized by all deliveries of the commodities will be made within the supply period(s) speci?ed in Part Ii, Item E. The Cooperating Sponsor shall not sell or transship the commodities to locations outside of Malawi. F. The Cooperating Sponsor shall distribute or, if approved by sell the commodities provided under this Agreement within Malawi at the earliest practical time. G. The Cooperating Sponsor shall submit semiannual logistics reports (Form required by 7 C.F.R. section 1) and, where applicable, monetization reports (Form required by 7 C.F.R. section as follows: For agreements signed October 1 through March 31, the first report(s) is due by the following May 16 and shall cover the period from the agreement signing date through March 31. For agreements signed April 1 through September 30, the ?rst report(s) is due by the following November 16 and shall cover the period from the agreement signing date through September 30. Thereafter, logistics reports shall cover each subsequent six (6) month period until all commodities have been distributed or sold. Monetization reports, where applicable, shall also cover each subsequent six (6) month period until all proceeds from commodity sales Under this Agreement have been disbursed. These reports shall be submitted to the Director, Food Assistance Division, 1400 Independence Avenue, S.W., Stop 1034, Washington, DC. 20250?1034. H. Notwithstanding the provisions of7 C.F.R. section the quarterly ?nancial statements relating to this Agreement shall be submitted to the Director, Food Assistance Division, I. The Cooperating Sponsor shall submit a copy of the annual audit required by 7 C.F.R. section 1499.17 to the Director, Food Assistance Division, 3 PART 11 PARTICULAR PROVISIONS Item I Commodities A. The commodities to be made available under this Agreement are as follows: Commodity Packaging Maximum Quantity Supply Period FY of 5 Metric Tons (MT) to US. Port(s) Funding Hard Red . Bulk (bags, 10,000 June 2009 2009 Spring/Dark 5 needles and 10,000 June 2010 2009 Northern Spring twine) 10,000 June 2011 2009 (DNS) . Total 3 30,000 may, at its option, substitute packaging of a different size or type or both. B. The commodities to be provided by will be in accordance with the speci?cations in Attachment B, which is attached hereto and made a part of this Agreement. C. will endeavor to provide to the Cooperating Sponsor the maximum quantities of the commodities speci?ed above. may, however, provide quantities of commodities that are less than the maximum quantities, to the extent that in estimation the total cost of commodities, freight, and any US. dollar assistance provided under this Agreement would otherwise exceed $26.62 million. Item 11 us Payment of Costs The payment of all costs associated with the processing, packaging, transporting, handling, and other charges incurred in the distribution of the commodities will be apportioned as follows: A. agrees to donate the commodities without charge and pay the following costs after delivery to the Cooperating Sponsor: ocean transportation to the designated discharge port(s) and reasonable transportation costs incurred in moving the commodities from the designated discharge port(s) to the initial storage site(s). 13. The Cooperating Sponsor agrees to arrange for the following: ocean transportation and transportation, handling, storage and distribution in Malawi. The Cociperating Sponsor will arrange for transportation from the designated discharge port(s) to the initial storage site(s) 'using a through hill of lading. 4 C. will provide the Cooperating Sponsor not more than $1,902,9l7'to provide assistance in the administration and monitoring of food assistance programs undertaken by the Cooperating Sponsor. The Cooperating Sponsor may make expenditures of funds generated from a sale of the commodities that is otherwise permitted under this Agreement (henceforth referred to as the "monetization proceeds") or funds provided in dollars by for the costs, and up to the amounts, specified in the approved Program Operation Budget in Attachment C, which is attached hereto and made a part of this Agreement. Notwithstanding the provisions of 7 C.F.R. section the Cooperating Sponsor may make adjustments between items identified under "Direct Costs" in Attachment of up to 20 percent of the "Total Direct Costs" approved for all funds or $50,000, whichever is less, without any further approval; provided, however, that the Cooperating Sponsor may not make any adjustment to the amounts provided in dollars by for items designated "Activities" or "Internal TranSportation, Storage and Handling if any. Adjustments beyond these limits must be speci?cally approved by If the Cooperating Sponsor uses less than the total amount that is specified in Attachment under "Grand Total Costs? approved for monetization proceeds, if any, the Cooperating Sponsor will either use the unused portion of the monetization proceeds for an alternative use that may be specified in section 6(e)fof Attachment A or request to amend the Agreement to permit an alternative use. D. The amounts speci?ed for indirect costs in Attachment are based upon a provisional rate contained in a Negotiated Indirect Cost Recovery Agreement (NICRA). In the event that the NICRA final rate for a particular period is lower than the provisional rate, the Cooperating Sponsor: in the case where has made an indirect cost recovery payment in dollars, will return the difference to and in the case where the indirect cost recovery payment will come from the monetization proceeds, will return the difference to use the difference for an alternative use that may be specified in section 6(e) of. Attachment or request to amend the Agreement to permit the Cooperating Sponsor to use the difference for an alternative use. In the event that the NICRA final rate for a particular period is higher than the provisional rate, the Cooperating Sponsor: in the case where has made an indirect cost recovery payment in dollars, will not be entitled to additional funds for the difference or any part thereof; and in the case where the indirect cost recovery payment will come from the monetization proceeds, may shift an amount of the monetization proceeds equal to or less than the difference from direct costs to indirect costs, to the extent permitted in section 6(e) of Attachment A, or request to amend the Agreement to permit the Cooperating Sponsor to use the difference for an alternative use. In evaluating a request for an amendment, will consider the effect that such an amendment may have on the successful implementation of the Agreement. Item - Ocean Carrier Loss and Damage A. The provisions of7 section Ocean carrier loss and damage, will not apply to the ocean transportation of any commodities which are to be sold in accordance with the Agreement if the Cooperating Sponsor notifies prior to delivery of the commodities to the Cooperating Sponsor that: (1) the commodities have been sold on terms that require full payment based upon bill of lading quantities, or (2) the Cooperating Sponsor is the purchaser of insurance against marine cargo loss and damage (including general average losses) for at least the landed value of the commodities. B. In the event that 7 C.F.R. section Ocean carrier loss and damage, does apply to the ocean transportation of commodities provided under this Agreement, will pay for an independent cargo surveyor to attend the discharge of the cargo and prepare a report of its findings. Unless determines otherwise, the Cooperating Sponsor will arrange for an independent cargo surveyor in accordance with 7 C.F.R. section Item IV Certification Regarding Terrorist Financing By signing this Agreement, the Cooperating Sponsor provides the certi?cation set forth in the ?Foreign Agricultural Service Terrorist Financing Certi?cation for Food Aid Grant Agreements, April, 2005,? Attachment D, which is attached hereto and made a part of this Agreement. Item Compliance with Debarment and Suspension and Drug-Free Workplace requirements The Cooperating Sponsor agrees to comply with the applicable provisions of 7 C.F.R. part 3017, Government-wide Debarment and Suspension (Nonprocurernent), and 7 C.F.R. part 3021, Government-wide Requirements for Drug?Free Workplace (Financial Assistance). 6 PART FINAL PROVISIONS A. This Agreement may be terminated by either party for any reason by notice of termination, in writing, to the other party. B. This Agreement shall enter into force upon signature. In witness whereof, the respective representatives, duly authorized for the purpose, have signed the Agreement. FOR THE GOVERNMENT OF FORAPLANET AID, INC. THE UNITED STATES OF AMERICA Title: Title: Acting General Sales Manager President and Acting Vice President, Commodity Credit Corporation Date: Date: ATTACHMENT A PLAN OF OPERATION FOOD FOR PROGRESS FY 2009 1. NAME AND ADDRESS OF APPLICANT Planet Aid Inc. One Cross Street Hollistona MA 01746 Marie Lichtenberg Planet Aid Inc_., and I-Iumana People to People 1nariel?chembada.co.zw cell: +27~73 2005690 cell: +1 202 386 2128 2. COUNTRY OF DONATION The Republic of Malawi Contact at US. I~Ieadquarters Ms. Ester Neltrup President, Planet Aid, Inc. E-mail: eneltrquDplanetaidorg Cell: 1-703?447?0335 Contact in Malawi: Mrs. Lisbeth Thomsen Director, Development Aid from People to People in Malawi, Private Bag 342, Chichiri, Blantyre 3 Malawi Phone: 265?996-0306 E?mail: 3. and 4. KIND AND QUANTITY OF COMMODITIES REQUESTED AND DELIVERY SCHEDULE Table I Commodity Use of Quantity Requested Supply Period Commodity Metric Package Size to US. Port Tons (MT) Hard Red Monetization 103000 Bulk (bags, June 2009 Spring/DNS 10,000 needles and June 2010 10,000 twine) June 2011 Total 30,000 The Commodity Credit Corporation will not deliver the commodities to PAI until PAI noti?es in writing, that has entered into a contract(s) with a buyer(s) for the sale of the commodities. 5. PROGRAM DESCRIPTION Activity Objectives PAI will monetize 30,000 MT of hard red spring wheat and, over a period of approximately three years, use the proceeds from such sale to implement the following activities in Malawi: 0 Expand Existing Farmers Clubs to complete an already established training program, deveIOp market linkages and achieve greater sustainability 0 Establish and Support New Farmers Clubs to increase farm income through training in agricultural production and marketing and through provision of small agribusiness grants a Support Total Control of the Epidemic (TCE) Program to promote behavior modi?cation and reduce the spread of 0 Provide Teacher Training to prepare teachers to work in rural primary schools 0 Construct and Establish a New Teacher Training College to serve as a learning and a boarding school Method of Choosing Beneficiaries PM will select six geographic areas within two regions of Malawi to carry out its activities under this agreement by using information from the following sources: Information assessments in consultation with local non-governmental organizations (NGOs) in Malawi Official Malawi government statistics Existing presence and infrastructure of development aid projects operated by NGOS in Malawi The targeted areas are: Chiradzulu District, Southern Region Blantyre Rural District, Southern Region Zomba District, Southern Region South West Division, Blantyre Rural, Southern Region Shire Highlands Division, Southern Region Lilongwe District, Central Region. Central East Educational Division, Dowa District PAT staff will select the most needy families, individuals or communities for participation. For specific activities, PAI will give priority to those who meet the following criteria: New Farmers Clubs 6 Those who have access to land a Have demonstrated a desire to commit to the requirements of Farmers Clubs Are willing to work collaboratively with other farming families Teacher Training 9 Have committed to work in rural areas for a minimum of 2 years after graduation 0 Have satisfactory skills in reading and writing a Have completed 12 years in school (C) Program Administration PAI will dedicate four staff personnel from Development Aid from People to People (DAPP)/Malawi and three headquarters staff personnel to implement this agreement. Activity Budgets PAI, through DAPP, has obtained a commitment from The Ministry of Education of Malawi and other partners to fund approximately 40 percent of the total training costs for the primary school teachers, or approximately $1,700,000. through DAPP, has obtained a commitment from The Ministry of Foreign Affairs of Finland to contribute approximately $600,000 towards construction and equipment of the new teacher training college. The National AIDS Commission of Malawi may contribute to the operation of the TCE program by funding the field testing elements of TCE. All other costs not covered by resources provided by the will be borne by PAI. Recipient Agency will select one or more recipient agencies (RAs) from among local organization(s) that have the following: 0 Experience operating in the targeted region; I Experience in working with PAT 0 Demonstrated experience in agricultural and rural empowerment projects; and 0 Demonstrated management experience in handling financial matters. PAI will enter into an agreement with each RA selected that will de?ne the responsibilities of both parties. PAI will consult with prior to the selection of any RA and provide a copy of each signed RA agreement to Governmental or Non-governmental Entities PM will work directly with following entities: 0 Malawi National AIDS Commission 6 Malawi Ministry of Education 0 Ministry of Agriculture and Food Security Method of Educating Consumers will publish noti?cations in local newspapers to highlight its programs in the country. The United States Department of Agriculture (USDA) will be identi?ed as the funding source of the project in these publications. In activities conducted under this agreement, PAI will notify participants that USDA provided funds for the program. In addition, PAI will recognize USDA in all printed materials produced by the program with USDA resources. Criteria for Measuring Progress Anticipated monetization completion date: August 31, 2011 Anticipated activity completion date: December 31, 2012 Table Ii i2,000 Farmers Outputs: install 500 rope pumps Carry out 360 farming workshops Plant 4 million tree seedlings Provide livestock as pass?on grants Provide health and hygiene education Outcomes: 240 existing demonstration tieids have been sustained 75 percent of farmers and their families are food secure - 80 percent of farmers have improved market linkages 70 percent of farmers have access to water for drinking 40 percent of farmers have access to water for irrigation 70 percent of farmers have improved farming techniques 80 percent of farmers engaged in environmentally friendly practices 75 percent of farmers engaged in animal husbandry 75 percent of farmers have increased knowiedge about basic health and have improved nutrition and hygiene Expand Existing Farmers Clubs Activity Objectives Type and Number of Bene?ciaries Progress Measures Establish and Support New Farmers Clubs 6,000 Farmers Outputs: Establish 120 model ?elds Provide training in farm management and economy Carry out 720 farming workshops install 532 irrigation wells and rope pumps Provide seeds (approximately 55 MT for project duration) Distribute 2,000 hoes Provide 1,500 pass on grants in the form of iive stock Outcomes: 75 percent of farmers are growing one acre of food for consumption and have a garden for vegetabic production 40 percent increase in income for participating farmers - 60 percent of farmers have access to water for drinking - 40 percent of farmers have access to water for irrigation - 80 percent of?farmers practicing environmentally friendly farming methods 50 percent increase in number of people engaged in animat husbandry Support Total Control ofthe Epidemic (TCE) - 300000 Family Members Outputs: - Provide and AIDS counseling for behavior change - Refer people to existing voluntary counseling and testing services Refer pregnant women to Prevention of Mother to Child Treatment Programs Establish 316 gardens with vegetables and nutritional herbs for those living with Outcomes: - 70 percent of recipients have increased knowledge about prevention practices - 60 percent of the program recipients have made an individual risk- reduction plan 60 percent increase in number of people having access to Voluntary Counseling and Testing - 50 percent increase in number of women receiving assistance to prevent transmission of HIV to their child - 60 percent of the people in the operational areas have improved their nutritional status Activity Objectives Type and Number of Bene?ciaries Progress Measures Provide Teacher Training - 600 Student Teachers 4000 Community Members Outputs: - Train students as primary school teachers - Develop model gardens at existing teacher training colleges Develop teacher training program and curriculum to tit changing needs improve and expand infrastructure facilities of existing DAPP colleges Outcomes: - 85 percent of students graduate and become full time, highly quali?ed teachers in rural areas - 60,000 chiidren received lessons from student teachers - The teacher training colleges supply l5 percent of vegetables consumed at the cotleges Construct and Establish a New Teacher Training College - 250 Student teachers - 1.000 Community Members Outputs: - One new teacher training college constructed and equipped Outcomes: - Improved capacity ot?Malawi?s cdueatirmal system 250 morejobs added to local economy during the construction period 125 teachers wiil graduate each year Total Number of Bene?ciaries - i8,000 armors - 300,000 Family Members - 600 Student Teachers - 250 Student ?l"eachers - 5,000 Community Members 6. USE OF FUNDS OR GOODS AND SERVICES GENERATED Quantity and Type of Commodities to be Sold or Bartered Table Commodity Amount to he Monetized (MT) Hard Red 30,000 Spring/DNS Total 30,000 Impact on Other Sales has provided suf?cient documentation for to conclude that any sale or barter of the commodities to be supplied under this Agreement would not displace or interfere with any sales of like commodities that may otherwise be made within Malawi. Amount of Sales Proceeds Anticipated Table IV Amount to be Estimated Sales Estimated COmmOdity Sold (MTS) Price Per Ton Proceeds Hard red spring/DNS 30,000. $350 $10,500,000 Anticipated Interest 10,500 Total 30,000 $10,510,500 Private Sector Participation in the Sale of Commodities will sell the commodities through a negotiated sales methodology. PAI surveyed the market and determined that a negotiated sale would ensure the most favorable price. will keep the local Embassy informed throughout the sales process. Anticipated Use of Sales Proceeds Subject to Part 11, Item 11, Paragraph C, PAI will use proceeds as set forth in the following table and in Attachment C: Table Activities Estimated Dollar Amount of Proceeds Expand Existing Farmers Clubs $2,068,000 Establish and Support New Farmers Clubs $1,497,600 Support Total Control of the Epidemic (TCE) Program $1,655,000 Provide Teacher Training $2,171,900 Construct and Establish a New Teacher Training College $3,1 18,000 Total $10,510,500 If actual proceeds differ from the anticipated amount or PAI uses less than the total amount that is specified in Attachment under ?Grand Total Costs? approved for monetization proceeds, PAI will increase or reduce the amount of proceeds allocated to one or more of the activities listed in the table above and make necessary adjustments to any indirect costs associated with such activity. Expand Existing Farmers Clubs PAI will use proceeds to sustain the progress made with existing farmer clubs established under PAl?s previous agreement with USDA by conducting training workshops that will further develop farming techniques, expand irrigation access to ensure higher yield, develop environmentally friendly farming practices, and improve market linkages to ensure sustainability. In addition, PAT will install rope pumps, plant tree seedlings, provide livestock in the form of grants, and provide training in health and hygiene education. Establish New Farmers Clubs PAI will organize farmers into new farmers clubs. PAI will conduct workshops to train new club members in farm management and economics in order to develop their basic skills in agricultural production to increase crop yields/production, product quality, and farmer incomes. will also establish model ?elds, install irrigation wells and rope pumps, provide seeds, distribute hoes, and provide livestock in the form of grants to recipients. Support Total Control of the Epidemic (TCE) Program PAI will, through its RA, allocate funds to initiate and operate an HIV~education and mobilization program, aimed at behavior change and referred to as the TCE program. The TCE systematic approach to behavior change aims to reach every single person in a speci?c geographical area and will include recruiting and training of ?eld of?cers for each of the target areas. The ?eld of?cer will visit homes, schools and workplaces. The ?eld of?cers will talk, listen, answer any questions, facilitate decisions about safe sexual behavior and will mobilize people to become volunteers in educating others as to what is, how to prevent it, and to teach coping mechanisms. Additionally, the ?eld of?cers will train peer educators (Passionates), refer people to health services for voluntary counseling and testing, educate in the prevention of mother to child transmission, and develop vegetable gardens to improve the nutritional status of those living with Provide Teacher Training PAI will allocate proceeds to train teachers at existing Teacher Training Colleges. The trained teachers will work in rural primary schools and provide instruction in core subjects. Teachers will also participate in specialized courses in small business development, health, women?s advocacy or community leadership. The teacher training curriculum will include a component of business skills and the importance of economic development through agriculture. PAT will also allocate proceeds to supervise, develop and promote the teacher training program. Additionally, PAI will allocate proceeds to improve infrastructure and equipment at existing teacher training colleges. Construct and Establish a New Teacher Training College PAI will use proceeds to construct and equip one new teacher training college located in the Central East Educational Division. The teacher training college will serve as a learning institute and a boarding school. (0 Procedures for Assuring Receipt and Deposit of Sale Proceeds PAI will sell the commodities on terms that. require the payment to be through an irrevocable letter of credit, or secured by either a bank guarantee or another form of payment through a reputable bank in sound ?nancial condition. PAI will immediately deposit the funds into the account of a bank in sound ?nancial condition. The account will be interest bearing unless agrees to otherwise in writing. An apprOpriate official ofPAl will supervise such account and must approve all disbursements from the account. PM will maintain full accounting of all funds under the agreement. DISTRIBUTION METHODS Description of Transportation and Storage will nominate a freight agent in the United States to arrange for delivery of the commodities to Malawi. PAI intends that the commodities initially be delivered to the Port ofBeira. The port is fully adequate to meet the needs of vessel harboring and discharge of the donated commodities. PAI will make appropriate arrangements for customs clearance, internal transportation and storage. Description of Any Reprocessing or Repackaging PAI intends that there will be no reprocessing?or repackaging of the commodities. lfit later determines that reprocessing or repackaging of the commodities is necessary, will inform Logistics Plan PAI has provided sufficient documentation for to conclude that the port, transportation, storage and warehouse facilities in Mozambique and Malawi are adequate to handle the flow of commodities to recipients without undue spoilage or waste. 8. DUTY FREE ENTRY will provide in its sale contract(s) that the buyer(s) will be responsible for the payment of any duties or taxes imposed on the commodities. 9. ECONOMIC IMPACT PAI has provided suf?cient documentation for to conclude that the commodities to be supplied under this Agreement can be imported and distributed without a disruptive impact upon production, prices and marketing of the same or like products within Malawi. ATTACHEMENT HARD RED SPRING (Dark Northern Spring/Northern Spring Wheat) COMMODITY FACT SHEET 1. Class Hard Red Spring 2. Subclass Dark Northern Spring 3. Grade US. No 2/ob 4. Protein (Min): 13.5% 5. Moisture (Max): 13.5% 6. Dockage (Max): 0.6% 7. Test weight lbs/bu (Min): 57 8. Falling Number (Min): 300 9. Wheat of Other Classes (Max): 3.0% 10. Total Defects (Max): 1/ 3.5% 1/ Includes damaged kernels, foreign material and shrunken broken kernels PACKAGING Bulk or bagged shipment. The bags shall be of 50?kilogram woven polypropylene fabric and circular?woven style bags. Source: 2005 (Contact 202?690?0194) Country: Malawi Planet Aid, Inc. Agreement Budget #2 2009-252 Amendment: 0 Attachment (FY 2009) Item Total Appr. Total Appr. Total Mon. USDA Approved All Funds Direct Costs: Activities $10,510,500 $0 $10,510,500 Bene?ts $0 $0 $0 Equip. Leases $0 $0 $0 Equip. Purchases $0 $0 $0 Equipment $0 $0 $0 Of?ce $0 $0 $0 Of?ce US HQ $0 $0 $0 Prof. Services $0 $442,000 $442,000 Salaries $0 $337,194 $337,194 Travel $0 $11,669 $1 1,669 ITSH $0 $0 $0 TOTAL DIRECT COSTS: $10,510,500 $790,863 $11,301,363 TOTAL INDIRECT $0 $1,112,054 $1,112,054 COSTS: GRAND TOTAL COSTS: $10,510,500 $1,902,917 $12,413,417 ATTACHMENT 1) FOREIGN AGRICULTURAL SERVICE TERRORIST FINANCING CERTIFICATION FOR FOOD AID GRANT AGREEMENTS, APRIL, 2005 l. The Cooperating Sponsor, to the best of its current knowledge, certi?es that it did not provide, within the previous ten "years, and will take all reasonable steps to ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as herein de?ned. For the purposes ofthis certi?cation: a. ?Material support and resources? means currency or monetary instruments or ?nancial securities, ?nancial services, lodging, training, expert advice or assistance, safehouses, false documentation or identi?cation, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. b. ?Terrorist act? means? an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: or (ii) an act of premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; or any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act. c. ?Entity? means a partnership, association, corporation, or other organization, group or subgroup. It. The following steps may enable the Cooperating Sponsor to comply with its obligations under paragraph I, above: a. Before providing any material support or resources to an individual or entity, the Cooperating Sponsor will verify that the individual or entity does not appear on the master list of Specially Designated Nationals and Blocked Persons, which list is maintained by the US. Treasury?s Office of Foreign Assets Control (OFAC) and is available online at website: (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by Commodity Credit Corporation or the United States Department of Agriculture to the Cooperating Sponsor; and has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the ?1267 Committee?) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al Qaida Organization] by referring to the consolidated list available online at the Committee?s website: b. Before providing any material support or resources to an individual or entity, the Cooperating Sponsor will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware. c. The Cooperating Sponsor will also implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity. 111. References in this Financing Certification to the provision of material support and resources shall not be deemed to include the furnishing of funds or commodities to the ultimate beneficiaries of assistance, such as recipients of food, medical care, micro~ enterprise loans, shelter, etc., unless the Cooperating Sponsor has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts. IV. The Cooperating Sponsor?s obligations under paragraph I are not applicable to the procurement of goods or services by the Cooperating Sponsor that are acquired in the ordinary course of business through contract or purchase, utilities, rents, office supplies, gasoline, etc, unless the Cooperating Sponsor has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.