7 C.F.R. § 1493.60

Current through March 31, 2024
Section 1493.60 - Certifications required for program participation
(a) When making the statement required by §§ 1493.30(a)(7) , 1493.40(a)(9) , or 1493.50(a)(6) , each Exporter, U.S. Financial Institution and Foreign Financial Institution applicant for program participation is certifying that, to the best of its knowledge and belief:
(1) The applicant and any of its principals (as defined in 2 CFR 180.995 ) are not presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from covered transactions by any U.S. Federal department or agency;
(2) The applicant and any of its principals (as defined in 2 CFR 180.995 ) have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) The applicant and any of its principals (as defined in 2 CFR 180.995 ) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this section;
(4) The applicant and any of its principals (as defined in 2 CFR 180.995 ) have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default;
(5) The applicant does not have any outstanding nontax debt to the United States that is in delinquent status as provided in 31 CFR 285.13 ;
(6) The applicant is not controlled by a person owing an outstanding nontax debt to the United States that is in delinquent status as provided in 31 CFR 285.13 (e.g., a corporation is not controlled by an officer, director, or shareholder who owes a debt); and
(7) The applicant does not control a person owing an outstanding nontax debt to the United States that is in delinquent status as provided in 31 CFR 285.13 (e.g., a corporation does not control a wholly-owned or partially-owned subsidiary which owes a debt).
(b)Additional certifications for U.S. and Foreign Financial Institution applicants. When making the statement required by § 1493.40(a)(9) or § 1493.50(a)(6) , each U.S. and Foreign Financial Institution applicant for program participation is certifying that, to the best of its knowledge and belief:
(1) The applicant and its Principals are in compliance with all requirements, restrictions and guidelines as established by the applicant's regulators; and
(2) All U.S. operations of the applicant and its U.S. Principals are in compliance with U.S. anti-money laundering and terrorist financing statutes including, but not limited to, the USA Patriot Act of 2001, and the Foreign Corrupt Practices Act of 1977.

7 C.F.R. §1493.60

79 FR 68596, Nov. 18, 2014, as amended at 84 FR 28186, June 18, 2019