Government Assurances. The Government hereby provides the following assurances to MCC that as of the date this Compact is signed:
(a) The information contained in the Proposal and any agreement, report, statement, communication, document or otherwise delivered or otherwise communicated to MCC by or on behalf of the Government on or after the date of the submission of the Proposal (i) are true, correct and complete in all material respects and (ii) do not omit any fact known to the Government that if disclosed would (1) alter in any material respect the information delivered,
Government Assurances. The Government assures MCC that, as of the date this Compact is signed by the Government, the information provided to MCC by or on behalf of the Government in the course of reaching agreement with MCC on this Compact is true, correct and complete in all material respects.
Government Assurances. The U.S. government has given the EU written assurance that any access by public authorities for national security purposes will be subject to defined limitations, safeguards, and supervision. An Ombudsperson within the Department of Commerce—independent from the national security agencies—will be appointed through whom EU citizens will be able to submit complaints or inquiries regarding possible access to personal information by U.S. intelligence services. Additionally, under the Judicial Redress Act, EU citizens will have access to U.S. courts to enforce privacy rights related to the transfer of personal information to the U.S. for law enforcement purposes. Because the Privacy Shield has not yet been adopted, U.S. companies that received personal data of EU citizens under the Safe Harbor will need to use alternative mechanisms to comply with data sharing requirements of the Data Protection Directive 95/96/EC (“Directive”). The Directive regulates the export of personal data outside of the European Economic Area (“EEA”) and prohibits EU companies from transferring personal data to companies outside the EEA unless those companies ensure adequate protection for the data (such as under the Privacy Shield). The Directive is implemented through the local laws of the Member States. The relevant DPA could, if it sees fit, launch enforcement actions against companies that have not implemented alternative, compliant data transfer mechanisms. A U.S. company can continue receiving personal data by entering into certain standard forms of contracts known as EU Model Clauses or adopting so-called Binding Corporate Rules. Failure to comply with the Directive could result in the relevant DPA imposing monetary fines and sanctions, such as prohibiting future transfers of personal information (because the Directives are implemented through the laws of the Member States, the privacy laws of the Member State from which the data will be exported should be consulted).
Government Assurances. The Government assures MCC that:
(a) as of the date this Compact is signed by the Government, the information provided to MCC by or on behalf of the Government in the course of reaching agreement with MCC on this Compact is true, correct and complete in all material respects;
(b) this Compact does not, and will not, conflict with any other international agreement or obligation of the Government or any of the laws of Lesotho; and
(c) the Government will not invoke any of the provisions of its internal law to justify or excuse a failure to perform its duties or responsibilities under this Compact.
Government Assurances. The Government hereby provides the following assurances to MCC that as of the date this Compact is signed:
(a) The information contained in the Proposal and any agreement, report, statement, communication, document or otherwise delivered or communicated to MCC by or on behalf of the Government on or after the date of the submission of the Proposal (i) are true, correct and complete in all material respects and (ii) do not omit any fact known to the Government that if disclosed would (A) alter in any material respect the information delivered, (B) likely have a material adverse effect on the Government’s ability to implement effectively, or ensure the effective implementation of, the Program or any Project or otherwise to carry out its responsibilities or obligations under or in furtherance of this Compact, or (C) have likely adversely affected MCC’s determination to enter into this Compact or any Supplemental Agreement.
(b) Unless otherwise disclosed in writing to MCC, the MCC Funding made available hereunder is in addition to the normal and expected resources that the Government usually receives or budgets for the activities contemplated herein from external or domestic sources.
(c) This Compact does not conflict and will not conflict with any international agreement or obligation to which the Government is a party or by which it is bound.
(d) No payments have been (i) received by any official of the Government or any other Governmental Affiliate in connection with the procurement of goods, services or works to be undertaken or funded in whole or in part (directly or indirectly) by MCC Funding, except fees, taxes, or similar payments legally established in the Republic of El Salvador (subject to Section 2.3(e)) and consistent with the applicable requirement of the laws of El Salvador, or (ii) made to any third party, in connection with or in furtherance of this Compact, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. 78a et seq.).
Government Assurances. The Government assures MCC that:
(a) as of the date this Compact is signed by the Government, the information provided to MCC by or on behalf of the Government in the course of reaching agreement with MCC on this Compact is true, correct and complete in all material respects;
(b) this Compact does not, and will not, conflict with any other international agreement or obligation of the Government or any of the laws of Burkina Faso; and
(c) the Government will not invoke any of the provisions of its internal law to justify or excuse a failure to perform its duties or responsibilities under this Compact.
Government Assurances. The assurances in paragraphs (a) through (d) of Section 3.4 of the Compact are true, correct and complete in all material respects as if made by the Government herein.
Government Assurances. The Government assures MCC that:
(a) as of the date this Compact is signed by the Government, the information provided to MCC by or on behalf of the Government in the course of reaching agreement with MCC on this Compact is true, correct and complete in all material respects;
(b) this Compact does not, and will not, conflict with any other international agreement or obligation of the Government or any of the laws of Mozambique; and
(c) the Government will not invoke any of the provisions of its internal law to justify or excuse a failure to perform its duties or responsibilities under this Compact.
Government Assurances. The U.S. government has given the EU written assurance that any access by public authorities for national security purposes will be subject to defined limitations, safeguards, and supervision. An Ombudsperson within the Department of Commerce—independent from the national security agencies—will be appointed through whom EU citizens will be able to submit complaints or inquiries regarding possible access to personal information by U.S. intelligence services. Additionally, under the Judicial Redress Act, EU citizens will have access to U.S. courts to enforce privacy rights related to the transfer of personal information to the U.S. for law enforcement purposes.
Government Assurances. The Government assures MCC that:
(a) as of the date this Compact is signed by the Government, the information provided to MCC by or on behalf of the Government in the course of reaching agreement with MCC on this Compact is true, correct and complete in all material respects;
(b) this Compact does not, and will not, conflict with any other international agreement or obligation of the Government or any of the laws of Mongolia; and
(c) the Government shall not invoke any of the provisions of its internal law to justify or excuse a failure to perform its duties or responsibilities under this Compact.
