Common use of Prohibited Dealings Clause in Contracts

Prohibited Dealings. (a) The Recipient must ensure that individuals, persons, entities or organisations involved in implementing the Activity, including itself and its Personnel, are not: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individuals, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individuals, persons, entities or organisations mentioned in subsections (i) to (iv). (b) The Recipient must ensure that none of the Funds provided under this Agreement (whether through a subcontract or not) are used in any way to directly or indirectly provide support, resources or assets to individuals, persons, entities or organisations: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individuals, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individuals, persons, entities or organisations mentioned in subsections (i) to (iv). (c) If, during the Agreement Period, the Recipient becomes aware of any link whatsoever between it or its Personnel and any individual, person, entity or organisation: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individuals, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individuals, persons, entities or organisations mentioned in subsections (i) to (iv). it must inform DFAT immediately. (d) If, during the Agreement Period, the Recipient becomes aware that it, any of its Personnel or any individual, person, entity or organisation involved in implementing the Activity or otherwise involved in the Activity is: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on a World Bank List or subject to any proceedings or an informal process which could lead to them becoming so listed; (v) temporarily suspended from tendering for World Bank grants by the World Bank pending the outcome of a sanctions process or from tendering by a donor of development funding other than the World Bank; (vi) the subject of an investigation (whether formal or informal) by the World Bank or another donor of development funding; (vii) acting on behalf of, or at the direction of, individuals, persons, entities or organisations mentioned in subsections (i) to (vi); and/or (viii) owned or controlled by individuals, persons, entities or organisations mentioned in subsections (i) to (vi), the Recipient must inform DFAT immediately. (e) If, during the Agreement Period, the Recipient discovers that any or all of the Funds provided under this Agreement (whether through a subcontract or not) have been used in any way to directly or indirectly provide support, resources or assets to an individual, person, entity or organisation: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individuals, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individuals, persons, entities or organisations mentioned in subsections (i) to (iv). it must inform DFAT immediately. (f) The Recipient must have regard to the Australian Government guidance “Safeguarding your organisation against terrorism financing: a guidance for non-profit organisations”, available from the Australian Attorney-General’s Department website. (g) The Recipient warrants that the Recipient and its Personnel have not made or caused to be made, or received or sought to receive, any offer, gift or payment, consideration or benefit of any kind, which would or could be construed as an illegal or corrupt practice, either directly or indirectly to any Party, as an inducement or reward in relation to the execution of this Agreement. (h) The Recipient must not, and must ensure that its Personnel do not: (i) make or cause to be made, or receive or seek to receive, any offer, gift or payment, consideration or benefit of any kind, which would or could be construed as an illegal or corrupt practice, either directly or indirectly to any party, as an inducement or reward in relation to this Agreement; or (ii) engage in any practice that could contravene the Australian offence of bribing a foreign public official.

Prohibited Dealings. ‌ (a) The Recipient must ensure that individualsindividua ls, persons, entities or organisations involved in implementing the Activity, including itself and its Personnel, are not: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv). (b) The Recipient must ensure that none of the Funds provided under this Agreement (whether through a subcontract or not) are used in any way to directly or indirectly provide support, resources or assets to individualsindividua ls, persons, entities or organisations: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv). (c) If, during the Agreement Period, the Recipient becomes aware of any link whatsoever between it or its Personnel and any individualindividua l, person, entity or organisation: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv). it must inform DFAT immediately. (d) If, during the Agreement Period, the Recipient becomes aware that it, any of its Personnel or any individual, person, entity or organisation involved in implementing the Activity or otherwise involved in the Activity is: (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on a World Bank List or subject to any proceedings or an informal process which could lead to them becoming so listed; (v) temporarily suspended from tendering for World Bank grants by the World Bank pending the outcome of a sanctions process or from tendering by a donor of development funding other than the World Bank; (vi) the subject of an investigation (whether formal or informal) by the World Bank or another donor of development funding; (vii) acting on behalf of, or at the direction of, individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (vi); and/or (viii) owned or controlled by individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (vi), the Recipient must inform DFAT immediately. (e) If, during the Agreement Period, the Recipient discovers that any or all of the Funds provided under this Agreement (whether through a subcontract or not) have been used in any way to directly or indirectly provide support, resources or assets to an individual, person, entity or organisation:) (i) directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; (ii) listed on the Criminal Code Act List; (iii) listed on the Sanctions List; (iv) listed on the World Bank List; (v) acting on behalf of, or at the direction of, individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv); and/or (vi) owned or controlled by individualsindividua ls, persons, entities or organisations mentioned in subsections (i) to (iv). it must inform DFAT immediately. (f) The Recipient must have regard to the Australian Government guidance “Safeguarding your organisation against terrorism financing: a guidance for non-profit organisations”, available from the Australian Attorney-General’s Department website.guidance (g) The Recipient warrants that the Recipient and its Personnel have not made or caused to be made, or received or sought to receive, any offer, gift or payment, consideration or benefit of any kind, which would or could be construed as an illegal or corrupt practice, either directly or indirectly to any Party, as an inducement or reward in relation to the execution of this Agreement. (h) The Recipient must not, and must ensure that its Personnel do not: (i) make or cause to be made, or receive or seek to receive, any offer, gift or payment, consideration or benefit of any kind, which would or could be construed as an illegal or corrupt practice, either directly or indirectly to any party, as an inducement or reward in relation to this Agreement; or (ii) engage in any practice that could contravene the Australian offence of bribing a foreign public official.