Identifier
Created
Classification
Origin
05AMMAN5723
2005-07-18 13:35:00
UNCLASSIFIED
Embassy Amman
Cable title:  

UNRWA'S FORMAL RESPONSE TO DEMARCHE PREVENTING UN

Tags:  KPAL PREF PTER XF UNRWA UN 
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UNCLAS AMMAN 005723

SIPDIS

DEPT. FOR IO, PRM AND NEA

E.O. 12958: N/A
TAGS: KPAL PREF PTER XF UNRWA UN
SUBJECT: UNRWA'S FORMAL RESPONSE TO DEMARCHE PREVENTING UN
CONTRACTS WITH TERROR ORGANIZATIONS

REF: A. AMMAN 5286

B. STATE 118455

UNRWA delivered on July 13 its formal response to ref B
demarche, outlining the need to establish safeguards to
prevent the UN entering into contractual relationships with
organizations on the U.S. Treasury list. The text of the
letter follows.

BEGIN TEXT:

13 July 2005

Dear Mr. Hale,

Thank you for your letter of 26 June 2005, sent to us by
facsimile on 28 June 2005. The Agency, as you may know, has
long been concerned with its responsibility to avoid
contractual or financial relationships between UNRWA and
terrorists or terrorist organizations.

In September 2002 the Agency added to its general conditions
of contract the following provisions:

Contractors Representation and Warranty

The Contractor ("Supplier" for procurement of goods)
represents and warrants that neither it nor any of its
suppliers is engaged in any transactions with, and/or the
provision of resources and support to, individuals and
organizations associated with, receiving any type of training
for, or engaged in, any act or offense described in Article
2, Sections 1, 3, 4 and 5 of the International Convention for
the Suppression of the Financing of Terrorism adopted by the
General Assembly of the United Nations in Resolution 54/109
of 9 December 1999. Any breach of this representation and
warranty shall entitle UNRWA to terminate this contract
immediately upon notice to the Contractor ("Supplier" for
procurement of goods),at no cost to UNRWA.

In the past, we have believed that the likelihood of the
Agency becoming involved with international terrorist
organizations that appear on the lists of the UN 1267
Sanctions Committee was minimal, due to the nature of the
Agency's contracting. Still, out of an abundance of caution,
and for the reasons you have set forth in your letter, we
consider your suggestion that the Agency compare the names of
its contractors with the names on the lists of the UN 1267
Sanctions Committee a good one, and we are proceeding to
undertake this task. The number of names on the 1267
Sanctions Committee lists (currently 442) represents a
consensus of the international community, which we believe
the Agency should observe.

The suggestion that the Agency should deal in a similar
manner with the lists created by the United States Treasury
we understand has been made to a number of United Nations
agencies. We have been informed, therefore, that the matter
is being reviewed by the United Nations Legal Counsel, M.
Nicolas Michel, in New York. Once we receive advice from UN
Headquarters, I shall write you again.

Mr. David Hale
Charge d'Affairs, a.i.
Embassy of the United States of America
Amman, Jordan

Lastly, as you have requested, I assure you that the Agency
will inform you if, despite its efforts, it learns that it
has entered into a contractual or financial relationship with
any terrorist or terrorist organization.

Very truly yours,

Karen Koning AbuZayd
Commissioner-General

END TEXT


HALE