US embassy cable - 05AMMAN5723

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