Title: AAPD 14-04 Implementation of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003, as amended – Conscience Clause Implementation, Medically Accurate Condom Information and Opposition to Prostitution and Sex Trafficking

Subject Category: ASSISTANCE, ACQUISITION MANAGEMENT

Purpose: 

A.    Advises contracting officers (COs) and agreement officers (AOs) that ADS 302 – USAID Direct Contracting, ADS 303 – Grants and Cooperative Agreements to Non-Governmental Organizations, and ADS 308 – Awards to Public International Organizations and the relevant Mandatory Reference documents, have been updated to incorporate revised contract clauses and assistance provisions previously contained in Acquisition & Assistance Policy Directive (AAPD) 12-04 and ADS 303, including:

• Conscience Clause Implementation (February 2012);
• Condoms (September 2014) (revised from AAPD 12-04 and ADS 303); and
• Prohibitions on Promotion or Advocacy of the Legalization or Practice of Prostitution or Sex Trafficking (September 2014) (revised from AAPD 12-04 and ADS 303). 

B. Informs COs and AOs that while all contract clauses and assistance provisions have been incorporated into the relevant ADS chapters and Mandatory Reference documents, they are also provided in attachments A, B and C of this AAPD.

C. Clarifies that:

1. a U.S. non-governmental organization (NGO) that is a USAID recipient or contractor that receives funds for HIV/AIDS activities, whether a prime recipient or subrecipient, is exempt from the statutory requirement to have a policy opposing prostitution and sex trafficking;
2. a non-U.S. NGO that is a USAID recipient or contractor that receives funds for HIV/AIDS activities, whether a prime recipient or subrecipient, is subject to the statutory requirement to have a policy opposing prostitution and sex trafficking unless exempted pursuant to Sections A.4(b), B. 2.(b) and C.4(b) in Attachments A, B and C; and
3. a USAID recipient or contractor that receives funds for HIV/AIDS activities and is still subject to the statutory requirement to have a policy opposing prostitution and sex trafficking meets that requirement by signing a statement in its award that the recipient or contractor is opposed to the practices of prostitution and sex trafficking. The USAID recipient or contractor is not required to adopt a separate organizational policy opposing prostitution and sex trafficking.

D. Replaces and supersedes AAPD 12-04, in its entirety.