Attachments
Institutional donors to humanitarian action, such as states and international organisations like the EU, frequently include restrictions and requirements in their funding agreements that aim to ensure that recipients of the funding comply with the counterterrorism measures and sanctions adopted by, or binding on, the donor.
One key objective of these restrictions is ensuring that funded activities do not bene!t persons or entities designated under sanctions or counterterrorism measures.
The requirements are by no means uniform. They vary from donor to donor, context by context and, frequently, also with the recipient of the funding, depending on their status — whether they are UN agencies, other international organisations or non-governmental organisations. The nature of the funded activities is also a consideration, with programmes that entail the provision of cash being more tightly regulated.
States are not under a legal obligation to fund humanitarian programmes. But if they do, they must not include provisions that are incompatible with international humanitarian law (IHL), or that prevent the recipient organisation from operating in accordance with humanitarian principles or medical ethics.
One of the most common provisions in funding agreements is a requirement to take measures to avoid that funds or other assets provided pursuant to the grant are made available directly or indirectly to designated persons or entities.