2909.33 Declaration regarding assistance to terrorist organization.
(A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance by which any person, company, affiliated group, or organization, or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, when required by this section, shall certify any provision of material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director of public safety and the director of budget and management shall make available on their respective department web sites and by any other means the director of public safety deems appropriate, the declaration of material assistance/nonassistance and a then-current copy of the terrorist exclusion list. The director of public safety, in consultation with the director of budget and management, may adopt rules that govern the preparation of the declaration and the distribution of the declaration and terrorist exclusion list.
(3)(a) Prior to entering into a contract to conduct business with or receive funding from any state agency, instrumentality, or political subdivision of the state any person, company, affiliated group, or organization , or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, may precertify that it has not provided material assistance to an organization on the terrorist exclusion list. The precertification this division describes shall be granted to any person, company, affiliated group, or organization that submits to the director of budget and management a completed copy of the declaration prepared pursuant to this section, with an answer of “no” to all questions. No person shall require any person, company, affiliated group, or organization that is precertified to complete any additional declarations prior to the expiration of a precertification. All precertifications expire the thirtieth day of June of the second year of each state biennium period. To be precertified during the two years subsequent to that expiration date, an entity shall submit a new declaration to the director of budget and management pursuant to rules the director adopts.
(b) Any person, company, affiliated group, or organization that is precertified pursuant to this division and that takes any action or learns of anything that would result in an answer of “yes” to any question on the declaration of material assistance/nonassistance this division requires, shall cease to represent that it is precertified and, within thirty days of taking that action or learning the new information, shall notify the director of budget and management to request its precertification be rescinded.
(c) When applying for a contract, falsely representing precertification, or representing precertification when that precertification has been rescinded or should have been rescinded pursuant to this division, is a felony of the fifth degree.
(B) Any person who submits a declaration of material assistance/nonassistance pursuant to this section shall complete the entire declaration. Any answer of “yes” to any question, or the failure to answer “no” to any question, on the declaration shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C) (1) Except as otherwise provided in divisions (C)(2) and (H) of this section, prior to entering into a contract with any state agency, instrumentality, or political subdivision to conduct business or receive funding, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall certify that it does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification shall be made by completing and submitting the declaration of material assistance/nonassistance as described in division (A) of this section.
(2) Certification pursuant to this division shall not be required unless the entity entering into a contract for business or funding has received, or will have received as a result of the pending contract, an aggregate amount greater than one hundred thousand dollars in business or funding, excluding the amount of any personal benefit, from the state, instrumentalities, and political subdivisions during the current fiscal year, measured from the first day of July until the thirtieth day of June.
(D)(1) No state agency, instrumentality , or political subdivision shall conduct business with or provide any funding to any person, company, affiliated group or organization, or any person who has a controlling interest in a company, affiliated group, or organization unless that person, company, affiliated group, or organization is certified as this section requires.
(2) No person, company, affiliated group or organization, or any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall enter into a contract to conduct business with or receive funding from the state, an agency or instrumentality of the state, or a political subdivision of the state unless it is certified as this section requires.
(E) For the purposes of this section, the office of budget and management shall be the repository for all declarations received pursuant to division (A)(3)(a) of this section and the director of budget and management shall maintain a centralized database of all such declarations received. If a person, company, affiliated group, or organization discloses the provision of material assistance to an organization listed on the terrorist exclusion list, within three business days of that disclosure, the director shall send the declarant a written notice of prohibition against doing business or receiving funding. The notice shall inform the declarant of the right to a review of the prohibition by the department of public safety if the declarant requests that review within sixty days after the notice of prohibition was mailed. The director shall send copy of any notice sent pursuant to this division to the department of public safety.
The department of public safety shall review any prohibition within thirty days of the receipt of a request for a review and determine whether the prohibitions against doing business or receiving funding set forth in divisions (D)(1) and (D)(2) of this section should apply. The department of public safety shall order that the prohibitions do not apply if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person, company, affiliated group, or organization will provide material assistance to any organization on the terrorist exclusion list;
(3) The person, company, affiliated group, or organization does not pose a risk to the residents of this state.
(F) Any person, company, affiliated group, or organization that had not provided material assistance at the time a declaration of material assistance/nonassistance was answered, but starts providing material assistance to an organization on the terrorist exclusion list during the course of doing business with or receiving funding from the state, an agency or instrumentality of the state, or a subdivision of the state, is prohibited from entering into additional contracts to do business with or receive funding from the state, any agency or instrumentality, or any subdivision for a period of ten years after the provision of material assistance is discovered.
(G)(1) Any person, company, affiliated group, or organization that knowingly provides a false certification pursuant to this section is permanently banned from conducting business with or receiving funding from the state, an agency or instrumentality of the state, or a political subdivision of the state is guilty of a felony of the fifth degree.
(2) Any person, company, affiliated group, or organization that fails to certify as this section requires is subject to a fine of one thousand dollars for each day of doing business or receiving funding, except that any person, company, affiliated group, or organization that first reaches the threshold of one hundred thousand dollars in business or funding, due to the contract that it is entering into, shall not be subject to the fine for the first thirty days after entering into that contract, after which it shall be subject to the fine for each day that it is not certified.
(H) This section does not apply to the following types of transactions:
(1) An investment in a company that is publicly traded in any United States market;
(2) An investment that is traded on a foreign market where United States investors regularly make investments;
(3) An investment that is made through an agent or investment manager who has a fiduciary responsibility to the investor;
(4) An investment in public agency debt;
(5) An investment in derivatives that are regulated by a government agency;
(6) Financial services provided by or through either of the following:
(a) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law or any subsidiary of such a depository institution;
(b) An affiliate of a depository institution described in division (H)(6)(a) of this section, other than an affiliate that is a subsidiary of the depository institution, when the affiliate is subject to anti-money laundering and antiterrorism requirements under federal law.
“Financial services” include, but are not limited to, services related to currency, payment instruments, other financial securities, funds, and transfer of funds;
(7) Any contract to conduct business or receive funding between state agencies, instrumentalities, or political subdivisions of the state;
(8) Any person, company, affiliated group, or organization providing necessary, nonelective healthcare services.
(I) As used in this section, “personal benefit” means all of the following:
(1) Pensions and disability and survivor benefits;
(2) Money, goods, services, or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled by reason of age, medical condition, or a financial need that is established pursuant to an act of congress or the general assembly;
(3) Salary or compensation a person receives as an employee of the state or a political subdivision of the state.
2909.33 Declaration regarding assistance to terrorist organization.
(A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance by which any person, company, affiliated group, or organization, or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, when required by this section, shall certify any provision of material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director of public safety and the director of budget and management shall make available on their respective department web sites and by any other means the director of public safety deems appropriate, the declaration of material assistance/nonassistance and a then-current copy of the terrorist exclusion list. The director of public safety, in consultation with the director of budget and management, may adopt rules that govern the preparation of the declaration and the distribution of the declaration and terrorist exclusion list.
(3)(a) Prior to entering into a contract to conduct business with or receive funding from any state agency, instrumentality, or political subdivision of the state any person, company, affiliated group, or organization , or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, may precertify that it has not provided material assistance to an organization on the terrorist exclusion list. The precertification this division describes shall be granted to any person, company, affiliated group, or organization that submits to the director of budget and management a completed copy of the declaration prepared pursuant to this section, with an answer of “no” to all questions. No person shall require any person, company, affiliated group, or organization that is precertified to complete any additional declarations prior to the expiration of a precertification. All precertifications expire the thirtieth day of June of the second year of each state biennium period. To be precertified during the two years subsequent to that expiration date, an entity shall submit a new declaration to the director of budget and management pursuant to rules the director adopts.
(b) Any person, company, affiliated group, or organization that is precertified pursuant to this division and that takes any action or learns of anything that would result in an answer of “yes” to any question on the declaration of material assistance/nonassistance this division requires, shall cease to represent that it is precertified and, within thirty days of taking that action or learning the new information, shall notify the director of budget and management to request its precertification be rescinded.
(c) When applying for a contract, falsely representing precertification, or representing precertification when that precertification has been rescinded or should have been rescinded pursuant to this division, is a felony of the fifth degree.
(B) Any person who submits a declaration of material assistance/nonassistance pursuant to this section shall complete the entire declaration. Any answer of “yes” to any question, or the failure to answer “no” to any question, on the declaration shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C) (1) Except as otherwise provided in divisions (C)(2) and (H) of this section, prior to entering into a contract with any state agency, instrumentality, or political subdivision to conduct business or receive funding, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall certify that it does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification shall be made by completing and submitting the declaration of material assistance/nonassistance as described in division (A) of this section.
(2) Certification pursuant to this division shall not be required unless the entity entering into a contract for business or funding has received, or will have received as a result of the pending contract, an aggregate amount greater than one hundred thousand dollars in business or funding, excluding the amount of any personal benefit, from the state, instrumentalities, and political subdivisions during the current fiscal year, measured from the first day of July until the thirtieth day of June.
(D)(1) No state agency, instrumentality , or political subdivision shall conduct business with or provide any funding to any person, company, affiliated group or organization, or any person who has a controlling interest in a company, affiliated group, or organization unless that person, company, affiliated group, or organization is certified as this section requires.
(2) No person, company, affiliated group or organization, or any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall enter into a contract to conduct business with or receive funding from the state, an agency or instrumentality of the state, or a political subdivision of the state unless it is certified as this section requires.
(E) For the purposes of this section, the office of budget and management shall be the repository for all declarations received pursuant to division (A)(3)(a) of this section and the director of budget and management shall maintain a centralized database of all such declarations received. If a person, company, affiliated group, or organization discloses the provision of material assistance to an organization listed on the terrorist exclusion list, within three business days of that disclosure, the director shall send the declarant a written notice of prohibition against doing business or receiving funding. The notice shall inform the declarant of the right to a review of the prohibition by the department of public safety if the declarant requests that review within sixty days after the notice of prohibition was mailed. The director shall send copy of any notice sent pursuant to this division to the department of public safety.
The department of public safety shall review any prohibition within thirty days of the receipt of a request for a review and determine whether the prohibitions against doing business or receiving funding set forth in divisions (D)(1) and (D)(2) of this section should apply. The department of public safety shall order that the prohibitions do not apply if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person, company, affiliated group, or organization will provide material assistance to any organization on the terrorist exclusion list;
(3) The person, company, affiliated group, or organization does not pose a risk to the residents of this state.
(F) Any person, company, affiliated group, or organization that had not provided material assistance at the time a declaration of material assistance/nonassistance was answered, but starts providing material assistance to an organization on the terrorist exclusion list during the course of doing business with or receiving funding from the state, an agency or instrumentality of the state, or a subdivision of the state, is prohibited from entering into additional contracts to do business with or receive funding from the state, any agency or instrumentality, or any subdivision for a period of ten years after the provision of material assistance is discovered.
(G)(1) Any person, company, affiliated group, or organization that knowingly provides a false certification pursuant to this section is permanently banned from conducting business with or receiving funding from the state, an agency or instrumentality of the state, or a political subdivision of the state is guilty of a felony of the fifth degree.
(2) Any person, company, affiliated group, or organization that fails to certify as this section requires is subject to a fine of one thousand dollars for each day of doing business or receiving funding, except that any person, company, affiliated group, or organization that first reaches the threshold of one hundred thousand dollars in business or funding, due to the contract that it is entering into, shall not be subject to the fine for the first thirty days after entering into that contract, after which it shall be subject to the fine for each day that it is not certified.
(H) This section does not apply to the following types of transactions:
(1) An investment in a company that is publicly traded in any United States market;
(2) An investment that is traded on a foreign market where United States investors regularly make investments;
(3) An investment that is made through an agent or investment manager who has a fiduciary responsibility to the investor;
(4) An investment in public agency debt;
(5) An investment in derivatives that are regulated by a government agency;
(6) Financial services provided by or through either of the following:
(a) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law or any subsidiary of such a depository institution;
(b) An affiliate of a depository institution described in division (H)(6)(a) of this section, other than an affiliate that is a subsidiary of the depository institution, when the affiliate is subject to anti-money laundering and antiterrorism requirements under federal law.
“Financial services” include, but are not limited to, services related to currency, payment instruments, other financial securities, funds, and transfer of funds;
(7) Any contract to conduct business or receive funding between state agencies, instrumentalities, or political subdivisions of the state;
(8) Any person, company, affiliated group, or organization providing necessary, nonelective healthcare services.
(I) As used in this section, “personal benefit” means all of the following:
(1) Pensions and disability and survivor benefits;
(2) Money, goods, services, or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled by reason of age, medical condition, or a financial need that is established pursuant to an act of congress or the general assembly;
(3) Salary or compensation a person receives as an employee of the state or a political subdivision of the state.
2909.33 Declaration regarding assistance to terrorist organization.
(A)(1) The director of public safety shall prepare a document to serve as a declaration of material assistance/nonassistance by which any person, company, affiliated group, or organization, or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, when required by this section, shall certify any provision of material assistance to an organization listed on the United States department of state terrorist exclusion list. The declaration shall be substantially in the same format and of the same content as set forth in division (A)(2)(b) of section 2909.32 of the Revised Code.
(2) The director of public safety and the director of budget and management shall make available on their respective department web sites and by any other means the director of public safety deems appropriate, the declaration of material assistance/nonassistance and a then-current copy of the terrorist exclusion list. The director of public safety, in consultation with the director of budget and management, may adopt rules that govern the preparation of the declaration and the distribution of the declaration and terrorist exclusion list.
(3)(a) Prior to entering into a contract to conduct business with or receive funding from any state agency, instrumentality, or political subdivision of the state any person, company, affiliated group, or organization , or person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization, may precertify that it has not provided material assistance to an organization on the terrorist exclusion list. The precertification this division describes shall be granted to any person, company, affiliated group, or organization that submits to the director of budget and management a completed copy of the declaration prepared pursuant to this section, with an answer of “no” to all questions. No person shall require any person, company, affiliated group, or organization that is precertified to complete any additional declarations prior to the expiration of a precertification. All precertifications expire the thirtieth day of June of the second year of each state biennium period. To be precertified during the two years subsequent to that expiration date, an entity shall submit a new declaration to the director of budget and management pursuant to rules the director adopts.
(b) Any person, company, affiliated group, or organization that is precertified pursuant to this division and that takes any action or learns of anything that would result in an answer of “yes” to any question on the declaration of material assistance/nonassistance this division requires, shall cease to represent that it is precertified and, within thirty days of taking that action or learning the new information, shall notify the director of budget and management to request its precertification be rescinded.
(c) When applying for a contract, falsely representing precertification, or representing precertification when that precertification has been rescinded or should have been rescinded pursuant to this division, is a felony of the fifth degree.
(B) Any person who submits a declaration of material assistance/nonassistance pursuant to this section shall complete the entire declaration. Any answer of “yes” to any question, or the failure to answer “no” to any question, on the declaration shall serve for purposes of this section as a disclosure of the provision of material assistance to an organization that is listed on the terrorist exclusion list.
(C) (1) Except as otherwise provided in divisions (C)(2) and (H) of this section, prior to entering into a contract with any state agency, instrumentality, or political subdivision to conduct business or receive funding, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall certify that it does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification shall be made by completing and submitting the declaration of material assistance/nonassistance as described in division (A) of this section.
(2) Certification pursuant to this division shall not be required unless the entity entering into a contract for business or funding has received, or will have received as a result of the pending contract, an aggregate amount greater than one hundred thousand dollars in business or funding, excluding the amount of any personal benefit, from the state, instrumentalities, and political subdivisions during the current fiscal year, measured from the first day of July until the thirtieth day of June.
(D)(1) No state agency, instrumentality , or political subdivision shall conduct business with or provide any funding to any person, company, affiliated group or organization, or any person who has a controlling interest in a company, affiliated group, or organization unless that person, company, affiliated group, or organization is certified as this section requires.
(2) No person, company, affiliated group or organization, or any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization shall enter into a contract to conduct business with or receive funding from the state, an agency or instrumentality of the state, or a political subdivision of the state unless it is certified as this section requires.
(E) For the purposes of this section, the office of budget and management shall be the repository for all declarations received pursuant to division (A)(3)(a) of this section and the director of budget and management shall maintain a centralized database of all such declarations received. If a person, company, affiliated group, or organization discloses the provision of material assistance to an organization listed on the terrorist exclusion list, within three business days of that disclosure, the director shall send the declarant a written notice of prohibition against doing business or receiving funding. The notice shall inform the declarant of the right to a review of the prohibition by the department of public safety if the declarant requests that review within sixty days after the notice of prohibition was mailed. The director shall send copy of any notice sent pursuant to this division to the department of public safety.
The department of public safety shall review any prohibition within thirty days of the receipt of a request for a review and determine whether the prohibitions against doing business or receiving funding set forth in divisions (D)(1) and (D)(2) of this section should apply. The department of public safety shall order that the prohibitions do not apply if it determines all of the following pursuant to guidelines the director adopts by rule:
(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time the declaration of material assistance/nonassistance was filled out, or the material assistance was provided during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or would not have merited inclusion had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list.
(2) That it is unlikely in the future that the person, company, affiliated group, or organization will provide material assistance to any organization on the terrorist exclusion list;
(3) The person, company, affiliated group, or organization does not pose a risk to the residents of this state.
(F) Any person, company, affiliated group, or organization that had not provided material assistance at the time a declaration of material assistance/nonassistance was answered, but starts providing material assistance to an organization on the terrorist exclusion list during the course of doing business with or receiving funding from the state, an agency or instrumentality of the state, or a subdivision of the state, is prohibited from entering into additional contracts to do business with or receive funding from the state, any agency or instrumentality, or any subdivision for a period of ten years after the provision of material assistance is discovered.
(G)(1) Any person, company, affiliated group, or organization that knowingly provides a false certification pursuant to this section is permanently banned from conducting business with or receiving funding from the state, an agency or instrumentality of the state, or a political subdivision of the state is guilty of a felony of the fifth degree.
(2) Any person, company, affiliated group, or organization that fails to certify as this section requires is subject to a fine of one thousand dollars for each day of doing business or receiving funding, except that any person, company, affiliated group, or organization that first reaches the threshold of one hundred thousand dollars in business or funding, due to the contract that it is entering into, shall not be subject to the fine for the first thirty days after entering into that contract, after which it shall be subject to the fine for each day that it is not certified.
(H) This section does not apply to the following types of transactions:
(1) An investment in a company that is publicly traded in any United States market;
(2) An investment that is traded on a foreign market where United States investors regularly make investments;
(3) An investment that is made through an agent or investment manager who has a fiduciary responsibility to the investor;
(4) An investment in public agency debt;
(5) An investment in derivatives that are regulated by a government agency;
(6) Financial services provided by or through either of the following:
(a) A federally insured depository institution that is subject to anti-money laundering and antiterrorism requirements under federal law or any subsidiary of such a depository institution;
(b) An affiliate of a depository institution described in division (H)(6)(a) of this section, other than an affiliate that is a subsidiary of the depository institution, when the affiliate is subject to anti-money laundering and antiterrorism requirements under federal law.
“Financial services” include, but are not limited to, services related to currency, payment instruments, other financial securities, funds, and transfer of funds;
(7) Any contract to conduct business or receive funding between state agencies, instrumentalities, or political subdivisions of the state;
(8) Any person, company, affiliated group, or organization providing necessary, nonelective healthcare services.
(I) As used in this section, “personal benefit” means all of the following:
(1) Pensions and disability and survivor benefits;
(2) Money, goods, services, or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled by reason of age, medical condition, or a financial need that is established pursuant to an act of congress or the general assembly;
(3) Salary or compensation a person receives as an employee of the state or a political subdivision of the state.
