---
kind: "section"
citation: "7 C.F.R. § 1493.60"
title: "7"
number: "1493.60"
heading: "Certifications required for program participation."
url: "https://uscodex.org/cfr/7/1493.60"
---

# §1493.60. Certifications required for program participation.

- (a) When making the statement required by §§ [1493.30(a)(7)](/cfr/7/1493.30.md?p=a-7), [1493.40(a)(9)](/cfr/7/1493.40.md?p=a-9), or [1493.50(a)(6)](/cfr/7/1493.50.md?p=a-6), each Exporter, U.S. Financial Institution and Foreign Financial Institution applicant for program participation is certifying that, to the best of its knowledge and belief:
  - (1) The applicant and any of its principals (as defined in [2 CFR 180.995](/cfr/2/180.995.md)) are not presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from covered transactions by any U.S. Federal department or agency;
  - (2) The applicant and any of its principals (as defined in [2 CFR 180.995](/cfr/2/180.995.md)) have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
  - (3) The applicant and any of its principals (as defined in [2 CFR 180.995](/cfr/2/180.995.md)) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in [paragraph (a)(2)](#a-2) of this section;
  - (4) The applicant and any of its principals (as defined in [2 CFR 180.995](/cfr/2/180.995.md)) have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default;
  - (5) The applicant does not have any outstanding nontax debt to the United States that is in delinquent status as provided in [31 CFR 285.13](/cfr/31/285.13.md);
  - (6) The applicant is not controlled by a person owing an outstanding nontax debt to the United States that is in delinquent status as provided in [31 CFR 285.13](/cfr/31/285.13.md) (e.g., a corporation is not controlled by an officer, director, or shareholder who owes a debt); and
  - (7) The applicant does not control a person owing an outstanding nontax debt to the United States that is in delinquent status as provided in [31 CFR 285.13](/cfr/31/285.13.md) (e.g., a corporation does not control a wholly-owned or partially-owned subsidiary which owes a debt).
- (b) **Additional certifications for U.S. and Foreign Financial Institution applicants.** When making the statement required by [§ 1493.40(a)(9)](/cfr/7/1493.40.md?p=a-9) or [§ 1493.50(a)(6)](/cfr/7/1493.50.md?p=a-6), each U.S. and Foreign Financial Institution applicant for program participation is certifying that, to the best of its knowledge and belief:
  - (1) The applicant and its Principals are in compliance with all requirements, restrictions and guidelines as established by the applicant's regulators; and
  - (2) All U.S. operations of the applicant and its U.S. Principals are in compliance with U.S. anti-money laundering and terrorist financing statutes including, but not limited to, the USA Patriot Act of 2001, and the Foreign Corrupt Practices Act of 1977.

## Notes

### Amendments

[79 FR 68596, Nov. 18, 2014, as amended at 84 FR 28186, June 18, 2019]

### Source

Source: 79 FR 68596, Nov. 18, 2014, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 5602, 5622, 5661, 5662, 5663, 5664, 5676; 15 U.S.C. 714b(d), 714c(f).

### Source

Source: 59 FR 52876, Oct. 19, 1994, unless otherwise noted.

### Amendments

[79 FR 68596, Nov. 18, 2014, as amended at 84 FR 28186, June 18, 2019]