Yes.
First, the organization meets the "use of funds" legal requirement because USAID HIV and AIDS funds will not be used to promote or advocate the legalization of practice of prostitution or sex trafficking. The proposed activities that USAID will be funding focus on provision of HIV and STI testing and counseling services. Provision of these types of services to individuals, including key populations such as commercial sex workers, is permitted.
Second, as a non-U.S. organization, the organization meets the prostitution and sex trafficking policy requirement because it has signed the USAID agreement which contains the standard provision stating that the organization opposes the practices of prostitution and sex trafficking. The organization is not required to adopt a policy separate from this statement. Therefore, it is not relevant that the organization's policy merely denounces the coercion of women into prostitution.
Note: The organization is not exempt from the prostitution and sex trafficking policy requirement:
- Statutorily exempted organization: The non-U.S. nonprofit organization is not the Global Fund, WHO, a UN agency or IAVI.
- Limited Contractor Exception: The non-U.S. nonprofit organization does not provide ONLY CERTAIN DEFINED commercial items or services. Instead, it is implementing HIV and AIDS programmatic activities.
*Host governments and U.S.-based organizations are also exempt from the prostitution and sex trafficking policy requirement.