The Division of Local Government Services has issued Local Finance Notice 2023-11 providing guidance on the Russia-Belarus Certification.
We would like to highlight the following from the Notice:
- Department of Treasury has published a list (Russia-Belarus list) of persons and entities engaged in prohibited activities in Russia or Belarus. This list will be updated at least once every six months.
- Non-profits, local governments, and state agencies fall under the definition of “person or entity” under the law. Due to constitutional considerations, the federal government is not considered a “person or entity.”
- BPU-regulated utility companies fall under the definition of “person or entity.” However, since there is no discretionary award for payment of electric, gas, water, or sewer bills, a Russia-Belarus vendor certification is not required. However, a contract for energy supply separate from distribution is subject to the certification.
- Local units or boards of education providing services under a shared service agreement are not required to complete the certification.
- Since the Public Works Contractor Registration requires compliance with the Russia-Belarus law, a contracting unit is not required to reference the Russia-Belarus list or request a certification from a contractor prior to the award of the construction contract. An engineering firm or architectural firm is still required to submit a Russia-Belarus certification.
- A Russia-Belarus certification is required for purchases from local or state cooperative purchasing systems.
- Contracts for insurance coverage must include the Russia-Belarus certification.
- Banks, even Governmental Unit Deposit Protection Act (GUPDA) approved, designated as the official depository for the local unit must submit a Russia-Belarus certification.
- A person or entity appearing on the Russia-Belarus list cannot be designated as a redeveloper, enter into a PILOT agreement, or be awarded a property tax abatement.
We suggest you review this Local Finance Notice with your procurement officials.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, firstname.lastname@example.org, 609-695-3481, x112.