Population Action International

Checklists

Permissable Activities Under Global Gag Rule Restrictions

Type of Activity

Foreign NGO

U.S. NGO

USAID
Assistance
For Family
Planning

NON-U.S.
Assistance

USAID
Assistance
For Family
Planning
NON-U.S.
Assistance

Performance of Abortion

       

Perform abortion in cases of threat to the life of the woman, rape, or incest

X X X + X +
Perform abortion for other indications including broad health grounds (physical & mental), fetal deformity, and socioeconomic or on request       X +
Counseling and Referral        
Counsel or refer on abortion, if legal * * X X
Post-abortion contraceptive counseling, referral & services X X X X
Lobbying        
Lobby a foreign government to legalize or to “continue the legality” of abortion for reasons other than life, rape, or incest       X
Conduct a “public information campaign...regarding the benefits and/or the availability of abortion       X
Post-abortion care        
Purchase or distribute manual vacuum aspiration (MVA) kits   X   X
Acquire or provide training of medical personnel in the treatment of post-abortion complications (e.g., septic or incomplete abortions) X X X X
Provide assistance to strengthen logistics systems that include MVA kits for post-abortion care X X X X
Research        
Conduct biomedical research on abortion   X   X
Engage in demographic, epidemiological, or social science research on abortion X X X X

KEY

X Activity permitted under either the 1973 Helms amendment, the MCP or other applicable statutory or policy restrictions.
X + Activity permitted under current law and policy, but it remains unclear whether or how often (if ever) a U.S. NGO would directly provide services to clients without relying on a foreign NGO partner as an intermediary.
* Activity permitted only under certain very specific conditions (see text of brochure for more detailed discussion) or permissibility of the activity remains unclear under the laws and policies governing USAID programs.

Do the Global Gag Rule Provisions Apply?

YES NO
Assistance Instruments
  • Grants
  • Cooperative agreements
  • Grants under contracts
  • Contracts
  • Sub-grants from a foreign host government
  • Purchase orders
Assistance Accounts
  • USAID family planning assistance from any account
  • U.S. HIV/AIDS assistance
  • USAID child survival assistance (including for child spacing under certain specific conditions)
  • USAID health assistance
  • USAID non-family planning population assistance (e.g., female genital mutilation activities)
Types of Support
  • Funding
  • Technical Assistance
  • Commodities (contraceptives)
  • Fellowships
  • Loans
  • Minimal contracts of limited duration (e.g., consultations, interviews, data collection, publications)
  • Purchased goods or services (e.g., computer, management, evalution services)
Recipients of Support
  • NGO-affiliated individuals acting in the name of the NGO
  • NGO-affiliated individuals participating in customized training designed specifically for the organization
  • NGO-affliated individuals acting in their private capacities
  • NGO-affiliated individuals participating in a "general training program"