Explanation of Restrictions
Exemption for Governments, Multilaterals
Health and family planning services provided under the auspices of foreign governments are exempt from the Mexico City Policy. If public sector programs furnish abortion “as a method of family planning” or engage in other prohibited abortion-related activities, governments are required to keep U.S. population assistance in a segregated account to ensure that no U.S. funds are used for these prohibited activities. Moreover, medical equipment purchased with U.S. funds as well as facilities supported by U.S. funds may not be used to provide abortion services.
The exemption for foreign governments also applies to government-operated universities and hospitals, including, for example, medical schools and teaching hospitals which provide abortion services as part of comprehensive health care or which engage in abortion-related research.
The exemption also applies to government-sponsored population or family planning councils, which are free to engage in research; disseminate public information about the incidence, causes or consequences of unsafe abortion; and participate in the development of national policies related to abortion.
Similarly, multilateral organizations such as the World Health Organization and the United Nations Population Fund (UNFPA) are exempt from the Mexico City Policy.
Individual Versus Organizational Action
The restrictions apply to organizations, not individuals. An individual associated with a foreign NGO subject to the policy may engage in activities in their private capacity that would be prohibited if carried out by the organization itself. An individual may engage in such otherwise restricted activities so long as the organization does not endorse or fund them and “reasonable steps” are taken to ensure that the individual does not “improperly represent” that he or she is acting on behalf of the organization. [See also the exception for training of NGO-affiliated individuals described above.]
Technical Assistance
A technical assistance relationship between organizations implies a sustained and substantial relationship in which skills are transferred. Ad hoc interactions between organizations (e.g., visits, consultations, data collection or interviews) should not be subject to the restrictions under this interpretation.
Provision of Emergency Contraception
The policy does not—nor does any other USAID policy—prohibit foreign NGOs from providing emergency contraception (EC) as part of the family planning and reproductive health services they offer. U.S. and foreign NGOs receiving USAID family planning assistance may provide EC counseling, dispense EC pills and promote awareness of this contraceptive method in accordance with local laws and policies. However, dedicated EC pill products currently on the market are not on USAID’s list of essential drugs and are not provided to either U.S. or foreign NGOs with U.S. funds. For more information about EC and available regimens, see PAI’s brochure, Emergency Contraception and the Global Gag Rule: An Unofficial Guide.
Next: Abortion, Treating Post-Abortion Complications, Contraceptive Counseling
