Special Notice to All Foreign Assistance Recipients
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On February 13, 2025, a court issued a temporary restraining order against the U.S. Department of State, USAID, the Office of Management and Budget, and several officials, halting enforcement of certain sections of a memorandum related to the reevaluation and realignment of U.S. foreign aid under Executive Order 14169. This order prevents these agencies and officials from suspending, pausing, terminating, or otherwise interfering with the obligation or disbursement of foreign assistance funds tied to any contracts, grants, cooperative agreements, loans, or federal foreign assistance awards that were active as of January 19, 2025. However, the order does permit the continued enforcement of the specific terms of these existing contracts and grants. The restrained parties are required to take all necessary steps to comply with this order, including notifying all recipients of existing foreign assistance contracts, grants, and cooperative agreements about the injunction. Furthermore, they must submit a status report to the court by February 18, 2025, detailing their compliance and providing evidence of the notification process. This special notice serves as an official communication from the Department of State to all foreign assistance recipients in Washington, D.C., regarding the temporary halt and the requirement for ongoing updates. Additional guidance on the temporary restraining order is anticipated to be provided in the near future.
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Washington, DC, USASet-Aside
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On February 13, 2025, the Court hearing the case of AIDS Vaccine Coalition v. U.S. Department of State and Global Health Council v. Trump entered a temporary restraining order against the Department of State, USAID, and OMB, that contains the following operative language:
“Consistent with the reasoning above, it is hereby ORDERED that Defendants Marco Rubio, Peter Marocco, Russell Vought, the U.S. Department of State, the U.S. Agency for International Development, and the Office of Management and Budget (the “Restrained Defendants”) and their agents are temporarily enjoined from enforcing or giving effect to Sections 1, 5, 7, 8, and 9 of Dep’t of State, Memorandum, 25 STATE 6828 (Jan. 24, 2025) and any other directives that implement Sections 3(a) and 3(c) of Executive Order Number 14169, “Reevaluating and Realigning United States Foreign Aid” (Jan. 20, 2025), including by:
• suspending, pausing, or otherwise preventing the obligation or disbursement of appropriated foreign-assistance funds in connection with any contracts, grants, cooperative agreements, loans, or other federal foreign assistance award that was in existence as of January 19, 2025; or
• issuing, implementing, enforcing, or otherwise giving effect to terminations, suspensions, or stop-work orders in connection with any contracts, grants, cooperative agreements, loans, or other federal foreign assistance award that was in existence as of January 19, 2025.
“It is further hereby ORDERED that nothing in this order shall prohibit the Restrained Defendants from enforcing the terms of contracts or grants.
“It is further hereby ORDERED that the Restrained Defendants shall take all steps necessary to effectuate this order and shall provide written notice of this order to all recipients of existing contracts, grants, and cooperative agreements for foreign assistance.
“It is further hereby ORDERED that the Restrained Defendants shall file a status report by February 18, 2025, apprising the Court of the status of their compliance with this order, including by providing a copy of the written notice described above.”
We will provide further guidance on this TRO as soon as we are able to do so.
