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Declaration Regarding Material Assistance/Nonassistance to a Terrorist Organization (DMA)
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What it is
D.M.A. is an acronym for “Declaration Regarding Material Assistance/Nonassistance to a Terrorist Organization.” The DMA is a questionnaire which must be completed by certain applicants to certify that they have not provided “material assistance” to a terrorist organization.
Its purpose
The DMA was created to provide the state with an additional tool to deter and prosecute acts of terrorism within Ohio.
Where it came from
The DMA is a provision of Senate Bill 9 , which is Ohio’s homeland security and anti-terrorism legislation. The revised version of the bill was signed into law by Governor Taft on January 11, 2006. Sections 2909.32, 2909.33, and 2909.34 of the Ohio Revised Code officially defined and created the DMA.
Defining “Material Assistance”
- Material Assistance, as defined by the statute, means any of the following:
Membership in an organization listed on the U.S. State Department’s Terrorist Exclusion List (TEL),
- Use of the person’s position of prominence within any country to persuade others to support an organization on the TEL,
- Knowingly soliciting funds or other things of value for an organization on the TEL,
- Solicitation of any individual for membership in an organization on the TEL,
- Commission of an act that a person knows, or reasonably should have known, affords material support or resources to an organization on the TEL,
- Hiring or compensating a person known by the person hiring or providing compensation to be a member of an organization on the TEL, or a person known by the person hiring or providing compensation to be engaged in planning, assisting in or carrying out an act of terrorism.
What is the TEL?
The Terrorist Exclusion List is a list of foreign organizations known to support and/or engage in acts of terrorism. The list is maintained by the United States Department of State.
Defining “Material Support or Resources”
Material Support or Resources, as defined by the statute, means currency, payment instruments (check, draft, money order, traveler’s check, cashiers check, teller’s check), other financial securities, funds, transfer of funds, and financial services that are in excess of $100.00, as well as communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets except medicine or religious materials.
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The Declaration forms can be found in PDF format on the Ohio Homeland Security website.
Where is the TEL found?
The Terrorist Exclusion List can be found on the same website.
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The DMA applies to four types of applications:
- Certain state issued licenses
- Public employment
- Business contracts and funding
- Business relations with agencies that choose to pre-certify
Which DMA form should I complete?
There are four separate DMA forms, one for each of the four areas identified above. You must complete and submit the DMA form that corresponds to what you are applying for. If you are applying for a subject license, you must complete and submit the “State Issued License” DMA. If you are applying for public employment, you must complete and submit the “Public Employment” DMA, etc.
Which licenses are subject?
The list of state issued licenses that are subject to the declaration may be found on the Ohio Homeland Security website. If you or your organization is applying for any of the licenses listed, then you must complete the DMA and submit it along with your application to the issuing agency or entity.
Which public employment positions are subject?
Any applicant under final consideration for employment with the State, any instrumentality of the State, or any political subdivision of the State must complete and submit a DMA. There are no exempt positions.
Do I need to complete and submit a DMA to my employer if I was already working prior to the effective date of April 14, 2006?
No. Employees hired before the effective date are not required to submit a DMA form. The requirements only affect new hires after the effective date.
What types of government business or funding contracts are subject?
Prior to entering into any contract to conduct business or provide funding, the state, any instrumentality of the state and any political subdivision of the state must obtain a DMA form pursuant to O.R.C. section 2909.33 (C), which states:
“Prior to entering into a contract to conduct business or receive funding, any person, company, affiliated group, or organization, and any person who holds, owns, or otherwise has a controlling interest in a company, affiliated group, or organization that conducts any business with or receives funding in an aggregate amount greater than one hundred thousand dollars annually from the state, any instrumentality of the state, and any political subdivision of the state, excluding the amount of any personal benefit, shall certify that it does not provide material assistance to any organization on the United States department of state terrorist exclusion list. The certification shall be made by completing the declaration of material assistance/nonassistance…”
Personal benefit means:
- Pensions, disability and survivor benefits
- Money, goods, services or other things of value provided by the United States, the state, or a political subdivision of the state to which the recipient is entitled to by reason of age, medical condition, or a financial need that is established pursuant to an act of congress or the general assembly
- Salary or compensation a person receives as an employee of the state or a political subdivision of the state
If I'm completing a DMA form on behalf of a company or organization, do I need to fill out the section of the form that requests personal information?
Yes. A record must be maintained of who completed the declaration on behalf of the company. Signatures are rarely legible.
Are there any exceptions?
The following types of contracts or transactions made by the state, an instrumentality of the state, or a political subdivision of the state are not subject to the DMA requirements (ORC Section 2909.33 (H)):
- An investment in a company that is publicly traded in any U.S. market
- An investment that is traded on a foreign market where U.S. investors regularly make investments
- An investment that is made through an agent or investment manager who has fiduciary responsibility to the investor
- An investment in public agency debt
- An investment in derivatives that are regulated by a government agency
What is pre-certification and is it required?
The statute allows for any state agency, instrumentality, or political subdivision of the state to adopt a procedure under which it pre-certifies any person, company, affiliated group, or organization as not providing material assistance to a terrorist organization for the purposes of business it conducts or funding it provides. Any agency or entity may voluntarily adopt this procedure, but it is not required. Certification is effective for one year and must be renewed. If your company is pre-certified to conduct business with a specific agency or entity, this pre-certification does not extend to other agencies or entities. Pre-certification is only valid with the specific agency with which it was filed.
Who do I submit the completed DMA form to?
You must submit the completed DMA form along with your application to the agency or entity to which you are applying for employment, a license, or business or funding contract.
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What constitutes a positive response?
A positive response is indicated either by selecting “yes” to any question on the questionnaire, or failing to answer “no” to any question.
What if I do not answer any of the six questions?
If you do not answer any of the six questions on the questionnaire, this does constitute a positive response.
What happens to my application if I provide a positive response?
Your application will be denied.
What if I lie on the DMA?
Refusing to disclose the provision of material assistance once it has knowingly been provided or making false statements on the DMA is a fifth degree felony. Any applicant that provides false disclosure is further permanently banned from conducting business with or seeking funding from any state agency, instrumentality of the state, or political subdivision of the state.
What if I provide material assistance after my application has been accepted?
If you applied for a license: The issuing agency will revoke your license if you take any action after licensure that would result in a positive response on the DMA if it were to be administered again. A hearing in accordance with Chapter 119 of the Ohio Revised Code will be conducted by the issuing agency prior to revocation.
If you applied for public employment: The employer may terminate any employee who takes any action that would result in a positive response on the DMA if it were to be administered again. However, no employer may terminate any employee without following at least one of the following hearing procedures:
- If the employee is entitled to termination proceedings under a collective bargaining agreement, the employer must comply with those procedures.
- If the employee is entitled to termination proceedings under division C of Section 124.34 of the Ohio Revised Code, then the employer must comply with those proceedings.
- If the employee does not qualify for either of the termination proceedings described above, the employer must comply with the procedures outlined in division B of Section 124.34 of the Ohio Revised Code.
If you applied for a business contract or funding: Any person, company, affiliated group or organization that had not provided material assistance at the time the Declaration was made, but begins providing material assistance during the course of doing business with or receiving funding from any government entity in the state is prohibited from entering into any additional contracts with or receiving funding from the state, instrumentality or political subdivision for a period of ten years after the provision of material assistance is discovered.
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If you feel the denial of you application due to a positive response on the DMA was inappropriate or unjust, you may request a review of the denial.
How soon after the denial must I file my request?
The statute does not indicate a time limit for filing a request for a review. A request may be filed at any time following the denial of your application.
How must the request be filed?
The request forms are available in PDF format on the Ohio Homeland Security website. The form must be completed in its entirety and submitted to the Department of Public Safety’s Homeland Security Division by certified mail. The address information appears on the form itself.
What happens once the request is filed?
Once the request has been filed, it is considered by the Department of Public Safety and decided upon within thirty days. The Department will overturn a denial if all of the following apply:
The provision of material assistance to an organization on the TEL was made more than ten years before the DMA was filled out, or the provision of material assistance was made within the prior ten years, but the organization was either not on the TEL at the time, or would not have merited inclusion on the TEL if the TEL had existed, or if it was unreasonable at the time to know of the organization’s activities that warranted its inclusion on the list.
It is unlikely that you will provide material assistance to an organization on the TEL in the future
You do not pose a risk to the residents of the state.
Can I further appeal the case if the review board upholds the denial?
You may further appeal the case pursuant to Section 119 of the Ohio Revised Code.
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Direct all questions regarding the DMA to the agency or entity to which you will be submitting your application. They will provide additional contact information to you if they cannot answer your questions.
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