Terms and Conditions

By making a donation to PEF Israel Endowment Funds, Inc. (PEF), the donor hereby agrees and acknowledges as follows:

1. Ownership and Discretion

All donations to PEF are irrevocable and become the property of PEF upon receipt.

PEF has the sole and absolute discretion to use all donated funds as it sees fit in furtherance of its tax-exempt charitable purposes.

Although PEF may consider a donor’s recommendation with respect to the use of funds, all such recommendations are advisory only and non-binding, and PEF retains full and exclusive control over the use, allocation, and distribution of all donated funds. PEF, and not the donor, will be the legal grantor of any funds distributed.

2. No Earmarking or Donor Control

No donation to PEF shall be deemed earmarked for any specific recipient, organization, or purpose.

PEF retains the right, in its sole and absolute discretion, to:

  • approve, decline, or modify any recommendation without consulting the donor;
  • determine the timing and structure of any grant; and
  • select alternative charitable recipients.

3. Donor Representations and Compliance

To the extent a donor provides a recommendation, the donor represents that:

(a) the recommendation:

(1) will be solely for tax-exempt purposes described in Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as amended, and not for lobbying (including any direct or grassroots lobbying communications that support or oppose specific legislative proposals); and

(2) will not be for the benefit of an organization that is owned, controlled or managed by, and will not be for or redound to the benefit of, any persons listed on the Specifically Designated Nationals and other blocked persons list maintained by the U.S. Department of the Treasury, Office of Foreign Asset Control (“OFAC”) or organized or resident in a country or region subject to comprehensive U.S. sanctions;

(b) neither the donor nor any of its affiliates, nor to the knowledge of the donor, any director, officer, agent, employee or affiliate of the donor, is currently subject to any U.S. sanctions administered by OFAC;

(c) neither the donor nor any family member or affiliate will receive more than an incidental benefit as a result of any grant; and

(d) the recommendation, if followed, would not satisfy any legal obligation, including a pledge, of the donor or any family member or affiliate.

For purposes of these Terms & Conditions, “family member” means the donor’s spouse, ancestors, siblings, children, grandchildren, great-grandchildren, and the spouses of children, grandchildren and great-grandchildren.

For purposes of these Terms & Conditions, “incidental benefit” means a token item of tangible personal property, such as a coffee mug, key chain or similar item given by a grantee to the donor in appreciation of the donor’s funding of a grant to the grantee.

4. Gifts Received Without Clear Recommendations

If a donation is received without a clear or complete recommendation, PEF may, without otherwise limiting its sole and absolute discretion over the use of the donated funds:

  • hold the funds for a period of time to allow for donor clarification; and/or
  • use the funds in any manner whatsoever to support its charitable activities.

5. Trusts, Bequests, and Third-Party Transfers

If a donation is received from a donor-advised fund or foundation or pursuant to a will, trust or other third-party arrangement that purports to direct or restrict the use of funds:

  • any such direction or restriction shall be treated as a non-binding recommendation only;
  • PEF’s acceptance of such funds is expressly conditioned upon PEF retaining sole and absolute discretion over their use; and
  • PEF shall not be bound by any directive, restriction, or condition that would limit its independent control over the funds.

PEF reserves the right at all times to decline and/or return a donation for any reason or no reason.

6. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.