Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
DKMS AMERICAS
Employer identification number
20-0989212
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
1,978,586
2,388,558
2,890,378
3,564,324
4,116,691
14,938,537
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
1,978,586
2,388,558
2,890,378
3,564,324
4,116,691
14,938,537
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
1,377,826
6
Public support. Subtract line 5 from line 4.
13,560,711
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
1,978,586
2,388,558
2,890,378
3,564,324
4,116,691
14,938,537
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
10,368
3,748
1,797
995
1,012
17,920
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
2,564
2,564
11
Total support (Add lines 7 through 10).
14,959,021
12
Gross receipts from related activities, etc. (see instructions)
..................
12
158,647,726
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.................................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
90.652 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
88.340 %
16a
33 1/3% support test—2013.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2012.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2013.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
0 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2012.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2013
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
DKMS AMERICAS
Employer identification number
20-0989212
Return Reference
Explanation
Form 990, Part VI, Section A. - Question 2
DKMS AMERICAS (DKMS-A) CONDUCTS BUSINESS TRANSACTIONS REGULATED BY SEVERAL AGREEMENTS WITH DKMS DEUTSCHE KNOCHENMARKSPENDERDATEI GEMEINNOTZIGE GESELLSCHAFT MBH, (DKMS-G) HEADQUARTERED AT KRESSBACH 1, 72072 TOBINGEN, GERMANY. DKMS-G IS THE SOLE MEMBER OF DKMS-A. THE FOUNDATION DKMS STIFTUNG LEBEN SPENDEN (DKMS-SLS) IS THE MOTHER ORGANIZATION OF DKMS-G. DR. RICHARD CHAMPLIN IS BOTH A MEMBER OF THE BOARD OF DIRECTORS (BOD) OF DKMS-A AND OF THE MEDICAL COUNCIL OF THE BOD OF DKMS-SLS. THE MEDICAL COUNCIL WAS ESTABLISHED ON MAY 8, 2012 AND ADVISES THE BOD OF DKMS-SLS ON MEDICAL AND SCIENTIFIC QUESTIONS. KATHARINA HARF IS Director OF DKMS-A. KATHARINA HARF IS THE DAUGHTER OF PETER HARF AND NIECE OF CLAUDIA RUTT AND AXEL RODERT. PETER HARF IS TREASURER, MEMBER OF THE BOD AND VICE CHAIR OF DKMS-A. PETER HARF IS A MEMBER OF THE BOD OF DKMS-SLS AND SINCE MAY 26, 2011, THE CHAIR OF THE BOD OF DKMS-SLS. PETER HARF IS CO-CHAIR OF THE EXECUTIVE COMMITTEE OF THE BOD OF DKMS-SLS. PETER HARF IS BROTHER-IN-LAW OF CLAUDIA RUTT AND AXEL RODERT. Peter Harf resigned from the Board as of December 19, 2013. CLAUDIA RUTT IS THE CHAIR OF THE BOD OF DKMS-A AND WAS CEO OF DKMS-G UNTIL MARCH 31, 2010 AND AGAIN SINCE: FEBRUARY 1, 2012. CLAUDIA RUTT WAS A MEMBER OF THE BOD OF DKMS-SLS UNTIL MAY 25, 2012. CLAUDIA RUTT IS A MEMBER OF THE EXECUTIVE COMMITTEE OF THE BOD OF DKMS-SLS. Claudia Rutt was left the Board as of November 2013. ALEJANDRO SANTO-DOMINGO IS BOTH A MEMBER OF THE BOD OF DKMS-A AND DKMS-SLS.
Form 990, Part VI, Section A. - Question 6
DKMS AMERICAS WAS INCORPORATED AS A MEMBERSHIP ORGANIZATION.
Form 990, Part VI, Section A. - Question 7A
THE INITIAL DIRECTORS SHALL BE THOSE PERSONS WHOSE NAMES AND ADDRESSES ARE SET FORTH IN THE ARTICLES OF INCORPORATION AND THEY SHALL SERVE UNTIL THE FIRST ANNUAL MEETING OF THE MEMBER AND UNTIL THE ELECTION AND QUALIFICATION OF THEIR SUCCESSORS. THEREAFTER, DIRECTORS SHALL BE ELECTED AT THE ANNUAL MEETING OF THE MEMBER OR AT ANY ADJOURNMENT THEREOF. EACH DIRECTOR SHALL CONTINUE IN OFFICE UNTIL THE ANNUAL MEETING OF THE MEMBER HELD NEXT AFTER THE ELECTION OF SUCH DIRECTOR AND UNTIL THE ELECTION AND QUALIFICATION OF A SUCCESSOR. VACANCIES: ANY VACANCY OR VACANCIES CREATED BY THE DEATH, RESIGNATION OR INCAPACITY TO ACT OF ANY DIRECTOR BEFORE THE EXPIRATION OF SUCH DIRECTOR'S TERM, OR BY THE CREATION OF ONE OR MORE NEW DIRECTORSHIPS, MAY BE FILLED AT ANY MEETING OF THE BOARD BY A MAJORITY OF THE DIRECTORS THEN IN OFFICE. A DIRECTOR ELECTED TO FILL A VACANCY SHALL HOLD OFFICE UNTIL THE NEXT ANNUAL MEETING OF THE MEMBER AND UNTIL THE ELECTION AND QUALIFICATION OF A SUCCESSOR.
Form 990, Part VI, Section A. - Question 7B
BOARD MEMBER ELECTION AND REMOVAL IS SUBJECT TO APPROVAL BY THE MEMBERSHIP.
Form 990, Part VI, Section B. - Question 11B
THE FORM 990 IS REVIEWED BY THE CEO AND THE ASSISTANT TREASURER BEFORE IT IS FILED.
Form 990, Part VI, Section B. - Question 12C
ALL DIRECTORS, OFFICERS AND KEY EMPLOYEES ARE REQUIRED TO SIGN A CONFLICT OF INTEREST STATEMENT ANNUALLY. THE EXISTING POTENTIAL CONFLICTS THAT HAVE BEEN DISCLOSED ARE BEING AVOIDED BY THE DIRECTORS BY EXCUSING THEMSELVES FROM BOARD DISCUSSIONS AND VOTES PERTAINING TO THE CONFLICT.
Form 990, Part VI, Section B. - Questions 15A & 15B
DKMS AMERICAS HAS BOARD APPROVED COMMITMENT AUTHORITY AND ACTION GUIDELINES THAT STATE: "BOARD OF DIRECTORS APPROVES SALARIES OF CEO. CEO APPROVES SALARIES OF ALL OTHER EMPLOYEES." REVIEW, DISCUSSION, ADJUSTMENTS OR INCREASES OF SALARIES OF ALL EMPLOYEES ARE CONDUCTED BY MEMBERS OF MANAGEMENT AND THE CEO.
Form 990, Part VI, Section C. - Question 19
THE ORGANIZATION DOES NOT MAKE ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, OR FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC.
Form 990, Part VII, Section B - Description of Independent Contractors
DKMS-G COLLECTION OF BONE MARROW AND ADULT BLOOD STEM CELLS FROM GERMAN DONORS, WHICH ARE IMPORTED TO THE US, AND COMPUTER SERVICES. HISTOGENETICS LABORATORY INC. GENETIC TISSUE TYPING OF REGISTERED DONORS. ECS LLC COURIER FOR TRANSPORTATION OF BONE MARROW AND ADULT BLOOD STEM CELLS. TIMEMATTERS Courier for Transportation of Bone Marrow and Adult Blood Stem Cells.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.