Thanks to you both (I did actually check the glossary; must have done something wrong, because nothing came up).
The problem I'm having is that this is a contract: almost everything pertains to the future or to what must or may be done--nothing else refers to something that HAS already been done or not done.
In one of the glossary entries (
http://www.proz.com/kudoz/german_to_english/law:_contracts/1... the asker had the same question that I do: He thought that it should have an imperative meaning ("shall not be"), not a declarative one ("have not been").
Also for the search that Andrew shows. Linguee (which I had combed through already) has both "have not been" and "shall not be"--with almost all of the entries voted as a bad translation by Linguee readers (which is very common for Linguee now).