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  • UN Targeted Sanctions Improves Due Process Protections | Charity & Security Network
    mandate in an effective and timely manner paragraph 22 The difficulties facing listed entities and individuals that challenge their inclusion on the sanctions lists has been highlighted in several court cases Among them the September 2008 decision by the European Court of Justice in the case of Yassin Abdullah Kadi noted that the UN process of listing and delisting entities from its targeted sanctions programs lacked fundamental due process procedures and protections protected as human rights Responding to complaints about the lack of due process protections in the listing and delisting procedures the Security Council established the Office of the Ombudsperson in Security Council Resolution 1904 in 2009 The Ombudsperson is mandated to gather information and to interact with the petitioner relevant states and organizations with regard to delisting requests Two year later Security Council Resolution 1989 extended the limited powers of the Ombudsperson Kimberly Prost was appointed by the UN Secretary General in June 2010 as the first Ombudsperson Despite the improvements of Resolutions 1904 and 1989 critics of the sanctions regime remained skeptical Ben Emmerson UN Special Rapporteur on Counterterrorism and Human Rights released a report in September 2012 that highlighted deficiencies of the Ombudsperson position from a human right perspective In particular he notes that the Ombudsperson s office is not strong enough because it cannot make its own decisions on delisting nor can it force member states to provide information He also argues that the process does not meet international due process standards Calling themselves the Like Minded States a coalition of countries had submitted recommendations to improve fairness and transparency in the targeted sanctions regime to the Security Council and the Secretary General in early November 2012 These included having sunset clauses for some listings after 36 months letting the accused see the evidence against

    Original URL path: http://www.charityandsecurity.org/news/UN_Targeted_Sanctions_Improves_Due_Process_Protections (2016-02-16)
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  • UN De-Lists Charity Official, But He Remains on Treasury List | Charity & Security Network
    maintained by the U S Treasury Department which also includes AHIF Oregon The UN provided no explanation for his removal but said in a statement that the decision was made following a review of the delisting request submitted to the Ombudsperson established pursuant to Security Council resolution 1904 Al Buthi had been on the UN list since 2004 See also De Listed U S Lacks Review Process for Terror Designations In a press release issued a day after the de listing al Buthi s attorney Thomas Nelson said Mr al Buthi s delisting raises questions about the legitimacy of his continued listing by the Treasury Department and of the Treasury Department s listing of the Al Haramain Islamic Foundation of Oregon In September 2011 an appellate court upheld a lower court s ruling finding that Treasury violated AHIF of Oregon s Fifth Amendment and Fourth Amendment rights when shut it down in February 2004 Treasury cited al Buthi s presence on the charity s board as a reason for listing it on its sanctions list See the Al Haramain case summary here A Treasury spokesman did not respond to questions about al Buthi s removal from its list according to the Associated Press Kimberly Prost ombudsperson for the UN s al Qaida Sanctions Committee said al Buthi was the 21st applicant to be taken off the sanctions list but said details surrounding the case were not public UN Security Council Resolution 1904 which created the ombudsperson position requires periodic reviews of the list to remove deceased persons and others who should no longer be on it Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The

    Original URL path: http://www.charityandsecurity.org/news/UN_De-Lists_Charity_Official_But_Remains_on_Treasury_List (2016-02-16)
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  • Treasury Removes American From Terrorist List After 17 Years | Charity & Security Network
    It took the filing of a federal lawsuit to force the government to confront the validity of its own actions The economic sanctions imposed on groups and people put on the terrorist list prohibit any U S person from engaging in any economic transaction with those on the list As a result Salah was unable to get a job pay rent or obtain medical care without approval from the Treasury Department He was also unable to meet his religious obligations such as donating to mosques or charities without fear of running afoul of the law Mr Salah has been made to suffer in a manner that is contrary to our constitutional principles and completely unjustified by anything he has ever been accused of let alone found to have done Matthew Piers one of the attorneys for Salah said Justice has now been done but it comes very late in the day The sanctions imposed on Salah were similar to ones used against charities the government accuses of financially supporting terrorism In two cases Kindhearts Al Haramian however federal courts have ruled that the Treasury process for listing or shutting down charities is constitutionally deficient A designated person has the option to at any time seek administrative reconsideration of the designation Mr Salah chose not to avail himself of that process and instead filed suit against OFAC to be delisted a Treasury spokesman told The Hill Adding In evaluating its response to Mr Salah s complaint the Office of Foreign Asset Controls determined that it was appropriate to remove Mr Salah from the list of Specially Designated Nationals and Blocked Persons based on current circumstances As a result any property that was blocked solely as a result of Mr Salah s designation pursuant to E O 12947 is now unblocked and

    Original URL path: http://www.charityandsecurity.org/news/Treasury_Removes_American_From_Terrorist_List_After_17_Years (2016-02-16)
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  • Special Rapporteur: UN Terrorist Listing Regime Lacks Due Process Guarantees | Charity & Security Network
    the appearance that the Council is acting above and beyond the law The process needs independent review of listing decisions instead of the current system where the Security Council essentially acts as judge and jury Emmerson said the current process also fails to facilitate the promotion and protection of human rights due process and the rule of law as instructed by the General Assembly s Global Counterterrorism Strategy to all UN entities working on counterterrorism efforts Some of the due process failures found in the 1267sanctions regime noted by the Special Rapporteur include Inadequate international review of the domestic judicial process for listed entities The failure of the 1267 Sanctions Committee to consider the evidence underlying proposals to list individuals The Security Council s lack of due process mechanisms despite its quasi legislative and quasi judicial functions under the sanctions regime More than a third of the report focuses on the Ombudsperson position which was created in December 2009 by Security Council Resolution 1904 to provide recourse for people who believe they have been unfairly included on the UN s sanctioned terrorist list The Special Rapporteur finds that the Ombudsperson has gone to very considerable lengths to make her office as effective as possible in affording petitioners a measure of procedural justice However the mandate of the Ombudsperson still does not meet the structural due process requirement of objective independence from the Security Council s control The Ombudsperson s office Emmerson said should be empowered to receive and determine petitions from designated individuals or entities for their removal from the list and for the authorization of humanitarian exemptions Additionally the Ombudsperson should be renamed the Office of the Independent Designations Adjudicator IDA and Emmerson suggests that individuals should be able to petition the Ombudsperson directly for humanitarian exemptions The Special

    Original URL path: http://www.charityandsecurity.org/news/UN_Terrorist_Listing_Regime_Lacks_Due_Process_Guarantees (2016-02-16)
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  • U.S. Removes MEK from Terrorist List | Charity & Security Network
    into whether payments made to MEK supporters including current and former government officials violated sanctions that prohibit financial dealings with listed terrorist group remains unclear DID YOU SEE MEK s De listing Shows Washington s Double Standard Knows No Bounds The move came just days ahead of a U S Court of Appeals Oct 1 deadline for Secretary of State Hillary Clinton to decide the MEK s status The court had previously said that the process State used to put them on the list was done improperly because the group did not have an opportunity to rebut the FTO listing Supporters of the Iranian group in Paris and in the U S welcomed the news but others say the decision to remove the group calls into question how the FTO list is managed Mila Johns a researcher at the National Consortium for the Study of Terrorism and Responses to Terrorism at the University of Maryland says the MEK campaign to be removed from the list that included numerous demonstrations at the State Department full page ads in major newspapers and payments to high level U S officials to make public appearances on behalf of the MEK created the impression that the list is essentially a meaningless political tool No other group she noted has been de listed in this way Though now that the precedent has been set I would expect that other groups will explore this as an option she added President Bill Clinton had designated the group as an FTO in 1997 Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About

    Original URL path: http://www.charityandsecurity.org/news/US_Removes_MEK_from_Terrorist_List (2016-02-16)
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  • U.S. Citizen on Terrorist List for 17 Years Files Suit to be Removed | Charity & Security Network
    Muhammad Salah is not permitted to get a job pay rent or a mortgage pay for his children s education obtain medical care or even buy a loaf of bread without first obtaining approval from the Treasury Department according to a press release issued by his attorneys The restrictions imposed on him also prohibit him from meeting his religious obligations such as donating to mosques or charities Salah has been granted temporary licenses by Treasury authorizing him to get a job open bank accounts and pay for essential goods and services the suit said but the restrictions have made finding a job and maintaining a bank account nearly impossible One bank closed his account in May 2004 stating The maintenance and regulatory requirements associated with your account far exceeds any benefit to Bridgeview Bank Group He has been unable to open a bank account since Not only does the terrorist label impose severe restrictions on Salah but it also restricts other groups from advocating on his behalf without fear of breaking the law Two groups who joined the lawsuit to challenge Salah s terrorist listing The American Arab Anti Discrimination Committee ADC and the American Friends Service Committee AFSC issued a press release on Sept 5 saying the designation makes it a crime for these groups even to speak out in coordination with Mr Salah to object to his treatment According to Maureen Murphy at The Electronic Intifada The organizations are concerned that the government s treatment of Salah amounts to unnecessarily sweeping and arbitrary punitive actions that are an egregious affront to the basic values of justice but AFSC and ADC are restricted in their ability to so advocate in coordination with Salah by the very breadth of the government s restrictions Salah had been imprisoned in Israel for

    Original URL path: http://www.charityandsecurity.org/news/US_Citizen_Terrorist_List_for_17_Years_Files_Suit (2016-02-16)
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  • Eight Year Battle for Removal from UN Terrorism Blacklist Succeeds | Charity & Security Network
    to supporting a terrorist organization in Italy Since then neither government nor the UN provided evidence to justify keeping him on the UN blacklist According to the European Center for Constitutional and Human Rights ECCHR In 2005 Italian courts found there was no evidence to support the allegation that he was part of a terrorist cell This was corroborated by a U S embassy cable leaked by Wikileaks in 2009 saying After careful and detailed review and analysis of all available information the USG US government has determined that it currently lacks information sufficient to conclude that DARRAJI continues to engage in the activities for which he was originally listed or other activities that would provide a basis for continued listing Darraji s listing came with stiff sanctions Both he and his wife had their assets frozen were banned from travelling and anyone providing him with money could be prosecuted for supporting terrorism Wolfgang Kaleck General Secretary of ECCHR stated in a press release We are glad to have helped Mr Darraji s get off this list and out of the legal black hole which it creates But if his case is indicative there must be scores of others who remain unjustifiably blacklisted in this way victims of the global war on terror who are rarely spoken about The entire blacklisting regime at the UN and in the U S has been widely criticized for lacking transparency and restricting civil society groups from operating in global hot spots Once a charity is listed its assets are frozen and it is effectively shut down leaving the needs of vulnerable individuals it serves unmet And just as in Darraji s case no formal avenue exists to remove its name from the blacklist Darraji s name still appears on the Specially Designated Global

    Original URL path: http://www.charityandsecurity.org/news/Removal_from_UN_Terrorism_Blacklist_Succeeds (2016-02-16)
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  • MEK Remains On Terror List | Charity & Security Network
    in 1997 the MEK has the support of many prominent former U S officials who are being paid to speak out against the group s listing According to the Washington Times State will decide on removing the MEK from the list no later than 60 days after Camp Ashraf has been vacated and data gathered from the relocation has been studied to verify the group s claims that it is not a terror group Camp Ashraf is a disputed settlement in Iraq where nearly 3 000 Iranians live and is home to many MEK officials The Treasury Department has an ongoing investigation into payments made to MeK supporters for possible violation of sanctions that prohibit financial dealings with terrorist groups U S law prohibits giving to or receiving funds from a listed terrorist group It is also illegal to advocate on behalf of a designated terrorist group if that advocacy is coordinated with them Reports indicate that the former high ranking government officials received about 20 30 000 per speech and a variety of perks including first class airfare to European cities Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here

    Original URL path: http://www.charityandsecurity.org/news/MEK_Remains_On_Terror_List (2016-02-16)
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