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  • A Comparison of Due Process Rights in Terrorist Designation Processes to the Charity and Security Network’s Model | Charity & Security Network
    limited types of cases otherwise requires a license from Treasury Yes but only with a licnese from Treasury Not addressed Yes and without a license from Treasury Opportunity to Know Evidence Against Limited to unclassified evidence and post designation Limited to unclassified evidence and post designation Limited to unclassified evidence and post designation Yes Opportunity to Confront Classified Evidence No No No Yes Opportunity to Present Rebuttal Evidence Yes but post designation Yes but post designation Yes but post designation Yes and pre designation Independent Review No No review is limited to appeal post designation yes but limited to post designation Yes Judicial Review Right to Appeal Yes but limited Yes but review is limited to administrative record created by State Department Not applicable Yes Periodic Review of Designations None None unless designated groups seeks revocation after two years Every year Every two years Deadlines No Yes Yes Yes i See e g Kindhearts for Charitable Humanitarian Development v Geithner 647 F Supp 2d 857 N D Ohio 2009 finding that block of corporate assets violated nonprofit s Fourth Amendment rights and statutory rights under the Administrative Procedures Act Al Haramain v U S Dept of Treasury 585 F Supp 2d 1233 D Or 2008 finding a violation of AHIF Oregon s due process rights because Treasury failed to provide notice for eight months between the time it froze AHIF s assets pending investigation in February 2004 and the designation of the organization as an SDGT in September 2004 People s Mojahedin Org of Iran v U S 613 F 3d 220 225 D C Cir 2010 holding that where State relies on unclassified information that is sufficient to designate a group as a FTO it must provide it in advance of the proposed action and give the group an

    Original URL path: http://www.charityandsecurity.org/analysis/Comparison_of_Due_Process_Rights_in_Terrorist_Designation_Processes_to_the_Charity_and_Security_Networks_Model (2016-02-16)
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  • Two Bills at End of 111th Congress Signal Future Action Impacting Due Process for Charities | Charity & Security Network
    that allows the government to freeze assets for up to 48 hours prior to making a probably cause showing in court When courts do find probable cause the act allows a variety of remedies including appointment of conservators which may make it possible to preserve the availability of the property that is subject to the warrant This may mean that assets would not need to be frozen if they can be protected another way The bill creates a straightforward requirement to let the charity know why sanctions against it are being considered so that it can prepare a response The focus is on compliance notice must set forth the steps the charity may take to avoid imposition of the sanction In addition the charity must be provided with a hearing on the record within 60 days after receiving the notice Under the bill the government would be required to review orders to freeze charitable property every two years to ensure that the basis for imposing the sanction remains valid and provide the charity a hearing on the record during such a review It also provides for an administrative appeal under the Administrative Procedures Act and appeal to the federal courts In appeals to the courts the entire case will be reviewed and the court will not be limited to the question of whether or not the government action was based on legal error Instead the burden would be on the government to demonstrate by a preponderance of the evidence that a charity should be subject to IEEPA sanctions rather than imposing sanctions based only a reasonable suspicion The act says seized information and other property of a charity may only be made available to appropriate law enforcement agency pursuant to the Federal Rules of Criminal Procedure U S charities that

    Original URL path: http://www.charityandsecurity.org/news/Two_Bills_End_111th_Congress_Signal_Future_Action_Impacting_Due_Process_Charities (2016-02-16)
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  • New Guidelines for State Secret Privilege | Charity & Security Network
    privilege others see the changes as a good start OMB Watch has additional details and analysis 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 Us Staff Contact Search form Search Stay Up

    Original URL path: http://www.charityandsecurity.org/news/New_Guidelines_State_Secret_Privilege (2016-02-16)
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  • Report: The OFAC List: Due process challenges in designation and delisting by LCCR of SF Bay Area | Charity & Security Network
    people and organizations as terrorists or supporters of terrorism It points out the lack of adequate due process for challenging a listing or remedy for being wronged Titled The OFAC List Due process challenges in designation and delisting the report provides numerous examples of cases where the flawed process and harmed innocent people It notes a disparate impact on Muslim Americans and organizations and provides specific suggestions for reform These are Develop evidentiary standards for determining designations Provide a statement of reasons to the designee forviolations that have been allegedly committed Provide access to the evidence that allegedly forms the basis for the designation including a non classified summary of any classified evidence or access to classified evidence under procedures established by other laws Establish a deadline by which OFAC must respond to a designee s petition to be removed from OFAC s list Establish a deadline by which any investigation must be completed so assets are not frozen indefinitely Establish deadlines for responding to license requests allowing the use of blocked funds for specified purposes and make the process more transparent Make the delisting process more transparent and accessible including the addition of specific guidance on the delisting process in OFAC s Frequently Asked Questions on the OFAC website Establish an online redress program in which individuals can submit delisting petitions via a website to facilitate processing Provide for an independent administrative review of OFAC s designation Designate an Ombudsperson to oversee the processing of delisting requests 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 Us Staff Contact Search form Search

    Original URL path: http://www.charityandsecurity.org/studies/OFAC_List_Due_Process_Challenges (2016-02-16)
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  • Report: Terrorist Listing/Delisting Process Unconstitutional, Needs Reforms | Charity & Security Network
    s right to due process Under the current legislation OFAC has complete control over both the designation and the delisting process with little judicial oversight OFAC does not have to provide notice or justification of their decision to designate a group or individual as a terrorist If a group challenges their designation in a federal court the court is only given the records provided by OFAC and may only review OFAC s decision to determine if it was arbitrary and capricious a low legal standard LCCR offers 11 recommendations for OFAC to implement in order for their designation and delisting process to respect the basic human right of due process These recommendations call for OFAC to provide clear criteria for what would cause an organization to be designated establish deadlines in which OFAC must respond to requests from listed individuals and notify them of reasons for being designated and to designate a third party to review petitions for delisting Recommendations include Provide specific criteria on what activity is proscribed that merits a designation Develop evidentiary standards for determining designations Provide a statement of reasons to the designee for violations that have been allegedly committed Provide access to the evidence that allegedly forms the basis for the designation including a non classified summary of any classified evidence or access to classified evidence under procedures established by other laws Establish a deadline by which OFAC must respond to a designee s petition to be removed from OFAC s list Establish a deadline by which any investigation must be completed so assets are not frozen indefinitely Establish deadlines for responding to license requests allowing the use of blocked funds for specified purposes and make the process more transparent Make the delisting process more transparent and accessible including the addition of specific guidance on

    Original URL path: http://www.charityandsecurity.org/studies/OFAC_Report_Listing_Challenges (2016-02-16)
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  • Holy Land Foundation Leaders Seek New Trial, Citing New Evidence | Charity & Security Network
    presents sworn statements from people directly connected to the local charities that state they were independent and not controlled by Hamas or any other group A decision on whether to grant an evidentiary hearing is not expected for several months HLF itself which was convicted without representation at trial is not part of this petition and remains unrepresented Background information on the HLF case can be found here Attorney Gary Udasher filed the habeus corpus petition in the U S District Court for the Northern District of Texas Dallas Division Case No 3 04 CR 00240 P The 56 page brief argues that an evidentiary hearing is necessary to fairly decide on whether a new trial should be granted The hearing would bring in testimony of witnesses who worked for the local charities on Gaza to address the central question of whether they were controlled by Hamas Since the government admitted that HLF s funds were spent on charitable items such as food clothing and education the issue of Hamas control is central to the government s case The fact that other non Muslim U S charities worked with the same local charities but were never prosecuted continues to raise questions about the fairness of the HLP prosecution The former HLF leaders are all serving substantial prison sentences They are Abdulrahman Odeh Mufid Abdulqader Ghassan Elashi Mohammad El Mezain and Shukri Abu Baker The petition on their behalf is supported by the Muslim Legal Fund of America Its press release said the case is important as errors made in the trial could eventually impact the legal rights of all Americans not just Muslims 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

    Original URL path: http://www.charityandsecurity.org/news/HLF_New_Trial_Sought (2016-02-16)
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  • Kindhearts v. Treasury: Successful Challenge to the Constitutionality of Treasury Shutting Down a Charity | Charity & Security Network
    procedures for Treasury reconsideration Treasury has denied KindHearts requests to have its funds released for aid through other organizations Because KindHearts has never been designated as a supporter of terrorism the factual background of the case see KindHearts Timeline presents important constitutional and human rights questions about how post 9 11 emergency measures should be applied to charities in the long term So the question before the court was not whether or not KindHearts supported Hamas but whether the legal process used was constitutional The Court found in favor of KindHearts under protections guaranteed by the Fourth and Fifth Amendments The Court ruled that the freeze action by the government of over 1 million of KindHearts assets was an unlawful seizure of property under the Fourth Amendment and that the government did not allege probable cause for the seizure The court rejected the government s argument that it did not need probable cause to obtain a warrant to seize the property and could act on the basis of reasonable suspicion The Court found further that the Office of Foreign Assets Control OFAC authority to designate or to freeze assets pending an investigation was unconstitutionally vague as applied to the KindHearts organization because OFAC failed to follow the Fourth Amendment in imposing the asset freeze pending investigation Finally the Court held that KindHearts was denied its Fifth Amendment right to due process when OFAC issued the blocking order freezing KindHearts assets because OFAC violated KindHearts fundamental right to be told on what basis and for what reasons the government deprived it of all access to all its assets and shut down its operations p 76 According to the Court the OFAC had an inexplicable fifteen month delay of KindHearts post deprivation hearing an inexcusable misplacement of a 1 369 page submission

    Original URL path: http://www.charityandsecurity.org/Litigation/KindHearts_v_Treasury (2016-02-16)
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  • Charity & Security Network
    in Case of Shut Down Charity KindHearts Detailed Analysis of The PROCEDURES FOR SANCTIONS AGAINST CHARITIES ACT HR 6532 Date January 3 2011 A detailed analysis of the Procedures for Sanctions Against Charities Act HR 6532 Introduced on Dec 16 2010 the bill would protect legitimate charities and their donors and beneficiaries while preventing diversion of charitable resources to terrorist organizations Read more about Detailed Analysis of The PROCEDURES FOR SANCTIONS AGAINST CHARITIES ACT HR 6532 AP Exclusive US Changing No Fly List Rules Date August 22 2014 Author Eileen Sullivan Associated Press Aug 19 2014 WASHINGTON The Obama administration is promising to change the way travelers can ask to be removed from its no fly list of suspected terrorists banned from air travel Full article here Read more about AP Exclusive US Changing No Fly List Rules District Court Judge Rules No Fly List Unconstitutional Date June 26 2014 A judge in the 9th Federal District in Oregon has declared No Fly Lists unconstitutional The June 24 decision in Latif v Holder ruled that No Fly Lists violate a person s right to travel internationally The case involved 13 U S citizens and legal U S residents 4 of whom were veterans of the U S armed forces Read more about District Court Judge Rules No Fly List Unconstitutional Secretary Lew Asked to Improve Accountability and Transparency Procedures in Treasury s Licensing Process Date October 6 2013 Earlier this month several government transparency organizations sent a letter to Treasury Secretary Jack Lew in support of CSN s proposal to improve Treasury s process for issuing licenses to aid groups seeking to conduct humanitarian operations in global hot spots Signed by over 10 groups including and the Sunlight Foundation and The Constitution Project the letter states that an open and transparent process would provide more guidance to the public promote even handed enforcement and ensure that Treasury responds quickly when humanitarian crises occur CSN s proposed reforms which were sent to Treasury in July call for clearly defined standards for NGOs applying for a license timetables for responding to an application and explanations for any application that is rejected Read more about Secretary Lew Asked to Improve Accountability and Transparency Procedures in Treasury s Licensing Process Secretary Lew Asked to Improve Accountability and Transparency Procedures in Treasury s Licensing Process Date October 6 2013 Earlier this month several government transparency organizations sent a letter to Treasury Secretary Jack Lew in support of CSN s proposal to improve Treasury s process for issuing licenses to aid groups seeking to conduct humanitarian operations in global hot spots Signed by over 10 groups including and the Sunlight Foundation and The Constitution Project the letter states that an open and transparent process would provide more guidance to the public promote even handed enforcement and ensure that Treasury responds quickly when humanitarian crises occur CSN s proposed reforms which were sent to Treasury in July call for clearly defined standards for NGOs applying for a

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process?type=All&page=1 (2016-02-16)
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