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  • Charity & Security Network
    the process failed to provide him with an adequate opportunity to defend himself obtain proper judicial review and was a disproportionate restriction on property The case ends over ten years of litigation by Kadi who was first listed in 2001 Read more about EU High Court Upholds Kadi Delisting Cites Due Process UN Report Urges for More Transparency During De Listing Process Date March 6 2011 On Feb 28 2011 the United Nations UN Security Council emphasized the need for transparency and fairness in the process for persons or groups seeking to be removed from its list of designated terrorists Read more about UN Report Urges for More Transparency During De Listing Process UN Report Urges for More Transparency During De Listing Process Date March 6 2011 On Feb 28 2011 the United Nations UN Security Council emphasized the need for transparency and fairness in the process for persons or groups seeking to be removed from its list of designated terrorists Read more about UN Report Urges for More Transparency During De Listing Process Event Looks at Terrorist Listing Delisting Procedures in the US EU and UN Date April 29 2013 On April 17 the American Bar Association s Middle East Committee and International Human Rights Committee joined with CSN to sponsor a panel discussion about the differences in procedures used by the United States United Nations and European Union to formally designate entities as terrorist Among the topics discussed included the lack of clearly defined standards transparency and oversight in the processes human rights concerns and questions about the accuracy of the lists Panelists included Kimberly Prost the UN s ombudsperson for delisting Maya Lester a barrister from the United Kingdom who has defended individuals on the terrorist lists in the EU and UK and David Cole a Professor of Law at Georgetown University who has also defended individuals and organizations listed as terrorists in the U S Full audio of the event a transcript and other resources are available here Read more about Event Looks at Terrorist Listing Delisting Procedures in the US EU and UN Event Looks at Terrorist Listing Delisting Procedures in the US EU and UN Date April 29 2013 On April 17 the American Bar Association s Middle East Committee and International Human Rights Committee joined with CSN to sponsor a panel discussion about the differences in procedures used by the United States United Nations and European Union to formally designate entities as terrorist Among the topics discussed included the lack of clearly defined standards transparency and oversight in the processes human rights concerns and questions about the accuracy of the lists Panelists included Kimberly Prost the UN s ombudsperson for delisting Maya Lester a barrister from the United Kingdom who has defended individuals on the terrorist lists in the EU and UK and David Cole a Professor of Law at Georgetown University who has also defended individuals and organizations listed as terrorists in the U S Full audio of the event a transcript

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process?type=All&page=2 (2016-02-16)
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  • Charity & Security Network
    State s official list of terrorist organizations on Sept 28 2012 Supporters of the Iranian group in Paris and in the U S welcomed the news while others say the long and controversial journey to this decision underscores the fundamental problems with the terrorist listing process at State and at the Treasury Department Read more about MEK s De listing Shows Washington s Double Standard Knows No Bounds U S Removes MEK from Terrorist List Date October 4 2012 On Sept 28 2012 the State Department formally removed the Mujahedin e Khalq MEK from the Foreign Terrorist Organization FTO list The move frees up any assets the MEK has in the U S Read more about U S Removes MEK from Terrorist List U S Citizen on Terrorist List for 17 Years Files Suit to be Removed Date September 16 2012 Lawyers for a Chicago area resident on the government s terrorist list filed a civil lawsuit on Sept 5 2012 challenging his inclusion on the list saying he has been living under an unprecedented embargo for the past 17 years Muhammad A Salah a U S citizen was added to the Specially Designated Terrorist list by the Department of Treasury in 1995 effectively barring most Americans from engaging in financial transactions with him and his wife According to the complaint filed in U S District Court in Chicago Treasury imposed the sanctions without a hearing no opportunity to respond and no statement of reasons and there is no endpoint to the designation and its restrictions Salah is believed to be the only person in the U S with such a designation Read more about U S Citizen on Terrorist List for 17 Years Files Suit to be Removed Court State Dept Must Act on MEK s Status as Foreign Terrorist Organization Date June 12 2012 On June 1 2012 the U S Court of Appeals for the District of Columbia ruled that the Obama administration must make a decision within four months whether or not to remove the People s Mujahedin Organization of Iran PMOI aka Mujahedeen e Khalq MEK from the State Department s list of Foreign Terrorist Organizations FTO In a statement released after the decision State said its position on the MEK has been under review since a court mandate in 2010 but that it intends to comply with the new court s order Several prominent politicians and former government officials have been financially compensated to speak out against the MEK remaining on the list triggering a Treasury Department investigation into whether such payments violate sanctions that prohibit financial dealings with terrorist groups Read more about Court State Dept Must Act on MEK s Status as Foreign Terrorist Organization KindHearts Government To Settle Case Challenging Process to Shutter Charity Date January 16 2012 In late December 2011 an Ohio based charity whose assets were frozen by the Treasury Department in 2006 pending investigation into possible ties to terrorism announced it is dissolving the Associated Press reports

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process?type=All&page=3 (2016-02-16)
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  • Charity & Security Network
    Two Bills at End of 111th Congress Signal Future Action Impacting Due Process for Charities Government Tells Judges Giving Reasons for Shutting Down Charities Too Burdensome Date March 15 2011 On March 9 2011 the Ninth Circuit Court of Appeals heard oral arguments in Al Harmain v Treasury a constitutional challenge to the Treasury Department s Treasury process for shutting down charities During the proceedings an attorney for the government told the court that providing the reasons for putting charities and others on terrorist lists would be extremely burdensome Read more about Government Tells Judges Giving Reasons for Shutting Down Charities Too Burdensome A Comparison of Due Process Rights in Terrorist Designation Processes to the Charity and Security Network s Model Date December 30 2010 The process used by the United States government to designate or list charitable organizations as supporters of terrorism is controversial and three federal courts have found key elements of these procedures to be constitutionally deficient i In addition the U S has not implemented due process reforms consistent with the December 2009 United Nations UN Resolution 1904 which it supported Read more about A Comparison of Due Process Rights in Terrorist Designation Processes to the Charity and Security Network s Model Charity Leader Released as FBI Evidence Tampering Becomes Issue in Case Date January 21 2011 On Jan 19 2011 U S District Court Judge Michael Hogan ordered Al Haramain Islamic Foundation Oregon leader Pete Sedaghaty Seda released from jail pending proceedings examining FBI payments to the chief prosecution witness in the case Seda was convicted of tax fraud charges based on allegations he hid a contribution to Chechen militants On Jan Read more about Charity Leader Released as FBI Evidence Tampering Becomes Issue in Case Model Policies for Fair Procedures for Listing and Delisting U S Charities After summarizing current law on how U S charities may be shut down for supporting terrorism and citing problems with the lack of due process for charities to defend themselves this article presents the rationale for a new approach and specific reforms that can bring the system into compliance with constitutional standards Summary of Current Law Read more about Model Policies for Fair Procedures for Listing and Delisting U S Charities Model Policies for Fair Procedures for Listing and Delisting U S Charities After summarizing current law on how U S charities may be shut down for supporting terrorism and citing problems with the lack of due process for charities to defend themselves this article presents the rationale for a new approach and specific reforms that can bring the system into compliance with constitutional standards Summary of Current Law Read more about Model Policies for Fair Procedures for Listing and Delisting U S Charities UN Approves Reforms for Listing and Delisting on Terrorist List Date February 1 2010 The lack of due process in the United Nations UN terrorist watch list has made some governments reluctant to enforce sanctions against those listed Responding to these criticisms and

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process?type=All&page=4 (2016-02-16)
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  • Charity & Security Network
    Reform Date August 20 2009 Author Kay Guinane Finally a federal court has taken a reasoned look at how national security laws are applied to charities and found serious constitutional flaws On Aug 18 2009 in KindHearts v Treasury Judge James Carr ruled that shutting down a charity pending investigation and seizing its assets indefinitely violates basic rights This is especially so because the charity has no real opportunity defend itself Read more about KindHearts Decision Opens Door to Reform KindHearts Ruling Exposed Treasury Department s Unconstitutional Freezing of Muslim Charity Assets Date September 4 2009 Author Sahar Aziz A recent ruling by a federal district court signifies an encouraging shift for Muslim charities in the United States For many such non profits mere investigation by the Department of Treasury s Office for Asset Control OFAC into their humanitarian activities abroad has become a kiss of death Read more about KindHearts Ruling Exposed Treasury Department s Unconstitutional Freezing of Muslim Charity Assets Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities Date September 15 2009 The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorist SDGT or freeze assets pending investigation is based on laws providing for economic sanctions against foreign nations going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act Read more about Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities Date September 15 2009 The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorist SDGT or freeze assets pending investigation is based on laws providing for economic sanctions against foreign nations going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act Read more about Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism This article and the chart supporting it shows that due process procedures used in asset forfeiture proceedings for accused drug traffickers provide more protection than procedures afforded charities accused of supporting terrorism These asset forfeiture procedures may be a model for developing new rules for charities Read more about A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism This article and the chart supporting it shows that due process procedures used in asset forfeiture proceedings for accused drug traffickers provide more protection than procedures afforded charities accused of supporting terrorism These asset forfeiture procedures may be a model for developing new rules for charities Read more about A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism Judicial Review for Charities Working in

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process?type=All&page=5 (2016-02-16)
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  • Charity & Security Network
    focuses on the widespread negative impact overbroad counterterrorism rules have on charitable operations The filing follows two pre trial court rulings in the case that are favorable to due process rights for nonprofits Read more about Nonprofits Friend of the Court Brief in KindHearts Case Supports Due Process House passes Bill Creating Right to Contest Placement on Watch Lists Date April 9 2009 On Feb 4 the U S House of Representatives passed H R 559 the Fair Accurate Secure and Timely Redress Act that would create a process for individuals placed on government watch lists to challenge their classification The bill is a response to overbroad and inaccurate lists that have denied many innocent Americans of basic benefits and rights including flying on commercial planes getting credit or jobs Read more about House passes Bill Creating Right to Contest Placement on Watch Lists House passes Bill Creating Right to Contest Placement on Watch Lists Date April 9 2009 On Feb 4 the U S House of Representatives passed H R 559 the Fair Accurate Secure and Timely Redress Act that would create a process for individuals placed on government watch lists to challenge their classification The bill is a response to overbroad and inaccurate lists that have denied many innocent Americans of basic benefits and rights including flying on commercial planes getting credit or jobs Read more about House passes Bill Creating Right to Contest Placement on Watch Lists State Secrets Protection Act Passes House Subcommittee on Constitution Civil Rights and Civil Liberties Date June 15 2009 After hearing testimony on why the application of the executive state secret privilege needs to curtailed a House subcommittee passed the State Secret Protection Act but limited some appeals and sent it to the Judiciary Committee for further consideration Debate over a similar bill in the Senate has been repeatedly postponed Read more about State Secrets Protection Act Passes House Subcommittee on Constitution Civil Rights and Civil Liberties State Secrets Protection Act Passes House Subcommittee on Constitution Civil Rights and Civil Liberties Date June 15 2009 After hearing testimony on why the application of the executive state secret privilege needs to curtailed a House subcommittee passed the State Secret Protection Act but limited some appeals and sent it to the Judiciary Committee for further consideration Debate over a similar bill in the Senate has been repeatedly postponed Read more about State Secrets Protection Act Passes House Subcommittee on Constitution Civil Rights and Civil Liberties Constitution Project Reform Recommendations to Obama Transition Team Change Security Laws Impacting Charities and Foundations A joint effort by civil liberties human rights and nonprofit sector organizations coordinated by the Constitution Project has published its Liberty and Security Recommendations for the Next Administration and Congress It includes specific recommendations for Charities and Foundations The Introduction states Read more about Constitution Project Reform Recommendations to Obama Transition Team Change Security Laws Impacting Charities and Foundations Constitution Project Reform Recommendations to Obama Transition Team Change Security Laws Impacting Charities and

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process?type=All&page=6 (2016-02-16)
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  • Study Examines Zakat Organizations in Gaza (1973-2011) | Charity & Security Network
    Schaeublin argues that prior to 2007 these groups were effective in meeting the needs of local communities because of a depoliticized system of governance that was decentralized and allowed for local autonomy The findings from both this and the West Bank studies conclude that before the escalation of Hamas Fatah tensions in 2007 there was a mutually agreed implicit hands off policy largely preventing any of the movements from interfering with the committees Research shows that the system has since been compromised by the introduction of political actors and agendas The Centre on Conflict Development and Peacebuilding is the Graduate Institute s focal point for research in the areas of conflict analysis humanitarianism peacebuilding and the complex relationships between security and development 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 To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent

    Original URL path: http://www.charityandsecurity.org/studies/Study_Examines_Zakat_Organizations_Gaza (2016-02-16)
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  • Letter to President Outlines Reforms Needed to Protect U.S. Charities and Donors | Charity & Security Network
    places like Pakistan offset any charitable influence by violent extremists When disaster strikes and Americans give prominently then public opinion in the Middle East becomes more favorable towards Americans and not for violent extremist groups MA said To address these barriers the letter urges the President to Withdraw Treasury s Anti Terrorist Financing Guidelines Voluntary Best Practices for U S Based Charities This document has been widely criticized by the U S charitable sector for being ineffective in curbing unintentional assistance to terrorist groups and instead has hampered the delivery of critical humanitarian aid Pass an Executive Order that would require Treasury s Office of Foreign Assets Control OFAC to implement basic due process procedures for individuals and organizations labeled as a terrorist entity Release blocked charitable assets held indefinitely by Treasury to be used for their charitable purpose Have the Secretary of State waive the material support prohibition for technical advice and assistance training and personnel where intended for humanitarian purposes so that charities can deliver essential aid such as water and shelter Have the FBI amend the Domestic Investigations and Operations Guide DIOG to ensure that racial ethnic and faith communities are not targets for intelligence gathering and surveillance including collecting data on charities donors and charitable giving practices without suspicion that a crime is being committed Have Treasury and State create a single user friendly searchable database that combines all of their terrorist watchlists The letter also calls on Treasury to further engage with the U S charitable sector It says Despite intensive dialogue and the submission of multiple policy proposals by religious humanitarian and other nonprofit groups the administration has not yet substantively addressed these problems or changed any policy In June for example the U S Department of Treasury released U S Department of the

    Original URL path: http://www.charityandsecurity.org/news/Letter_to_President_Outlines_Reforms_Needed_to_Protect_Charities_and_Donors (2016-02-16)
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  • Charity & Security Network
    at End of Ramadan Recognizes Importance of Charities Date September 22 2009 On Sept 19 2009 President Obama issued a statement on the occasion of Eid ul Fitr the celebration marking the end of Islam s holy month of Ramadan It emphasized the important of charitable giving in Islam and said the administration is continuing its efforts to ensure that Muslims are able to fulfill their charitable obligations not just during Ramadan but throughout the year Read more about President s Statement at End of Ramadan Recognizes Importance of Charities Pages first previous 1 2 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 To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8 2016 New Budget Language Intended to Rein In Partner Vetting System January 21 2016 Over 100 Nonprofits Ask FATF to Revise Recommendation 8 January

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