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  • Charity & Security Network
    Date May 27 2015 Barriers to Cross Border Nonprofit Operations and The Role of the Financial Action Task Force Read more about The Financial Action Task Force What Nonprofits Need to Know Global NPO Response to FATF s Call for Comments on Best Practices Paper Revisions Date April 27 2015 Seventy nonprofit organizations NPOs from 28 countries submitted joint comments April 24 2015 on the draft Financial Action Task Force FATF Best Practices Paper BPP The comments stressed that the final Best Practices Paper should guide governments on how to take a risk based and proportional approach to protecting NPOs from terrorist abuse The Transnational Nonprofit Working Group on FATF Working Group hopes that a consultation process between FATF and the NPO sector can be formalized so that NPOs are not again put in the position of trying to comment in a short time frame on a draft that has not been made publicly available Read more about Global NPO Response to FATF s Call for Comments on Best Practices Paper Revisions Global NPO Response to FATF s Call for Comments on Best Practices Paper Revisions Date April 27 2015 Seventy nonprofit organizations NPOs from 28 countries submitted joint comments April 24 2015 on the draft Financial Action Task Force FATF Best Practices Paper BPP The comments stressed that the final Best Practices Paper should guide governments on how to take a risk based and proportional approach to protecting NPOs from terrorist abuse The Working Group hopes that a consultation process between FATF and the NPO sector can be formalized so that NPOs are not again put in the position of trying to comment in a short time frame on a draft that has not been made publicly available Read more Read more about Global NPO Response to FATF s Call for Comments on Best Practices Paper Revisions Global NPO Response to FATF s Call for Comments on Best Practices Paper Revisions Date April 27 2015 Seventy nonprofit organizations NPOs from 28 countries submitted joint comments April 24 2015 on the draft Financial Action Task Force FATF Best Practices Paper BPP The comments stressed that the final Best Practices Paper should guide governments on how to take a risk based and proportional approach to protecting NPOs from terrorist abuse The Working Group hopes that a consultation process between FATF and the NPO sector can be formalized so that NPOs are not again put in the position of trying to comment in a short time frame on a draft that has not been made publicly available Read more Read more about Global NPO Response to FATF s Call for Comments on Best Practices Paper Revisions FATF Releases Report on Terrorism Risks to Nonprofits Date July 17 2014 A report on the risks non profit organizations NPOs face from terrorist abuse was released in June 2014 by The Financial Action Task Force FATF The FATF an inter governmental body that makes recommendations for country level anti terrorist financing policy used over 100

    Original URL path: http://www.charityandsecurity.org/issue/Financial%20Action%20Task%20Force%20%28FATF%29?type=All&page=2 (2016-02-16)
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  • Charity & Security Network
    rights to freedom of peaceful assembly and of association is soliciting input for an upcoming report on civil society engagement with multilateral institutions The report seeks to assess the extent to which States facilitate or diminish civil society s involvement with multilaterals such as the UN and the Financial Access Task Force and will also assess how policies and practices by multilateral organisations impact positively or negatively the ability of civil society organisations to exercise their freedom of association Civil society organizations are strongly encouraged to send in their experiences positive and negative working with multilateral institutions A concept note and questionnaire provide background and specific questions to answer All comments for the report can be sent to info freeassembly net Read more about Input on Civil Society Engagement with Multilateral Institutions State Dept Report to Congress on Counterterrorism Programs Includes Assistance to Countries That Suppress Civil Society Date February 13 2014 The Department of State State submitted a short report to Congress on Feb 11 2014 that describes U S Read more about State Dept Report to Congress on Counterterrorism Programs Includes Assistance to Countries That Suppress Civil Society The Financial Action Task Force and Human Rights Date October 16 2013 The Financial Action Task Force FATF is an intergovernmental body that sets anti terrorist financing and anti money laundering standards that it uses to assess the adequacy of laws and regulations in nearly every country in the world Since 9 11 it has increased its focus on regulation of financial services and charities A PDF of this Factsheet is Available Here Read more about The Financial Action Task Force and Human Rights Obama says civil society is worth protecting UPI Date September 24 2013 Author UPI President Obama told the Civil Society Roundtable in New York Monday a civil society is worth protecting The round table met at the New York Hilton Hotel Midtown as conferees gathered for meetings at the United Nations Read more about Obama says civil society is worth protecting UPI FATF Releases Guidance for Complying with UN s Targeted Sanctions Regime Date July 12 2013 On June 28 2013 the Financial Action Task Force FATF released an updated guidance for governments implementing financial sanctions in line with the United Nations Security Council resolutions relating to curtailing terrorist financing FATF s Recommendation 6 calls on governments to freeze without delay the funds or other assets of entities designated by the UN Security Council under the al Qaida Taliban sanctions regime Security Council Resolutions 1267 1989 and Security Council Resolution 1373 Read more about FATF Releases Guidance for Complying with UN s Targeted Sanctions Regime FATF Incorporates Nonprofits Recommendations into Update of Best Practices Paper Date July 6 2013 The Financial Action Task Force FATF amended its Best Practices paper for governments to combat the abuse of nonprofit organizations NPOs by terrorists on June 25 that incorporates suggestions provided by a civil society working group The document is a limited update to reflect the need to

    Original URL path: http://www.charityandsecurity.org/issue/Financial%20Action%20Task%20Force%20%28FATF%29?type=All&page=3 (2016-02-16)
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  • Charity & Security Network
    that the regulatory measures FATF recommends for nonprofits can and are being used by repressive governments to suppress nonprofits The FATF is an international consortium of 36 countries that sets anti terrorist financing and anti money laundering standards used by 180 countries Read more about Updated International Anti Terrorist Financing Standards Problematic for Nonprofits Updated International Anti Terrorist Financing Standards Problematic for Nonprofits Date March 20 2012 On Feb 15 the Financial Action Task Force FATF approved revised recommendations that largely duplicate the problematic Special Recommendation VIII for the nonprofit sector focusing more on weapons of mass destruction corruption and tax crimes Published the same month a report from the Transnational Institute and Statewatch notes that the regulatory measures FATF recommends for nonprofits can and are being used by repressive governments to suppress nonprofits The FATF is an international consortium of 36 countries that sets anti terrorist financing and anti money laundering standards used by 180 countries Read more about Updated International Anti Terrorist Financing Standards Problematic for Nonprofits UN Counterterrorism Committee Says Anti Terrorist Finance Rules Should Not Harm Nonprofits Date November 29 2012 Efforts to combat anti terror finance should not interfere with the ability of civil society organizations to meet their obligations according to a statement issued at the conclusion of the Nov 20 2012 meeting of the United Nations CounterTerrorism Committee CTC on preventing terrorist financing Read more about UN Counterterrorism Committee Says Anti Terrorist Finance Rules Should Not Harm Nonprofits Pages first previous 1 2 3 4 5 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

    Original URL path: http://www.charityandsecurity.org/issue/Financial%20Action%20Task%20Force%20%28FATF%29?type=All&page=4 (2016-02-16)
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  • Frozen Funds Overview | Charity & Security Network
    Position on Frozen Charitable Funds Without Basis One Year After Cairo Speech Obama Needs to Address Charitable Problems Trick or Treat for Frozen Funds UK Court Rules Asset Freeze Process Exceeds Government Authority Foreign Legal Challenges to Terrorist Designation Prove Successful Nonprofits Call for Release of Frozen Funds for Humanitarian Efforts Resources Chart How Many Children Could be Helped if Frozen Charitable Funds Were Released Charity and Security Network 2008 Reform Proposals Principles and Procedures for Release of Frozen Funds for Charitable Purposes Legal Authority and Process of Office of Foreign Assets Control to Release Frozen Charitable Funds Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities 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

    Original URL path: http://www.charityandsecurity.org/Frozen_Funds_Overview (2016-02-16)
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  • Government Wins Ruling in Fight Over Holy Land Foundation Funds | Charity & Security Network
    proceedings as a result of Holy Land s 2008 conviction for providing financial support to Hamas The court rejected the argument by the Rubins that the Terrorism Risk Insurance Act TRIA supersedes the criminal forfeiture statute The Rubins filed a civil suit against Hamas for their injuries in the attack under the U S Anti Terrorism Act of 2001 in May 2002 and won a 214 5 million judgment on Sept 27 2004 In July 2004 before the end of their civil case the U S filed criminal charges against the Holy Land Foundation over two years after the Treasury Department shut it down and blocked its funds under Executive Orders 12947 and 13224 On Sept 24 2004 Treasury s Office of Foreign Assets Control OFAC issued a license that allowed the government to pursue forfeiture of Holy Land s assets This was four days before the Rubins won their civil judgment This sequence of events was central to the court s reasoning in finding that Holy Land s funds were not technically blocked as defined by TRIA at the time the Rubins judgment became effective because the license changed that status The license allowed the government to pursue restraining orders in order to preserve the assets for criminal forfeiture The court went on to say Notwithstanding the status of HLF s assets as blocked the government s receipt of a license from OFAC restrained those assets and permitted the government to proceed with the criminal forfeiture process p 12 As a result TRIA does not trump the criminal forfeiture statute 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

    Original URL path: http://www.charityandsecurity.org/news/Government_Wins_Ruling_Fight_Over_Holy_Land_Foundation_Funds (2016-02-16)
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  • Appeals Court Hears Appeal Over Distribution of Holy Land Foundation Funds | Charity & Security Network
    assets Just days before the Supreme Court denied the charity officials petition for appeal Click here for background and summary of the HLF case David Strachman an attorney for the bombing victims argued during the hearing that the Terrorism Risk Insurance Act of 2002 TRIA gives his clients priority over the government s claim under criminal forfeiture statutes After living through this ordeal and years of litigation they are caught in the web of exactly what Congress intended to remedy by enacting TRIA Strachman said Also speaking at the hearing an attorney for the Justice Department said the charitable assets seized by the government were earmarked for paying American victims of Hamas attacks and that Strachman gave no reason for this court to deem that disingenuous In the case of assets of a charity like HLF there are additional legal requirements that have not been included in the court proceedings as HLF was effectively dissolved by being put on the terrorist list Internal Revenue Service regulations require that the assets of a charitable group must be distributed solely for charitable or public purposes upon dissolution See 26 CFR 1 501 c 3 1 b 4 A state charity regulator such as the Attorney General could intervene to protect charitable assets but that has not happened in this case See Review of Legislative History Shows Treasury s Position on Frozen Charitable Funds Without Basis By taking the position that the assets should be distributed to victims of terrorism the government has identified a public purpose However it should also consider the interests of well intentioned donors who collectively donated tens of millions of dollars to help needy beneficiaries as well as the people in need of humanitarian aid that these donors intended to assist All are in their way victims of

    Original URL path: http://www.charityandsecurity.org/news/Appeal_Over_Distribution_HLF_Funds (2016-02-16)
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  • UK Court Rules Asset Freeze Process Exceeds Government Authority | Charity & Security Network
    must obtain approval for them from Parliament In addition it said the government lacked power to interfere so profoundly with individuals fundamental rights without parliamentary scrutiny The court also said the lack of fair process to challenge the basis of the asset freeze is problematic The opinion cited the August 2009 ruling bythe United States District Court for the Northern District of Ohio in the KindHearts case p 29 30 which upheld a challenge to a provisional determination under President Bush s Executive Order No 13224 on the ground that blocking access to its assets pending investigation was contrary to its Fourth Amendment right to be secure against unreasonable search and seizure The judge held that the Office s handling of KindHearts request for access to blocked assets to pay counsel s fees had been arbitrary and capricious without individualised consideration of the facts of the case The KindHearts case is still before the Ohio court which is considering what the appropriate remedy should be On Feb 5 lawyers for KindHearts filed a supplementary notice of authority informing the court of the UK decision Although UK law has no binding effect on U S courts the lawyers said the case may be of interest to the court because of the due process concerns raised The practical impact of asset freezes on the targeted individuals and their families was noted in the opinion which said the five men were limited to living on the equivalent of about 13 60 a week and had to get permission from the Ministry to drive their cars or buy groceries This court noted the effect is very burdensome The impact on normal family life is remorseless and it can be devastating The result is to effectively make them prisoners of the state In a related

    Original URL path: http://www.charityandsecurity.org/news/UK_Court_Rules_Asset_Freeze_Exceeds_Authority (2016-02-16)
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  • Nonprofits Call for Release of Frozen Funds for Humanitarian Efforts | Charity & Security Network
    its funds be transferred to the Palestine Children s Relief Fund In 2006 KindHearts for Charitable Humanitarian Development asked that its funds be spent on charitable works through the USAID program or any other nongovernmental organization and requested priority be given to refugees of the 2005 Pakistani earthquake since most of the funds had been earmarked for that purpose The letter from 20 organizations and two philanthropy experts notes that m ost of these funds come from relatively small donors who intended to provide food medical care shelter education and other basic needs to refugees people displaced by war or famine and others in need Many of these donors are Muslims whose giving fulfills a religious obligation Noting that humanitarian need continues to grow and substantial time has passed since many of the funds were frozen the letter calls on the Treasury Department to update its policy Under the Code of Federal Regulations the Treasury Department has the legal authority to release frozen funds pursuant to a special license application from the designated organization See 31 CFR 501 and 597 The recent letter specifies that funds should only be released when the governing body of the designated group makes such a request Where the group is no longer active and no legal owner of the funds can be identified the letter asks the Treasury Department to develop a process that will ultimately allow these funds to fulfill their charitable purposes The letter reflects growing concern over the chilling impact of Treasury Department policies on international grant making and charitable giving Donors may choose not to give because they cannot be certain that their contributions will reach those people and causes they seek to assist This chilling impact is most keenly felt by Muslim American communities where the religious obligation to

    Original URL path: http://www.charityandsecurity.org/news/charities_seek_meeting_frozen_funds_2006 (2016-02-16)
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