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  • The UK Charity Commission: Focus on Problem Solving, Program Beneficiaries
    forward The number one focus throughout any investigation is the beneficiaries The CC takes a risk based approach in dealing with any investigation of a charity While the charity is under investigation the CC allows operations to continue recognizing the essential need that the charity fulfills Digby said we recognize the vital role charities play both domestically and the wider global impact The CC has identified what they consider to be the most serious issues and areas of greatest risk for charities with significant financial loss to the charity and serious harm to beneficiaries ranking numbers one and two The CC s goal with any charity under investigation is to work with the trustees to resolve the issue providing guidance and following up at a later date When a case is more serious they move into a statutory inquiry under the Charities Act of 1993 If suggestions are made and the charity does not comply robust action is taken and the trustees board members can be removed In this case an interim trustee usually an NGO attorney is placed within the organization until the membership votes for a new trustee Charities can appeal any decision through a Charity Tribunal an independent committee made up primarily of lawyers and members of the sector This is a low cost means of appeal and fees are based upon a sliding scale The purpose of any investigation by the CC is to determine if there is misconduct or mismanagement and try to resolve the problem without affecting the work of the charity The outcome of any investigation is made public One example of a CC inquiry is the group Interpal a UK based charity that is designated as a terrorist organization in the U S but that has been cleared of that charge 3

    Original URL path: http://www.charityandsecurity.org/print/139 (2016-02-16)
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  • Proposals To Improve Licensing Process for Charity Programs
    rules on how or when OFAC must make a determination on a licensing request For years NGOs have found OFAC s licensing process to be confusing arbitrary and untimely especially in response to requests for conducting aid programs in places where assistance is urgently needed on a large scale The delayed response to the Somalia famine in 2011 is perhaps the clearest example of this Even though the famine was predicted months in advance OFAC did not issue a license until well after tens of thousands of people had already died of starvation Making matters worse the license was applicable only to aid groups who were grantees of the U S Agency for International Development USAID or UN agencies so all privately funded NGOs were excluded A May 2013 report 4 produced by the U S funded Famine Early Warning Network FEWSnet and the UN estimated that more than a quarter of a million people died during the Somali famine from October 2010 to April 2012 While many factors contributed to the massive death toll there is consensus that the humanitarian response to the famine was mostly late and insufficient the study concluded In Gaza NGOs face a number of restrictions on their work because Hamas a group classified as a terrorist group by the U S since 1997 is the elected government This makes providing aid to the thousands of civilians in the territory a significant challenge because any contact with Hamas even if it is solely for the purpose of facilitating the delivery of aid to civilians could be grounds for sanctions by the U S government To illustrate the hurdles facing aid groups working in the territory CSN has obtained a copy of a licensing request from a charity who sought limited contact with Hamas to facilitate

    Original URL path: http://www.charityandsecurity.org/print/1079 (2016-02-16)
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  • OFAC Licenses for Humanitarian Aid
    to engage in certain types of transactions specified by the license 7 According to OFAC a license is an authorization from OFAC to engage in a transaction that otherwise would be prohibited 8 OFAC issues two different types of licenses general licenses and specific licenses A general license authorizes a particular type of transaction for a class of persons without the need to apply for a license 9 A specific license is a written document issued by OFAC to a particular person or entity authorizing a particular transaction in response to a written license application 10 The Code of Federal Regulations CFR is the collection of regulations setting out how the executive branch will interpret the parts of the U S Code that Congress charged it with enforcing The CFR contains important elements of the legal framework for OFAC s operations including licenses The definitions contained in the CFR however do not necessarily further clarify the different types of licenses and what purpose they serve For instance 31 CFR 595 308 defines a license as any license or authorization contained in or issued pursuant to this part Equally general are the definitions of the two types of licenses general licenses and specific licenses For example 31 CFR 595 305 defines a general license as any license or authorization the terms of which are set forth in this part Specific licenses defined in 31 CFR 595 312 include any license or authorization not set forth in this part but issued pursuant to this part The issuance of licenses allows OFAC to fine tune its sanctions programs ensuring that those transactions consistent with U S policy are permitted 11 Executive Orders establishing sanctions programs will often include language authorizing these exceptions For instance characteristic language might state Except to the extent provided in licenses that may be issued pursuant to this order all property and interests in property of the following persons are blocked 12 How does a person or entity apply for a license Persons or entities seeking to engage in an otherwise prohibited activity may submit an application for a license to OFAC While OFAC does not provide standardized forms for most license applications guidance from OFAC s website states that license applications should include all necessary information as required in the application guidelines or the regulations pertaining to the particular embargo program 13 According to 31 CFR 501 801 applications for licenses must include all information specified by relevant instructions and or forms and must fully disclose the names of all parties who are concerned with or interested in the proposed transaction Furthermore OFAC asks that license applications include a detailed description of the proposed transaction including the names and addresses of any individuals companies involved 14 OFAC has issued guidance for NGOs on licensing requirements for sanctions programs concerning Sudan Burma Cuba and Iran That guidance provides additional information on the respective license application requirements for those sanctions programs 15 Applications for licenses in these countries tend to

    Original URL path: http://www.charityandsecurity.org/print/1071 (2016-02-16)
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  • Charity and Security Network 2008 Reform Proposals
    lists that include deadlines for agency decisions and appeal rights Support due process reforms for UN watch lists Generate specific due process reforms for sanctions action under the International Emergency Economic Powers Act IEEPA and improve the designation process to include due process protections and intermediate sanctions for charities and foundations Process recommendations include Cease and desist orders to charity from Treasury Opportunity to cure 60 90 days to sever a tie restructure a program fire employee etc Administrative hearing to challenge designation that includes cross examination ability to submit evidence etc Process for releasing funds to beneficiaries via another charity including a time limit on frozen funds Order the FBI Joint Terrorism Task Force and other federal agencies to cease surveillance of nonviolent U S organizations and order the new Attorney General to revise any guidelines that authorize surveillance on innocent Americans exercising their First Amendment rights to speech assembly and association Make U S national security laws and policies consistent with the Red Cross Code of Conduct for humanitarian aid See http www ifrc org publicat conduct code asp 3 Institute review of barriers to charitable programs created by national security laws including the narrow exceptions to prohibited material support and recommend ways to remove them Patriot Act reauthorization in Feb 2008 is one opportunity for reform The Dept of Justice should drop its legal opposition to the Humanitarian Law Project s human rights and conflict resolution training for the PKK and LTTE The Secretary of State should exercise his her power to grant exemptions for material support by establishing clear ongoing policy under current law using the humanitarian waiver or the general amendments to the statute Withdraw the Treasury Guidelines and establish suggested practices that include reasonable vetting procedures AND incorporate the Red Cross principles of the

    Original URL path: http://www.charityandsecurity.org/print/99 (2016-02-16)
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  • Send by email | Charity & Security Network
    audio verification Home page 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

    Original URL path: http://www.charityandsecurity.org/printmail/99 (2016-02-16)
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  • Model Policies for Fair Procedures for Listing and Delisting U.S. Charities
    to prevent their transfer out of U S jurisdiction it should allow the nonprofit 30 days to respond including obtaining counsel before any adverse action is taken d This notice requirement should apply to any subsequent allegations made by the USG 2 Legal representation It should not be necessary for a nonprofit receiving notice from the USG to obtain a license from Treasury to retain counsel or communicate with persons in possession of information necessary to formulate a response to the USG s specific allegations 3 Classified evidence If classified information serves as a basis for government action against the nonprofit the following provisions apply a NOTICE Within 10 days of any government action against a nonprofit the USG should provide the nonprofit with fair notice of the classified information at issue b OPTIONS FOR NONPROFIT VIEWING AND USE OF CLASSIFIED INFORMATION Upon receipt of notice from the USG that classified information is at issue in the investigation the nonprofit may opt to follow one of the following procedures i ATTORNEY WITH SECURITY CLEARANCE The nonprofit may request that in lieu of its access to the classified information the USG allow its attorney with the appropriate security clearance to access the classified information Such counsel will participate in the review of classified information to determine disclosure issues If the nonprofit hires an attorney with security clearance to access to classified information the attorney may share specified documents with the client upon a particularized showing of the need to share documents with a client The USG should consider whether specified documents are essential for client review and in such cases consider declassification of the documents or find a substitute means to allow the nonprofit to review the essential information ii SUBSTITUTION OF CLASSIFIED INFORMATION In lieu of an attorney with security clearance viewing classified evidence the nonprofit may request the substitution for such classified information of a statement admitting relevant facts that the specific classified information would tend to prove or the substitution for such classified information of a summary of the specific classified information The summary must be sufficiently detailed to allow the nonprofit to put forth a meaningful legal response 7 c ORGANIZATIONS OWN DOCUMENTS NOT CONSIDERED CLASSIFIED Documents created by the nonprofit or obtained from the nonprofit s records should be accessible to it d RIGHT TO EXCULPATORY INFORMATION Whenever the USG determines that classified information may be disclosed in connection with government action it should provide the nonprofit with the information in its possession that can be used to rebut the classified information The USG should be under a continuing duty to disclose such rebuttal information e ANONYMOUS WITNESSES The USG should corroborate any evidence provided by anonymous witnesses before it may base adverse action on such evidence f RELIEF FOR NONPROFIT WHEN USG OPPOSES DISCLOSURE If the USG declines to disclose information under the process outlined above after an investigation or adverse government action is initiated and after notice of that classified information is at issue

    Original URL path: http://www.charityandsecurity.org/print/463 (2016-02-16)
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  • Power Point of Proposed Policy Reforms
    Reforms 1 This power point 2 reviews the Charity and Security Networks proposed model policies for national security laws applied to charities aid development and other nonprofit organizations To view it click on the file attachment below It will make a download box in the lower left corner of your screen Click on it to open Source URL http www charityandsecurity org solution CSN Proposal Summary Links 1 http www

    Original URL path: http://www.charityandsecurity.org/print/275 (2016-02-16)
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  • Proposals from Muslim Advocates
    that ensure frozen charitable funds are spent for charitable purposes State 1 use its authority under 18 USC 2339B j to waive the material support prohibition for technical advice and assistance training and personnel where intended for humanitarian purposes and not used to carry out terrorist activity in order to ensure that well intentioned charities can deliver essential aid Homeland Security 1 stop customs agents from asking international travelers questions

    Original URL path: http://www.charityandsecurity.org/print/191 (2016-02-16)
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