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  • Principles and Procedures for Release of Frozen Funds for Charitable Purposes
    based on their specific standards for charitable works in the Palestinian Authority The guidelines are online at http www treas gov offices enforcement ofac programs terror ns pal guide pdf 2 and are as follows Assistance projects for critical food health or welfare aid that is distributed from Palestinian Authority run facilities such as schools hospitals and clinics In kind donation of medicines medical supplies and medical devices to hospitals clinics or other health care facilities owned or operated by the Ministry of Health Donated medical services in the West Bank and Gaza involving the Ministry of Health Goods and services related to disease eradication Dealings with universities and other educational institutions in the West Bank and Gaza Goods and services relating to education including teaching in the West Bank and Gaza Provision to and receipt from the Palestinian Authority of informational materials Small scale water projects in the West Bank and Gaza for the benefit of municipalities not controlled by a Hamas mayor and or a Hamas majority in the municipal council Treasury indicates that favorable treatment is more likely if the application meets these conditions a compelling case exists that there is no practical means to achieve the desired humanitarian goal outside of the proposed transactions with the Palestinian Authority the activities are designed to benefit directly persons in the West Bank and Gaza under circumstances in which notwithstanding the practical need to involve the Palestinian Authority the activities will not be subject to the control of the Palestinian Authority other than for routine administrative approvals the activities will not provide any significant material benefit including technical advisory assistance to the Palestinian Authority The U S Government also will look favorably on those projects and activities that provide humanitarian goods or services and activities that will stimulate private

    Original URL path: http://www.charityandsecurity.org/print/95 (2016-02-16)
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  • Constitution Project Reform Recommendations to Obama Transition Team: Change Security Laws Impacting Charities and Foundations
    aid and services Rather than distributing aid on the basis of where the need and potential for positive impact are greatest current counterterrorism measures have caused some nonprofits to avoid the very global hotspots that would benefit the most from their work Indeed in some cases these measures have damaged charities relationships with the communities they serve damaging the international goodwill and promise for stability that these relationships had helped to create These laws are the Antiterrorism and Effective Death Penalty Act AEDPA of 1996 amended by the USA PATRIOT Act which bars material support for terrorism and the International Emergency Economic Powers Act IEEPA which allows the government to designate U S charities as supporters of terrorism based on secret evidence and lacks due process protections Funds of designated charities are frozen indefinitely i Specific recommendations include Improve the national security regulation of charities by ending the use of the International Emergency Economic Powers Act IEEPA to regulate charities and allowing the Department of State to develop a more effective and appropriate framework Withdraw the Treasury Department s ineffective Guidelines and replace with real guidelines that help charities continue to meet critical needs while ensuring their scarce resources are

    Original URL path: http://www.charityandsecurity.org/print/100 (2016-02-16)
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  • Appeals Court Says Charity's Challenge to Warrantless Wiretapping Can Proceed
    standing purposes FISA defines an aggrieved party as the target of an electronic surveillance or one whose communications or activities were subject to electronic surveillance 50 USC 1801 k Nearly four dozen other cases 4 challenging the legality of NSA s warrantless surveillance program have been dismissed for lack of standing because the plaintiffs were unable to produce the necessary evidence to demonstrate the privacy rights of U S citizens had been violated DOJ continued to argue that the Al Haramain case should be dismissed because of the state secrets privilege appealing to the Ninth Circuit Court of Appeals In November 2007 the court sent the case back to the District Court to determine whether FISA s provisions protecting aggrieved persons supersedes the state secrets privilege In July 2008 the District Court held the FISA provisions govern but required Al Haramain to show it was an aggrieved party using non classified evidence Al Haramain then filed an amended complaint using public record statements of various government officials to show it was targeted for warrantless surveillance DOJ moved to dismiss and Plaintiff s filed discovery motions to proceed with the case Treasury designated Al Haramain as a supporter of terrorism in 2004 effectively shutting it down by freezing its assets In a separate case Al Haramain has challenged the constitutionality of the designation process saying it deprives charities of an opportunity to contest the basis of the designation In November 2008 a federal court agreed 5 ruling that the process violated basic due process rights The judge also ruled that the definition of material support of terrorists is constitutionally vague The judge ordered further proceedings on the consequences of the due process violation The Jan 5 2009 Ruling by the District Court Allows Judge to View Document Attorneys to View Judge s Orders The Jan 5 2009 District Court ruling said Al Haramain s amended complaint recites in considerable detail a number of public pronouncements of government officials about the Terrorist Surveillance Project TSP and a sequence of events pertaining directly to the government s investigations of Al Haramain Oregon These included an October 2007 speech by FBI Deputy Director John S Pistole to the American Bankers Association and American Bar Association that was posted on the FBI website In it he said the FBI used surveillance in connection with Treasury s 2004 investigation of Al Haramain DOJ had argued that the court could only allow Al Haramain s suit to proceed if the government admitted to the surveillance which it has not done in court filings The court disagreed saying it must interpret FISA in a way that does not make the process for aggrieved parties superfluous To do this it said Al Haramain s non classified evidence must establish a reasonable inference that the surveillance occurred in order to have standing to proceed to trial DOJ said this approach would open a floodgate of litigation but the court said this is unlikely given the specific nature of non classified

    Original URL path: http://www.charityandsecurity.org/print/15 (2016-02-16)
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  • Activist Turned Informant Leads to Two Arrested
    case against Bradley Crowder 22 and David McKay 23 He announced his involvement in a letter sent to Indymedia org where he stated I have chosen to work with the Federal Bureau of Investigations He told the New York Times that he provided information leading to the arrest of McKay and Crowder and planned on testifying at their trial scheduled to start January 26 Neither the FBI nor the U S Attorney s Office in Minnesota has commented on Darby s announcement or activities A group of Austin Activists the Austin Informant Working Group AIWG has reviewed over 70 pages of FBI documents regarding alleged actions at the RNC According to the documents Darby worked as an FBI informant from as early as February of 2007 almost a year prior to meeting either McKay or Crowder AIWG believes that Darby was not seeking to prevent violence but rather sought out people he could manipulate and entrap Gabby Hicks an activist who was with Darby in St Paul during the convention remembers Darby as a seasoned activist had a lot of sway over Crowder and McKay making them susceptible to his often militant rhetoric Others remember Darby s discord and aggression from anti war campaigns in 2003 and protests against Halliburton Having been an activist in the Austin area for years many are surprised and angered by Darby s actions He s betrayed the trust of the community said Lisa Fithian a social justice activist A friend of Darby s Scott Crow said It s heartbreaking and shocking It s shaken me to my core that somebody this close to me had been informing on me and others While not all of Darby s actions are fully known he has admitted to monitoring and gathering information on people engaged in lawful

    Original URL path: http://www.charityandsecurity.org/print/17 (2016-02-16)
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  • House passes Bill Creating Right to Contest Placement on Watch Lists
    individuals who believe they were delayed or prohibited from boarding a commercial aircraft or denied a right benefit or privilege because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration TSA or any office or component of the Department Previously persons included on government watch lists have had little or no recourse for clearing their names or being removed from the list The bill defines a terrorist watchlist or database as any used by the Transportation Security Administration or any office or component of the Department of Homeland Security or specified in Homeland Security Presidential Directive 6 in effect as of the date of the enactment of this section This includes more than public lists of designated terrorists or their supporters reaching to no fly lists and databases used by law enforcement to collect information on lawful protesters The bill requires the new DHS to create an Office of Appeals and Redress which must create a timely and fair process within 30 days of enactment for individuals denied boarding rights on an airplane or other rights or benefits It also requires the DHS to create a Comprehensive Cleared List that will identify people who have been removed from the list If the individual agrees this information can be shared with other federal agencies state local and tribal governments and airlines A report to Congress detailing implementation and compliance would be required 240 days after enactment In a Feb 4 press release from the ACLU 4 Senior Legislative Counsel Timothy Sparapani said Representative Clarke s bill is significant in that it provides the individual with a means of seeking redress through appeal and those erroneously caught up in the web of watch lists will be well served However the

    Original URL path: http://www.charityandsecurity.org/print/19 (2016-02-16)
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  • Future Unclear for Pakistani Charity's Services after UN Listing as Terror Supporter
    down the charity Assets of the group were frozen leaders were jailed and several of the charity s offices and medical centers were seen with locks on their doors On Jan 16 Pakistani Interior Minister Rehman Malik told the press 2 that the charity s offices 94 schools two libraries and six websites were targeted for closure by the government The government has also ordered banks to freeze assets of the charity As one of the main providers of relief aid in the Kashmir region JuD had been delivering humanitarian and medical services to thousands without food water and shelter after the October 2008 earthquake devastated the region People are suffering because of the ban on Jamaat ud Dawa Abdul Basir mayor of a town devastated by the quake told Agence France Presse 3 Thousands of quake victims were being fed at the Jamaat relief camp twice a day and now it is closed he added Responding to reporters questions 4 on Jan 31 about the status of JuD medical facilities Chief Minister Mian Shahbaz Sharif said charity schools and hospitals will not be closed down as these are rendering humanitarian services to the destitute The charity had planned on building 600 new homes in the area damaged by the quake but has suspended the construction The work was half finished it is totally stopped now and people are shivering in the extreme cold Basir said The head of JuD Hafiz Mohammad Saeed was reported to be under house arrest He has denied the charity s involvement in the attacks In response Saeed s arrest a spokesman for JuD has said they are preparing an appeal in the Lahore High Court against the detention of Saeed and that JuD has no has no relations with al Qaeda or the Taliban

    Original URL path: http://www.charityandsecurity.org/print/20 (2016-02-16)
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  • US Designation Causes British Bank Discontinuing Services to UK Approved Charity
    continues to raise money for Palestinians in need throughout the Middle East They held an event 2 in London on Dec 1 2008 honoring Karen AbuZayd the Commissioner General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East UNRWA Members of the English Parliament were in attendance to hear AbuZayd say that she was happy to be working with Interpal and praise their critical donations to UNRWA Trustees of the charity and representatives from the British Treasury met in late December 2008 to discuss the refusal of Lloyds TSB to reopen the account Lord Myners the financial services secretary for the Treasury and the charity s Trustees were unable to change Interpal s status A spokesman for the charity said All levels of the government know about the situation but still nothing is being done However a breakthrough did occur that may improve the charity s ability to remain active The Islamic Bank of Britain found an alternative method for transferring funds overseas for Interpal that does not require the services of Lloyds Early reports indicate that the new system is operational and aid is slowly trickling back into the region Interpal s website 3 reports We would like to reassure our donors that our aid is being delivered to our areas of operation thanks to our local partners The backlash to the account closure has been severe Lloyds has faced a series of petitions and protests 4 in response to its actions On Jan 17 over sixty nonviolent protesters 5 gathered in front of a Lloyd s branch office in Bristol England They held signs repeated slogans and laid boxes of blood soaked dolls on the steps on the bank The dolls represented the people who died while being denied aid caused by

    Original URL path: http://www.charityandsecurity.org/print/21 (2016-02-16)
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  • Foreign Legal Challenges to "Terrorist" Designation Prove Successful
    been labeled as such by the European Union According to a Yousef al Aqsa Spannmal collects donations to be sent to children living in the West Bank and Gaza The Swedish Court discredited much of the evidence the prosecution presented as having very low value being based on newspaper articles television reports book excerpts and websites The Court also expressed that the terrorist designations by Israel of groups the al Aqsa Spannmal had sent money to held no importance The charges led to over 150 000 worth of donations collected by the group frozen by the United States and Britain According to SR International 3 the acquittal should begin the process of freeing up the money This would be an unprecedented release of frozen funds in similar cases The lawyer for al Yousef said Now the work of sending money to children can continue In the U S a Saudi businessman filed a lawsuit 4 on Jan 20 2009 in Washington D C district court seeking to have his name removed from a U S government watch list of al Qaida financiers al Qadi denies any involvement in financing any terrorist organization The lawsuit was filed after several unsuccessful attempts to have this issue resolved with the U S government al Qadi said during a phone interview 5 with the AP We discovered that the government had no intention to remove my name from the list Designated as a terrorist on Oct 12 2001 under President Bush s Executive Order 13224 al Qadi has had several countries and the U N freeze his assets and money He has been presenting his case successfully in courts across Europe and in Sept 2008 he won an appeal in front of the Court of Justice the EU s highest court Al Qadi is

    Original URL path: http://www.charityandsecurity.org/print/23 (2016-02-16)
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