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  • Study Finds Terrorist Listing Inhibits Peace Programs | Charity & Security Network
    assistance to a terrorist group could also be criminalized Much of the work peacebuilding groups do could run afoul of the U S law under the current definition of material support Haspeslagh identifies four primary roles of peacebuilding groups that could be impacted Understanding armed groups Influencing how armed groups see themselves Affecting armed groups strategic calculations Training armed groups in conflict resolution or negotiation Each role can contribute to help bring about peace The understanding role can help provide the bedrock of later peace talks Often diplomats or UN officials rely on peacebuilding groups ability to get on the ground knowledge of the drivers of a conflict The nongovernmental groups can also provide training to terrorist groups to help them pursue alternative methods of engagement in the political process Their work focuses on two important preconditions of peaceprocesses that are particularly hard hit by the impact of proscription onthe work of nongovernmental groups access in order to assess potential for peacebuilding and building trust in their neutral status necessary to go forward The study notes that government officials are not overly worried about navigating grey areas of the law as they feel protected by diplomatic immunity In contrast Haspeslagh notes that in many cases peacebuilding groups have simply moved operations into less contentious areas One example is the organization 3P Human Security which was forced to end demobilization and re integration programs for Taliban insurgents after its director became concerned about prosecution in the U S Another group The Carter Center stopped training Hamas leadership in conflict resolution after it grew concerned about the legal implications of doing so President Carter has criticized the U S law saying that the material support law which is aimed at putting an end to terrorism actually threatens our work and work of

    Original URL path: http://www.charityandsecurity.org/studies/Terrorist_Listing_Inhibits_Peace_Programs (2016-02-16)
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  • Analysis Overview and List of Topics
    State and USAID 9 PVS Flawed Assumptions about Effective Vetting of Humanitarian Activity 10 Issue Brief USAID Must Consider Alternative Vetting Approaches 11 In a Bad SPOT Why a Military Database for NGOs Is Impractical 12 Departments of Treasury State Analysis US National Terrorist Financing Risk Assessment 2015 Sets Stage for Review of Rules Impacting Nonprofit Organizations 13 Review of Legislative History Shows Treasury s Position on Frozen Charitable Funds Without Basis 14 A Comparison of Due Process Rights in Terrorist Designation Processes to the Charity and Security Network s Model 15 CSN Comments on Treasury s FAQ for Protecting Charitable Giving 16 Chart How Many Children Could be Helped if Frozen Charitable Funds Were Released 17 Selective Enforcement Charities Targeted for Harsher Sanctions 18 Analysis 2006 Treasury Dept Voluntary Anti Terrorist Financing Guidelines 19 The Disconnect U S Doesn t Follow the State Department s Guiding Principles on Non Governmental Organizations 20 More Analysis A License to Aid How Politics Delays Aid to Civilians in Conflict Zones 21 Material Support and the Need for NGO Access to Civilians in Need 22 Judges Application of Executive State Secret Privilege Limited 23 Legal Roadblocks for U S Famine Relief to Somalia Creating Humanitarian Crisis 24 Source URL http www charityandsecurity org Analysis Overview Links 1 http www charityandsecurity org Analysis Overview 2 http www charityandsecurity org resources type analysis amp tid All 3 http www charityandsecurity org analysis Obama Memo FactSheet Civil Society 4 http www charityandsecurity org background FATF What Nonprofits Need to know 5 http charityandsecurity org analysis Restrictive Laws How FATF Used to Justify Laws That Harm Civil Society 6 http charityandsecurity org analysis UN Counterterrorism Framework Key Programs and Tools 7 http www charityandsecurity org Summary USAID PVS 8 http www charityandsecurity org analysis CSN PVS Comments

    Original URL path: http://www.charityandsecurity.org/print/741 (2016-02-16)
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  • In a Bad SPOT: Why a Military Database for NGOs Is Impractical | Charity & Security Network
    record for contractors in Afghanistan and Iraq Why SPOT is Problematic for NGOs Requiring NGOs to supply intimate personal details about their international and local employees and volunteers to a military database is both dangerous and impractical SPOT was designed for military officials to manage their defense contractors and not for NGOs who often employ local civilians SPOT permanently stores detailed information about a defense contractor s personnel including but not limited to his her full name contact information email address passport data government ID number addresses for employer and next of kin and blood type Another SPOT category specifically asks which military operation the grantee is working for The majority of NGO staff operating in Afghanistan and Iraq is locally hired and do not possess the information required by SPOT International NGO staff may be hesitant to provide personal information knowing that it will be stored indefinitely and shared with other agencies and governments In places where both military and NGOs are independently providing relief services NGO managers forced to collect sensitive personal data for a government database may undermine their relationships with local actors The security of all NGO employees can be threatened if they are perceived by the local community to be an agent of the military Speaking at an event in May 2010 3 Deputy General Counsel for Save the Children USA Ellen Willmott shared her concerns about SPOT It is a military database It is owned operated maintained by the Department of Defense the US Army to be exact It is a database that is not confidential it is subject to sharing of information with other U S Government agencies including law enforcement foreign government agencies and the like We are being asked to input personal sensitive information of our staff the staff of sub

    Original URL path: http://www.charityandsecurity.org/analysis/In_a_Bad_SPOT_Why_Military_Database_for_NGOs_Is_Impractical (2016-02-16)
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  • The Disconnect: U.S. Doesn't Follow the State Department's "Guiding Principles on Non-Governmental Organizations" | Charity & Security Network
    and the counterterrorism laws and policies applied to U S nonprofits by the federal government This chart compares U S values against U S practice 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

    Original URL path: http://www.charityandsecurity.org/analysis/state_dept_principles_v_US_practices (2016-02-16)
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  • Litigation Overview and List of Key Cases
    Holy Land Foundation HLF HLF case summary A Material Support of Terrorism Case Results in Long Sentences for former Charity Officials 10 Summary The Fifth Circuit s Holy Land Foundation Decision 11 HLF Leaders Ask Court to Vacate Sentences HLF Not Included in Motion 12 Holy Land Foundation Leaders Seek New Trial Citing New Evidence 13 Publication of Unindicted Co Conspirator List Violated Due Process Rights 5th Circuit Court of Appeal Rules 14 Exhibits and Transcripts from the Second HLF Trial 15 Al Haramain v Bush Al Haramain v Bush case summary Trying to Hold the Executive Branch Responsible for Illegal Wiretapping 16 Al Haramain v Obama Summary U S Charity s Phones Were Illegally Wiretapped 17 Al Haramain v Treasury Al Haramain v Treasury case summary Successfully Challenging Treasury s Unlimited Power to Shut Down Charities 18 Summary of 9th Circuit Ruling that Treasury s Listing Procedures Are Unconstitutional 19 Care International Defendant Petitions U S Supreme Court 20 Convictions Reinstated for Boston Charity Officials 21 Child Foundation Oregon Charity Head Receives House Arrest for Violating Iran Sanctions 22 Chiquita Banana Double Standard Chiquita Fined Not Shut Down for Interactions with Terrorist Group 23 First Unitarian Church of Los Angeles v National Security Agency Overview of Nonprofit Lawsuit Against the NSA 24 Yassin A Kadi Challenging His Terrorist Designation Court Decisions on Due Process for Terrorist Listing Differ in EU U S 25 Source URL http www charityandsecurity org Litigation Overview Links 1 http www charityandsecurity org Litigation Overview 2 http www charityandsecurity org resources type litigation amp tid All 3 http www charityandsecurity org litigation HLP 4 http www charityandsecurity org analysis Experts Respond Supreme Court Ruling Humanitarian Law Project Case 5 http www charityandsecurity org litigation Summary Supreme Court Ruling Humanitarian Law Project 3A Advocacy Training in

    Original URL path: http://www.charityandsecurity.org/print/740 (2016-02-16)
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  • KindHearts Case Timeline | Charity & Security Network
    privileged information was also used and provided a three page summary of the classified evidence The OFAC letter provided no explanation of the specific charges it was considering against KindHearts or why it though the evidence supported a potential designation p 8 However it said KindHearts could present additional information before a final determination and that OFAC would forward any new non classified information for KindHearts response KindHearts Ongoing Attempted Defense at OFAC 2 2006 to 2 2008 OFAC denies license to allow KindHearts to use blocked funds to pay its attorneys 6 14 2007 KindHearts requests access to its own records now held by OFAC and the Department of Justice It also seeks access to the full classified record used by OFAC 6 25 2007 KindHearts sends OFAC a 28 page submission in which KindHearts attempted to in its words guess at and address OFAC s concerns It attached to that a 1369 page submission of supporting evidence OFAC never responded to this submission p 9 6 27 2007 KindHearts asks OFAC for declassification review of evidence used in blocking notice 8 10 2007 FAC agrees to conduct declassificaiton review and says it will give KindHearts 30 days to respond once material is provided Did not specify when review would be completed 8 13 2007 KindHearts requests further clarification of charges against it and an extension of time until forty five days after the completion of the declassification review KindHearts stated it needed the extension to receive meaningful process p 10 8 14 2007 OFAC denies KindHearts request for access to its own documents saying U S Attorneys Office prosecutors has most of them Ongoing OFAC claims it misplaced the June 25 2007 submission It does not however state what consituted misplacing how it happened or may have happened or when if ever and how it located the submission p 9 fn 4 4 2008 U S Attorneys Office provided KindHearts with an electronic copy of a subset of the seized documents but did so subject to stringent conditions Under a protective order KindHearts members and officers could not view the documentys without court approval and KindHearts counsel could not print or electronically copy and documents p 9 fn 3 8 16 2007 OFAC tells KindHearts it may contact employees in preparing a defense but any documents discovered are blocked property that cannot be used with a license from OFAC and counsel must give OFAC identifying information about it KindHearts counsel objects in letters in October and December 2007 12 26 2007 OFAC approves license allowing KindHearts counsel to receive copies of blocked documents necessary for them to provide legal services to KindHearts p 11 6 2008 OFAC changes policy on attorneys fees after consituttional challenge in another case allowing KindHearts to use a limited amount of frozen funds to pay for legal fees KindHearts Federal Court Challenge 10 9 2008 KindHearts files a complaint in Federal District Court in Ohio seeking a temporary restraining order and preliminary injunction

    Original URL path: http://www.charityandsecurity.org/litigation/KindHearts_Timeline (2016-02-16)
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  • Al-Haramain v. Bush Summary: Trying to Hold the Executive Branch Responsible for Illegal Wiretapping | Charity & Security Network
    using public records and statements Two American attorneys have decided not to appeal an Aug 7 2012 decision of the Ninth Circuit Court of Appeals that ruled although the U S government violated the Foreign Intelligence Surveillance Act FISA when it wiretapped their conversations with foreign clients without court approval it is protected from paying damages by the sovereign immunity doctrine A petition for rehearing was denied on Dec 5 2012 They will not appeal to the Supreme Court attorneys in the case said on Jan 3 2013 in order to limit the precedent set to the Ninth Circuit In an Aug 7 2012 decision the Ninth Circuit Court of Appeals ruled that although the U S government violated the Foreign Intelligence Surveillance Act FISA when it wiretapped two American attorneys without court approval it is protected from paying damages by the sovereign immunity doctrine This ruling was upheld in December 2012 In December 2010 a federal judge had ordered the government to pay nearly 2 5 million in legal fees and damages for unlawful surveillance of phone calls between leaders of the now defunct Al Haramain Islamic Foundation AHIF and its attorneys In March 2010 Chief Judge Vaughn Walker of the Northern Federal District of California had ruled the government s interception of telephone communications between AHIF lawyers Wendell Belew and Asim Ghafoor to be outside of the bounds of judicial scrutiny and in conflict with surveillance rules set by congress Lawyers for AHIF had asked the court to turn over AHIF s share of the damages to charitable organizations 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/background/ALHaramain_Bush_Summary_Hold_Executive_Branch_Responsible_Illegal_Wiretapping (2016-02-16)
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  • De-Risking and Financial Access Webinar: Recording Now Available
    Durner Analyst Global Center on Cooperative Security and co author Understanding Bank De risking and its Effects on Financial Inclusion 4 Liat Shetret Senior Fellow Global Center on Cooperative Security and co author Understanding Bank De rising and its Effects on Financial Inclusion Scott Paul Senior Humanitarian Policy Advisor Oxfam America Moderated by Kay Guinane Director Charity Security Network Report authors Vijaya Ramachandran and Tracey Durner discussed their respective reports on bank de risking in a webinar with commentary from Scott Paul of Oxfam America who will focus on the impact on the nonprofit sector The Center for Global Development report 5 concludes that efforts to curb money laundering and illicit terrorist financing have had unintended consequences internationally in particular for people and organizations in poor countries via remittances correspondent banking and humanitarian aid The Global Center on Cooperative Security report 6 found that bank de risking represents a market failure and that in clear instances of market failure either government or the public sector must intervene to re align market factors either through incentive programs or through enhanced regulatory guidance Both reports can be downloaded by following the links above Event Date Thursday January 7 2016 Source URL http

    Original URL path: http://www.charityandsecurity.org/print/1374 (2016-02-16)
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