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  • Resources | Charity & Security Network
    is genuinely of a terrorist nature Read more about HRW Counterterrorism and Human Rights Abuses CRS on U S Aid to West Bank and Gaza Date July 10 2012 According to 2012 Congressional Research Services CRS report on U S Foreign Aid to the Palestinians the aid is intended for preventing terrorism and meeting humanitarian needs and preventing further destabilization particularly in the Gaza Strip Where these two priorities intersect is subject to a host of vetting and oversight requirements and legislative restrictions The report calls on Congress to evaluate and assess future aid programs and their oversight vetting monitoring and evaluation requirements Read more about CRS on U S Aid to West Bank and Gaza ODI Negotiating Humanitarian Access Date July 9 2012 Even in hostile operating environments humanitarian actors engage with armed non state actors ANSAs to negotiate access to civilians in order to alleviate suffering and improve the protection says a June 2012 policy paper from the Overseas Development Institute ODI Identifying the obstacles to and opportunities for humanitarian dialogue with ANSAs Talking to the other side Humanitarian engagement with armed non state actors finds restrictions created by counterterrorism measures have been distinctly damaging to humanitarian action in places like Afghanistan Somalia and Pakistan The report s authors call for increased support in facilitating productive humanitarian dialogue with ANSAs from donor states and the United Nations Read more about ODI Negotiating Humanitarian Access Report Counterterrorism Laws Conflict with Humanitarian Action in Disaster and Conflict Zones Date June 27 2012 An article in the September 2011 issue of the International Review of the Red Cross identifies how humanitarian contact with listed terrorist groups for the purpose of reaching and protecting vulnerable civilian populations is prohibited by the United States and the United Nations Security Council Humanitarian engagement under counter terrorism a conflict of norms and the emerging policy landscape argues that these prohibitions foster an environment where aid groups are fearful their humanitarian action will result in criminal prosecution or lead to closure of the organization As a result many have begun scaling back operations in places deemed too legally risky Read more about Report Counterterrorism Laws Conflict with Humanitarian Action in Disaster and Conflict Zones HSPI The Future of Terrorism Finance Date June 25 2012 The evolving nature of how terrorists finance their operations makes it important to evaluate the strengths and weaknesses of anti terror finance strategy To that end the June 2012 Issue brief from the Homeland Security Policy Institute The Next Decade of Countering Threat Finance Risks Opportunities and Limitations identifies where terrorists commonly raise their funds and likely sources of future threats Read more about HSPI The Future of Terrorism Finance CRS Report on White House s Strategy for Countering Violent Extremism Date June 12 2012 A May 2012 Congressional Research Services CRS report examines the Obama Administration s domestic countering violent extremism CVE strategy Announced in August 2011 the strategy was further outlined in the White House s Strategic Implementation Plan for

    Original URL path: http://www.charityandsecurity.org/resources?type=All&tid=All&page=12 (2016-02-16)
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  • Treasury Posts Risk Matrix for Charities | Charity & Security Network
    conduct overseas charitable activity due to the increased risks associated with international activities The Introduction notes that the matrix is not a comprehensive list and in a footnote says it is not mandatory Instead another footnote recognizes that charities and their grantees differ from one another in size products and services sources of funding the geographic locations that they serve and numerous other variables However the burden is on charities to determine the best approach since Treasury has no safe harbors or specific measures that protect against sanctions which include asset seizure Instead the footnote says Treasury addresses every violation in context taking into account the nature of a charity s business the history of the group s enforcement record with OFAC the sanctions harm that may have resulted from the transaction and the charity s compliance procedures The matrix lists 11 factors according to whether they constitute a low medium or high risk of diversion of funds to terrorists The factors are specificity of stated purpose and expenditures written grant agreement with safeguards references history of legitimate activities due diligence by grantor including on site review and audits documentation size of fund disbursements availability and use of a reliable banking system suspension procedures and location of charity s work U S only international conflict areas In footnote 4 Treasury notes that the matrix should be applied to sub grantees to the extent reasonably practicable Treasury cites the American Bar Association s ABA 2003 comments in IRS Announcement 1003 29 Regarding International Grant Making and International Activities by Domestic 501 c 3 Organizations as a resource in development of the matrix However the passage of time and subsequent experience may well have changed the ABA s views In addition nonprofits participating in the Treasury Guidelines working group which published Principles

    Original URL path: http://www.charityandsecurity.org/background/Treasury_risk_matrix_ (2016-02-16)
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  • Resources | Charity & Security Network
    Voluntary Anti Terrorist Financing Guidelines Report Muslim Charities and the War on Terror 2006 Date May 11 2009 March 2006 report Since the 9 11 terrorist attacks U S based charities have become targets in the government s war on terror financing Despite the implications for all domestic nonprofit organizations the lion s share of the burden of increased scrutiny suspicion and pre emptive action has fallen on Muslim groups This report lists issues that the charitable sector and the public must address in order to correct an unfair process and make the war on terror most effective Read more about Report Muslim Charities and the War on Terror 2006 Collateral Damage How the War on Terror Hurts Charities Foundations and the People They Serve Date May 11 2009 This paper published in July 2008 is the result of collaborative research conducted by OMB Watch and Grantmakers Without Borders We believe charities in the United States and throughout the world play a key role in democratic systems by giving citizens a vehicle for participation providing tools and information that help people get involved and delivering assistance to those in need Read more about Collateral Damage How the War on Terror Hurts Charities Foundations and the People They Serve Judges Application of Executive State Secret Privilege Limited Date May 11 2009 On April 28 2009 the U S Court of Appeals for the Ninth Circuit rejected the Obama administration s claim that a lawsuit involving extraordinary rendition must be dismissed for national security reasons The three judge panel s unanimous decision said the federal government could not assert the State Secret privilege to throw out an entire civil case prior to the discovery phase Read more about Judges Application of Executive State Secret Privilege Limited Safeguarding Charities in the War on Terror Date May 11 2009 Since the 9 11 terrorist attacks federal measures intended to cut off terrorism funding have imposed undue burdens on the nonprofit sector This report addresses unbalanced anti terrorist financing regulations and guidelines and suggests a clear sensible system under which nonprofit organizations and foundations can pursue legitimate charitable activities Download the full report Read more about Safeguarding Charities in the War on Terror Exhibits and Transcripts from the Second HLF Trial Date April 9 2009 The attorneys for the Holy Land Foundation have released several exhibits and portions of transcripts from the recent trial The documents listed below contain evidence supporting the defendants argument that USAID continued to support the same groups hospitals and programs targeted by the government To view the exhibits or transcripts please click on the links Read more about Exhibits and Transcripts from the Second HLF Trial March 20 2009 Panel Event Friend Not Foe How the Work of Charities Counters Terror Date March 20 2009 Friday March 20 2009 Zenger Room at the National Press Club Read more about March 20 2009 Panel Event Friend Not Foe How the Work of Charities Counters Terror Explanation and Implications of the USAID

    Original URL path: http://www.charityandsecurity.org/resources?type=All&tid=All&page=21 (2016-02-16)
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  • Resources | Charity & Security Network
    Humanitarian Crisis Date March 2 2012 A January 2012 report compiled by Islamic Relief Worldwide the Organization on Islamic Cooperation The Humanitarian Forum and the Turkish Red Crescent gives concrete recommendations to the international community to better address the crisis in Somalia The report tells the stories of four families living in the Korsan camp near Mogadishu and places them in a wider context of the complex aid environment of Somalia Read more about Report 10 Ways the International Community Can Address Somalia s Humanitarian Crisis Two Law Review Articles Criticize Impact of Holder v Humanitarian Law Project Date March 1 2012 Two recent law review articles take a critical look at the Holder v Humanitarian Law Project Supreme Court decision Humanitarian Law Project and the Supreme Court s Construction of Terrorism by Wadie E Said criticizes the Court for upholding the government s ban on material support of terrorism even when the support is intended for humanitarian assistance or peacebuilding Read more about Two Law Review Articles Criticize Impact of Holder v Humanitarian Law Project Two New Reports Homegrown Terror Threat Exaggerated Date February 15 2012 Two new reports seperate the facts and myths surrounding claims of the increasing home grown terror threat which columnist Glenn Greenwald has called wildly exaggerated to the point of pure fabrication Read more about Two New Reports Homegrown Terror Threat Exaggerated Inaction and Delayed Response to Famine Cost Thousands of Lives Date February 1 2012 Despite early warning signs many months in advance the international response toward the 2011 2012 famine in the Horn of Africa region has been inadequate to meet the needs of nearly 13 million people at risk says a January 2012 report from Oxfam and Save the Children A Dangerous Delay says the scale of death and suffering and the financial cost could have been reduced if warnings from 2010 had triggered an earlier more substantial response The report calls on governments donors the UN and NGOs to adopt different response strategies to future emergencies by managing the risks not the crisis This means orchestrating meaningful action partly based on information learned through early warning systems and tackling the root causes of vulnerability through long term development strategies Read more about Inaction and Delayed Response to Famine Cost Thousands of Lives U S Charity Shut Down by Treasury Goodwill Charitable Organization Inc Date January 26 2012 FBI agents raided the offices of Michigan based Goodwill Charitable Organization Inc after Treasury listed it as a front group for Hizballah on July 24 2007 No criminal charges were filed against the charity or its leaders for allegedly supporting the Iranian Martyrs Foundation Read more about U S Charity Shut Down by Treasury Goodwill Charitable Organization Inc U S Charity Shut Down by Treasury Holy Land Foundation Date January 26 2012 In December 2001 the FBI raided the Texas office of the Holy Land Foundation HLF freezing approximately 5 million in assets and seizing documents and other property OFAC listed HLF as

    Original URL path: http://www.charityandsecurity.org/resources?type=All&tid=All&page=14 (2016-02-16)
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  • Resources | Charity & Security Network
    that instead of trying to avoid risk donors should accept and manage the risks associated with building more effective partnerships To navigate these risks nine suggestions for donors are offered Manage the corruption risk Read more about Oxfam America Report Managing Donor Risk when Building Partnerships News Index for Somali Famine October 2011 to January 2012 Date January 17 2012 This index provides summaries of news articles from October 2011 to January 2012 on the responses of humnitarian organizations governments and others to the widespread famine in Somalia In July 2011 famine was declared in several regions of Somalia Click on the headings below to see the full articles Read more about News Index for Somali Famine October 2011 to January 2012 NGOs Explain How USAID s Partner Vetting System Hurts Humanitarian Action Is Contrary to U S Interests Date January 14 2012 Below are excerpts from comments written by a diverse range of nonprofits and experts in response to two Federal Register announcements inviting comment on the burdens USAID s Partner Vetting System PVS would impose on its grant applicants one from the Department of State Oct 2011 and USAID Dec 2011 PVS would require NGOs receiving USAID funds to collect personal information on local partners for submission to the U S government If implemented the proposed PVS pilot would create hazards for aid workers and undermine program effectiveness It will prevent some potential grantees from applying for funds and will hamper the efforts of others to deliver services and programs that serve the best interests of the United States Read more about NGOs Explain How USAID s Partner Vetting System Hurts Humanitarian Action Is Contrary to U S Interests U S Muslim Charities and The War on Terror A Decade in Review Date December 21 2011 A December 2011 report published by the Charity and Security Network U S Muslim Charities and the War on Terror A Decade in Review examines the challenges American Muslim charities have faced since 9 11 and how they have successfully responded The report is an update to the OMB Watch March 2006 report Muslim Charities and the War on Terror Top Ten Concerns and Status Update The update summarizes action by the U S government to shut down American Muslim charities since 2006 and gives updates on the status of litigation and other efforts by charities It also details the unwarranted government investigation and surveillance of Muslim communities and charities The report concludes by examining how the American Muslim charitable sector has addressed government scrutiny by implementing rigorous due diligence procedures and educating politicians and the public to combat Islamophobia Read more about U S Muslim Charities and The War on Terror A Decade in Review Summary The Fifth Circuit s Holy Land Foundation Decision Date December 20 2011 Author By Alan R Kabat Bernabei Wachtel PLLC On December 7 2011 the U S Court of Appeals for the Fifth Circuit issued its long anticipated decision in the Holy Land Foundation prosecution

    Original URL path: http://www.charityandsecurity.org/resources?type=All&tid=All&page=15 (2016-02-16)
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  • Resources | Charity & Security Network
    still too few in number Read more Read more about Why Talking Peace is Essential and Why it is Threatened Wrong Way Another Treasury Myth about U S Charities Busted Date October 17 2011 The Department of Treasury has continuously mischaracterized international U S charities as a national security threat since 2001 In his 2010 testimony before Congress Daniel L Glaser the Deputy Assistant Secretary of Terrorist Financing and Financial Crimes at Treasury said that charities were an attractive target for terrorist organizations because u nlike for profit organizations charitable funds are meant to move in one direction only Accordingly large purported charitable transfers can move without a corresponding return of value Read more about Wrong Way Another Treasury Myth about U S Charities Busted Treasury s Listing Procedures are Unconstitutional 9th Circuit Rules in Al Haramain v Treasury Date October 4 2011 In June 2012 the U S Solicitor General decided not to file a request for Supreme Court review of the Ninth Circuit Court of Appeals ruling in Al Haramain v Treasury That ruling upheld a lower court ruling that procedures used by the Department of Treasury to shut down the Al Haramain Islamic Foundation of Oregon AHIF OR in 2004 are unconstitutional On Feb 27 2012 the Ninth Circuit Court of Appeals denied a Department of Justice petition asking for re hearing of its Sept 23 2011 decision in Al Haramain et al v Treasury et al The opinion made an amendment to the September 2011 opinion by clarifying it only applied to the facts in the case of Al Haramain of Oregon and did not address other scenarios raised by Justice A summary of the original opinion is here Read more about Treasury s Listing Procedures are Unconstitutional 9th Circuit Rules in Al Haramain v Treasury Excerpts from Secretary Clinton s Remarks on a Smart Power Approach to Counterterrorism Date October 3 2011 Speaking at the John Jay School of Criminal Justice in New York on Sept 9 2011 Secretary of State Hillary Clinton reviewed the past decade of counterterrorism activity and articulated the Obama Administration s multi layered strategy for addressing violent extremism Text and video Below are excerpts emphasis added from her speech related to Read more about Excerpts from Secretary Clinton s Remarks on a Smart Power Approach to Counterterrorism Wikileaks Exposes Trove of Insight on U S Government Counterterrorism Rules and Charities Date October 3 2011 On Sept 1 2011 a searchable archive of over 250 000 unredacted U S State Department cables became available on the internet The publication of the cables expanded a window on American diplomacy that first opened in November 2010 when Wikileaks and several international news organizations started publishing selected cables The Charity Security Network has scanned though thousands of the cables for any discussion about issues affecting U S charitable activities Read more about Wikileaks Exposes Trove of Insight on U S Government Counterterrorism Rules and Charities Terrorist Trial Report Card 2001 2010 Date September 21

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  • Resources | Charity & Security Network
    to be held in case victims of terrorism file suit against the shut down charities Since that has only happened in one case the rest of the funds remain frozen indefinitely The Charity and Security Network undertook research of the Congressional Record and the law and found no evidence to support Treasury s position This memo describes the outcome of that research in detail Read more about Review of Legislative History Shows Treasury s Position on Frozen Charitable Funds Without Basis Index Gauges Quality of Humanitarian Assistance of Relief and Recovery Efforts Date June 15 2011 The Humanitarian Response Index HRI aims to improve the quality and effectiveness of humanitarian aid for at risk populations by identifying and promoting best practices for donor governments and civil society Produced by DARA the latest HRI says anti terrorism measures like the material support prohibition make it extremely difficult for aid agencies to meet the needs of at risk civilians Read more about Index Gauges Quality of Humanitarian Assistance of Relief and Recovery Efforts Examples Impacts of the Material Support Prohibition on Peacebuilding Date June 13 2011 For many years U S organizations have paved the way for peace by helping to bring fighting factions together and providing alternatives to violence as a means of redressing grievances Unfortunately the 2010 Supreme Court decision in Holder v Humanitarian Law Project HLP upheld the law defining prohibited material support of terrorism to include conflict prevention and resolution activities aimed at getting terrorist groups to lay down their arms Without a correction opportunities to end violence will be lost Read more about Examples Impacts of the Material Support Prohibition on Peacebuilding Publication of Unindicted Co conspirator List in Holy Land Case Violated Due Process Rights Court Rules Date April 22 2011 Since 2004 the criminal prosecution of the Holy Land Foundation HLF and its leaders for material support of terrorism has been and continues to be a long running legal battle One unusual twist has been a May 29 2007 filing by the prosecution that listed 246 individuals and entities as Un indicted Co conspirators and or Joint Venturers In a break with DOJ policies the list was not sealed and the names which included most major U S Muslim organizations were made public Both the trial court in Dallas and the Fifth Circuit Court of Appeals ruled that the release violated due process rights under the Fifth Amendment Read more about Publication of Unindicted Co conspirator List in Holy Land Case Violated Due Process Rights Court Rules UN Report Security Measures that Restrict Humanitarian Access Hurt Vulnerable Civilians Date March 30 2011 Any government s undermining of humanitarian principles presents more than merely theoretical or legal problems it creates practical impediments to access acceptance and security for humanitarian operations says a February 2011 report from the United Nation s Office for the Coordination Read more about UN Report Security Measures that Restrict Humanitarian Access Hurt Vulnerable Civilians Kay Guinane s Testimony on the Impact of

    Original URL path: http://www.charityandsecurity.org/resources?type=All&tid=All&page=17 (2016-02-16)
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  • Resources | Charity & Security Network
    and Training in Nonviolent Peaceful Conflict Resolution Violates Material Support Laws Date August 31 2010 On June 21 2010 the United States Supreme Court in Holder v Humanitarian Law Project et al struck a blow to the American nonprofit sectors commitment to resolving international conflicts through peaceful and nonviolent means In a 6 3 decision the Court rejected the Humanitarian Law Project s HLP claims challenging the constitutionality of provisions of the material support to terrorism law As a result a broad range of interactions with designated terrorist groups including attempts at peace building and support for non violence are prohibited Read more about Supreme Court Ruling in HLP Provision of Advocacy and Training in Nonviolent Peaceful Conflict Resolution Violates Material Support Laws Congressional Research Service Issues Report on Material Support Laws Date August 16 2010 A July 19 2010 report entitled Terrorist Material Support An Overview of 18 USC 2339A and 2339B by the Congressional Research Service offers a descriptive summary of the material support laws the procedural history of the Holder v Humanitarian Law Project case and the process under which an organization is designated as terrorist by the U S Read more about Congressional Research Service Issues Report on Material Support Laws The Impact of Counterterrorism Measures on Charities and Donors After 9 11 Date August 16 2010 There is increasing evidence of the negative impact on all charities of the counter terrorism measures introduced since 2001 i Here are examples from around the world Read more about The Impact of Counterterrorism Measures on Charities and Donors After 9 11 Kay Guinane Answers Rep Keith Ellison s Questions about U S charities Impacted by Treasury s Regime Date August 11 2010 QUESTIONS TO THE PANELISTS FROM CONGRESSMAN KEITH ELLISON for the Anti Money Laundering Blocking Terrorist Financing and Its Impact on Lawful Charities Hearing Before the Subcommittee on Oversight and Investigations House Committee on Financial Services May 26 2010 ANSWERS OF KAY GUINANE Program Manager of the Charity and Security Network July 12 2010 Read more about Kay Guinane Answers Rep Keith Ellison s Questions about U S charities Impacted by Treasury s Regime In a Bad SPOT Why a Military Database for NGOs Is Impractical Date August 3 2010 The U S army s Synchronized Pre Deployment and Operational Tracker SPOT system is a military database that indefinitely stores detailed personnel data of contractors employees working in Iraq and Afghanistan Read more about In a Bad SPOT Why a Military Database for NGOs Is Impractical News Editorials and Opinions about Supreme Court s June 21 2010 Holder v Humanitarian Law Project decision Date July 15 2010 Released on June 21 2010 the Supreme Court s Holder v Humanitarian Law Project HLP decision will have an adverse impact on the efforts of U S Read more about News Editorials and Opinions about Supreme Court s June 21 2010 Holder v Humanitarian Law Project decision KindHearts Case Timeline Date July 9 2010 On May 1 2012 lawyers for

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