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  • Charity & Security Network
    charities and NGOs to submit examples of situations and issues affecting them that the Commission should examine and possibly include in the toolkit More information is available from British Overseas NGOs for Development Read more about Terrorism Toolkit Will Offer Guidance to Charities New Study UK Humanitarian Aid in the Age of Counterterrorism Perceptions and Reality Date April 13 2015 In March 2015 the Humanitarian Policy Group released UK Humanitarian Aid in the Age of Counterterrorism Perceptions and Reality which explains the tensions between British international nongovernmental organizations INGOs and other stakeholders regarding the negative impact of counterterrorism laws on their aid work These nonprofit organizations which aim to provide relief to the most vulnerable in high risk conflict zones struggle to effectively carrying out their tasks due to government and donor country counterterrorism efforts Read more about New Study UK Humanitarian Aid in the Age of Counterterrorism Perceptions and Reality Study Examines Counterterrorism Clauses in Grants Date May 22 2014 The Harvard Law School Brookings Project on Law and Security published a May 2014 An Analysis of Contemporary Counterterrorism related Clauses in Humanitarian Grant and Partnership Agreement Contracts that takes an in depth look at donor imposed counterterrorism obligations on humanitarian organizations Read more about Study Examines Counterterrorism Clauses in Grants CIVICUS Report Global Restrictions on Civil Society Date October 24 2013 A new report by CIVICUS an international civil society network has documented over 400 cases of abuse of the civil society sector in over 80 countries Global Trends on Civil Society Restrictions highlights abuse of nonprofits by legislative restrictions forced shut down of nonprofits and the assassination and imprisonment of civil society workers Read more about CIVICUS Report Global Restrictions on Civil Society Report Protect and Expand Space for Civil Society Date March 13 2014 Reform repressive laws that harm civil society says a March 2014 report from the Act Alliance and CIDSE The report cites a growing trend of governments passing laws and regulations that impair civil society groups ability to assemble carry out programs and operate without fear Civil society must have space to speak out to educate and mobilize in short to ensure that everyone gets a say in the way their country is run said the report Read more about Report Protect and Expand Space for Civil Society CIVICUS Report on State of Civil Society 2014 Date July 17 2014 The State of Civil Society Report 2014 released annually by CIVICUS outlines the global trend of governments limiting civil society organization s power This year s report also details the increase in civil unrest and protests occurring around the world The report authors attribute this civil unrest to growing trend of the economic elite colluding with politically powerful individuals to make self serving policies that restrict the space in which non profits can operate Read more about CIVICUS Report on State of Civil Society 2014 Report Counterterrorism Laws Conflict with Humanitarian Action in Disaster and Conflict Zones Date June 27 2012 An article

    Original URL path: http://www.charityandsecurity.org/issue/Barriers%20to%20Charity (2016-02-16)
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  • Charity & Security Network
    Terrorist Financing Laws on Lawful US Charities Date January 18 2011 On May 26 2010 Congress held the first oversight hearing examining the impact of anti terrorist financing enforcement policies on the U S Read more about Kay Guinane s Testimony on the Impact of Anti Terrorist Financing Laws on Lawful US Charities House Oversight Hearing Looks at Impact of Anti terrorist Financing Laws on Lawful U S Charities Date June 1 2010 On May 26 2010 the first Congressional oversight hearing since 9 11 looked at the impact of anti terrorist financing enforcement policies on the U S charitable sector A Department of Treasury Treasury official acknowledged that the laws aimed at stopping terrorist financing have hurt charitable programs Witnesses from the U S Read more about House Oversight Hearing Looks at Impact of Anti terrorist Financing Laws on Lawful U S Charities House Oversight Hearing Looks at Impact of Anti terrorist Financing Laws on Lawful U S Charities Date June 1 2010 On May 26 2010 the first Congressional oversight hearing since 9 11 looked at the impact of anti terrorist financing enforcement policies on the U S charitable sector A Department of Treasury Treasury official acknowledged that the laws aimed at stopping terrorist financing have hurt charitable programs Witnesses from the U S Read more about House Oversight Hearing Looks at Impact of Anti terrorist Financing Laws on Lawful U S Charities After the Oversight Hearing What is the Next Step Date June 1 2010 Author Kay Guinane Read more about After the Oversight Hearing What is the Next Step Summary of Treasury s May 2007 Senate Testimony on Charities and Islamic Extremism Date June 22 2007 On May 20 2007 the Senate Homeland Security and Governmental Affairs Committee held a hearing on Violent Islamist Extremism Government Efforts to Defeat It Chip Poncy the Director of the Department of Treasury s Office of Strategic Policy for Terrorist Financing and Financial Crimes testified about counter terrorist financing strategy and explained outreach efforts to engage the Muslim and charitable communities Mr Read more about Summary of Treasury s May 2007 Senate Testimony on Charities and Islamic Extremism Letter to House Members Calls for Real Patriot Act Reforms Date November 2 2009 Read more about Letter to House Members Calls for Real Patriot Act Reforms ACLU Report Calls for Oversight Overhaul of Patriot Act Date April 17 2009 Reclaiming Patriotism A Call to Reconsider the Patriot Act was published by the ACLU on March 11 2009 Read more about ACLU Report Calls for Oversight Overhaul of Patriot Act House passes Bill Creating Right to Contest Placement on Watch Lists Date April 9 2009 On Feb 4 the U S House of Representatives passed H R 559 the Fair Accurate Secure and Timely Redress Act that would create a process for individuals placed on government watch lists to challenge their classification The bill is a response to overbroad and inaccurate lists that have denied many innocent Americans of basic benefits and

    Original URL path: http://www.charityandsecurity.org/issue/Congressional%20Oversight (2016-02-16)
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  • Charity & Security Network
    s knowledge that they were illegal The company was allowed to continue profitable production during the investigation The U S Read more about Double Standard Chiquita Banana Fined Not Shut Down for Transactions with Designated Terrorists Oregon Charity Head Receives House Arrest for Violating Iran Sanctions Date March 19 2012 On March 6 2012 the former head of an Oregon charity that funded schools in Iran was sentenced to one year of home detention for violating a U S trade embargo law Despite an eight year investigation by the FBI trying to associate Mehrdad Yasrebi and the Child Foundation with terrorism U S District Judge Garr M King said the government failed to prove that either had ties with terrorists The judge ordered Yasrebi to pay a 50 000 fine and serve five years of probation and the Child Foundation also charged with violating the embargo was sentenced to two years on probation and a 50 000 fine Yasrebi plead guilty in January 2011 to sending funds to Iran and attempting to cover up the transfer of money Read more about Oregon Charity Head Receives House Arrest for Violating Iran Sanctions Convictions Reinstated for Boston Charity Officials Date September 24 2011 On Sept 1 2011 a federal appeals court reinstated the convictions for three former charity officials for conspiracy to defraud the IRS Emadeddin Muntasser and two others were found guilty in January 2008 of fraudulently seeking tax exempt status for their Massachusetts based charity Care International A U S District Court judge had later overturned the tax conspiracy convictions saying the evidence didn t support the verdict The case has been sent back to the district court for sentencing Read more about Convictions Reinstated for Boston Charity Officials Developments in Prosecutions of U S Charities Holy Land Foundation Care Int Al Haramain Oregon Date March 1 2012 Below is the latest news in the Holy Land Foundation Care International and Al Haramain Oregon cases More about all these cases available here Read more about Developments in Prosecutions of U S Charities Holy Land Foundation Care Int Al Haramain Oregon 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

    Original URL path: http://www.charityandsecurity.org/issue/Criminal%20Cases (2016-02-16)
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  • Charity & Security Network
    Cancels Subpoenas of Anti War Protestors After Flurry of Protests Subpoenas Issued in Chicago and Minneapolis Targeting Anti War Activists Senate Hearings Review Problems with FBI Surveillance Guidelines ACLU Make Inquiry on FBI Racial Profiling Practices Muslim Charity Lawsuit Seeks FBI Guidelines on Surveilling Charities and Mosques Court Orders Review of FBI Records as Complaints Emerge American Muslim Frustration towards FBI Boils Over Fusion Centers TCP Report Outlines Recommendations for Improving Fusion Centers HSPI A Look Inside Fusion Centers Massachusetts Bill Calls for Oversight of Fusion Centers Fusion Center Analyst Caught Spying on Peaceful Protestors House Hearing on Fusion Centers RNC 8 More Revelations About FBI Infiltration of RNC 8 Activist Turned Informant Lead to Two Arrests in RNC 8 Scandal Preemptive Arrests at RNC Threaten Political Organization Read more about Dissent and Surveillance Overview CRS Report FBI Investigations Often Exceed Constitutional Restraints Date May 1 2013 Intelligence activity in the past decades has all too often exceeded the restraints on the exercise of governmental power that are imposed by our country s Constitution laws and traditions according to an April 24 2013 Congressional Research Service report The Federal Bureau of Investigation and Terrorism Investigations reviews how the FBI investigative process has changed over the past decade and offers oversight considerations for Congress Read more about CRS Report FBI Investigations Often Exceed Constitutional Restraints Report Counterterrorism Apparatus Used to Monitor Occupy and NDAA Activists Date June 6 2013 Counterterrorism and law enforcement agencies monitored legal and peaceful First Amendment activities of thousands of activists in 2011 and 2012 according to a May 2013 report Produced by DBA Press and the Center for Media and Democracy Dissent or Terror How the Nation s Counter Terrorism Apparatus In Partnership With Corporate America Turned on Occupy Wall Street references thousands of pages of documents from law enforcement agencies that show counterterrorism officials repeatedly regarded lawful dissent and protest as a potential threat to public safety While the bulk of the report is about the many instances of an Arizona based fusion center tracking activities of Occupy Wall Street activists it also details the monitoring of protestors at rallies against the indefinite detention language contained in the National Defense Authorization Act of 2012 NDAA 2012 Read more about Report Counterterrorism Apparatus Used to Monitor Occupy and NDAA Activists ACLU Report FBI Violates Civil Liberties Operates Unchecked Post 9 11 Date September 26 2013 A September 2013 report from the ACLU investigates the expansive civil liberties violations of the FBI in the wake of 9 11 The report found that the FBI s powers for investigation have been greatly increased in the name of homeland security and protections against profiling and targeting of First Amendment activities have been eroded Read more about ACLU Report FBI Violates Civil Liberties Operates Unchecked Post 9 11 Brennan Center Broad Data Collection on Americans Does Little to Stop Terrorism Date October 24 2013 According to the Brennan Center for Justice report What the Government Does With American s Data

    Original URL path: http://www.charityandsecurity.org/issue/Dissent%20and%20Surveillance (2016-02-16)
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  • Charity & Security Network
    Down Charities Too Burdensome Charity Leader Released as FBI Tampering with Evidence Comes to Light Al Haramain v Obama Decision Holds Wiretap of Charity Illegal UN Approves Reforms for Terrorism Lists 2009 Judicial Review Established for Charities in the UK Appeals Court Declines to Rule on Constitutionality of Presidential Power to Shut Down Charitie s House passes Bill Creating Right to Contest Placement on Watch Lists CSN Proposals Charity and Security Network 2008 Reforms Proposal Charity and Security Network Model Policies for Listing and De Listing Charities Charity and Security Network Principles to Guide New Policies Litigation Overviews Al Haramain v Treasury KindHearts v Treasury Resources Summary of Laws Giving Treasury Power to Shut Down Charities CHART Charity and Security Network Model for Due Process A Comparison with Current Law Analysis of The Procedures for Sanctions Against Charities Act of 2011 Due Process Bills Before Congress Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism State Secret Privilege Guidelines Constitution Project Reform Recommendations to Obama Transition Team Reports A License to Aid How Politics Delays Aid to Civilians in Conflict Zones 2011 More Transparency Needed During UN De Listing Process 2009 Overdue Process Protecting Human Rights While Sanctioning Alleged Terrorists Read more about Due Process Overview Report The OFAC List Due process challenges in designation and delisting by LCCR of SF Bay Area Date July 18 2014 A July 2014 report by the Lawyers Committee for Civil Rights of the San Francisco Bay Area examines the Office of Foreign Assets Control OFAC at the U S Department of Treasury process for listing designating and delisting people and organizations as terrorists or supporters of terrorism It points out the lack of adequate due process for challenging a listing or remedy for being wronged Read more about Report The OFAC List Due process challenges in designation and delisting by LCCR of SF Bay Area Report Terrorist Listing Delisting Process Unconstitutional Needs Reforms Date July 24 2014 In July the Lawyers Committee for Civil Rights of the San Francisco Bay Area LCCR published a report on the violations of due process rights in Treasury Dept s terrorist designation and delisting process The report covers the problems caused by the process the legal framework that has allowed Treasury to violate due process rights and the legal problems that must be addressed to correct the system Read more about Report Terrorist Listing Delisting Process Unconstitutional Needs Reforms The Kadi Case Court Decisions on Due Process for Terrorist Listing Differ in EU U S Date April 3 2012 Yassin A Kadi a businessman and citizen of Saudi Arabia purused court challenges to being placed on terrorist lists in the European Union EU and United States U S The process and standards used by the EU and U S courts differ substantially leading to different results the EU courts have ruled the EU listing process lacks fundamental protections violating EU human rights standards while the U S courts rejected Kadi s constitutional

    Original URL path: http://www.charityandsecurity.org/issue/Due%20Process (2016-02-16)
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  • Charity & Security Network
    Affected by Outdated Rules are Ready to Work to Protect Zakat and Humanitarian Programs In his June 4 speech in Cairo President Barack Obama said Read more about President s Cairo Statement on Charitable Giving Rules Welcome Austin Plane Attack Highlights Double Standards Date March 4 2010 Author Seema Ahmad Human Rights Fellow at the Open Society Institute A week ago Joseph Stack flew his plane into an IRS building in Austin It is shocking that there wasn t non stop news coverage of the tragic event After all the image of shattered buildings and a smoke filled sky is forever ingrained in the minds of Americans after the attacks of 9 11 Instead the news of the day was dominated by the Conservative Political Action Conference and Tiger Woods impending apology Read more about Austin Plane Attack Highlights Double Standards Update Civil Rights and Religious Groups Denounce TN Bill Targeting Sharia Groups Date March 25 2011 Sponsors of a Tennessee material support bill introduced an amendment removing all references to religion from the bill on March 22 2011 The change comes after widespread criticism that the original bill was unconstitutional and duplicative of the federal statutes In a statement released by the bill s sponsor the new version removes language that described sharia law as a threat to residents of Tennessee and makes clear that peaceful religious practices would not be considered a violation Read more about Update Civil Rights and Religious Groups Denounce TN Bill Targeting Sharia Groups Update Civil Rights and Religious Groups Denounce TN Bill Targeting Sharia Groups Date March 25 2011 Sponsors of a Tennessee material support bill introduced an amendment removing all references to religion from the bill on March 22 2011 The change comes after widespread criticism that the original bill was unconstitutional and duplicative of the federal statutes In a statement released by the bill s sponsor the new version removes language that described sharia law as a threat to residents of Tennessee and makes clear that peaceful religious practices would not be considered a violation Read more about Update Civil Rights and Religious Groups Denounce TN Bill Targeting Sharia Groups Letter to President Outlines Reforms Needed to Protect U S Charities and Donors Date August 16 2010 On August 11 2010 more than 40 Muslim Arab Sikh and South Asian charities delivered a letter to President Barack Obama asking him to reform federal charitable giving laws and regulations that restrict the humanitarian work of legitimate U S charities The letter identifies several barriers that harm humanitarian groups their donors and the people they serve Read more about Letter to President Outlines Reforms Needed to Protect U S Charities and Donors Letter Urges Reforms on Charitable Giving Rules Date March 25 2010 Read more about Letter Urges Reforms on Charitable Giving Rules Accreditation Program for U S Muslim Charities Reduces Fear of Giving An accreditation program for American Muslim charities hopes to address donors fears of government reprisal that has lead to

    Original URL path: http://www.charityandsecurity.org/issue/Faith-Based%20Organizations (2016-02-16)
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  • Charity & Security Network
    somehow finding themselves on these programs leading banks to terminate long held client relationships Read more about Our Fears Confirmed Financial Access Working Group Seeking Signatures to Its Letter to US Treasury State January X 2016 The Honorable Jacob J Lew Secretary Department of the Treasury 1500 Pennsylvania Avenue NW Washington D C 20220 The Honorable John F Kerry Secretary of State 320 21st St NW Washington DC 20451 Re Charities Denied Financial Services Reducing Aid for the World s Most Needy Dear Secretary Lew and Secretary Kerry This letter is sent on behalf of X nonprofit organizations from around the world to seek your assistance with a growing problem that is making it more challenging than ever for international charities and grantmakers to provide life saving aid to people in global hot spots where need is greatest We represent approximately X in aid and services to the world s most needy populations It is increasingly difficult for these nonprofit organizations NPOs to access financial services that are necessary to keep their operations going Banks may delay or refuse to make transfers between organizations Sometimes NPOs are turned away as customers or have their accounts closed For example in the spring of 2015 one charity was unable to pay for fuel needed to supply power to a hospital in Syria because of the banks lengthy delays in transmitting funds More recently aid to refugees streaming into Europe was impacted by a charity s inability to make international wire transfers These examples are representative of a long list of de risking cases Read more about Financial Access Working Group Seeking Signatures to Its Letter to US Treasury State De Risking and Financial Access Webinar Recording Now Available Bank De risking and its Impact on Nonprofits Click here to access the recording or use this link https www youtube com watch v qvOrf6oJXsE Read more about De Risking and Financial Access Webinar Recording Now Available De Risking and Financial Access Webinar Recording Now Available Bank De risking and its Impact on Nonprofits Click here to access the recording or use this link https www youtube com watch v qvOrf6oJXsE Read more about De Risking and Financial Access Webinar Recording Now Available Bank De Risking Represents a Market Failure Report Finds Bank de risking represents a market failure In such instances either government or the public sector must intervene to re align market factors either through incentive programs or through enhanced regulatory guidance concludes a new report from the Global Center on Cooperative Security and Oxfam America Understanding Bank De risking and its Effects on Financial Inclusion According to the report the goals of financial inclusion and anti money laundering and countering the financing of terrorism AML CFT are not inherently in conflict although tensions emerge in practice Overly restrictive AML CFT measures may negatively affect access to financial services and lead to adverse humanitarian and security implications the report states It adds that de risking actually contributes to increased vulnerability by pushing

    Original URL path: http://www.charityandsecurity.org/issue/Financial%20Access (2016-02-16)
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  • Charity & Security Network
    Supervision and Enforcement by AML CFT Supervisors of the Financial Sector and Law Enforcement October 2015 Relevant Reports Statewatch Human Security Collective Countering terrorism or constraining civil society The impact of Financial Action Task Force recommendations on non profit organisationsin Central and Eastern Europe and Central Asia Statewatch Transnational Institute Counter terrorism Policy Laundering and the FATF Legalising Surveillance Regulating Civil Society Center on Law and Globalization FATF Doesn t Do Enough to Evaluate Effectiveness Monitor Potential Harms FATF Archives 2014 FATF Typology Report Finds Service NGOs Most At Risk of Terrorist Abuse Charity Security Network Human Security Collective Send Recommendations to the Financial Action Task Force 2013 Obama Hosts Panel on Supporting Civil Society FATF Releases Guidance for Complying With UN s Targeted Sanctions Regime FATF Holds First Consultation with Civil Society on Anti Terror Financing Rules and Protecting Nonprofits 2012 The FATF s Opportunity to Protect Nonprofits FATF Regulations Should Not Harm the Work of Civil Society See related issue Anti Terrorism Financing Read more about Financial Action Task Force FATF Overview Over 100 Nonprofits Ask FATF to Revise Recommendation 8 Date January 18 2016 Author External Link On January 15 2016 123 signatories from 46 countries sent a letter calling on the Financial Action Task Force to open a process to revise Recommendation 8 as it inaccurately states that Non profit organisations are particularly vulnerable to abuse by terrorists Read more about Over 100 Nonprofits Ask FATF to Revise Recommendation 8 C SN Blog on De Risking Published by American Banker Generates Comments from former FDIC Chairman Date November 5 2015 A new blog on bank de risking of charity accounts authored by C SN s Andrea Hall and published by American Banker has generated comments from former FDIC Chairman Bill Isaac Read more about C SN Blog on De Risking Published by American Banker Generates Comments from former FDIC Chairman Study FATF Doesn t Do Enough to Evaluate Effectiveness Monitor Potential Harms Date February 18 2014 A Jan 30 2014 study commissioned by the International Monetary Fund IMF found deficiencies in the evaluation process undertaken by the Financial Action Task Force FATF The FATF a global intergovernmental organization that recommends anti terrorist financing standards evaluates government s compliance with recommendations and publishes their ratings Read more about Study FATF Doesn t Do Enough to Evaluate Effectiveness Monitor Potential Harms UN Releases Report on the Impact of Multilateral Organizations on Civil Society Freedoms Citing FATF Date October 17 2014 The UN has released the report of Maina Kiai the Special Rapporteur on freedoms of peaceful assembly and of assocation that addresses concerns about the exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral organizations generally defined as groups made of up of three or more countries Read more about UN Releases Report on the Impact of Multilateral Organizations on Civil Society Freedoms Citing FATF UN Releases Report on the Impact of Multilateral Organizations on Civil Society Freedoms Citing FATF

    Original URL path: http://www.charityandsecurity.org/issue/Financial%20Action%20Task%20Force%20%28FATF%29 (2016-02-16)
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