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  • Charity & Security Network
    letter to the Department of Treasury asking for release of the funds for charitable purposes Specific procedures based on current Treasury regulations were proposed However Treasury rejected the request and continues to resist releasing the funds based on a claim that Congress intended the funds 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 Government Wins Ruling in Fight Over Holy Land Foundation Funds Date July 1 2013 On June 25 2013 the U S government won a decision awarding it the Holy Land Foundation s assets over the claims of a group of nine Americans injured in a 1997 Hamas attack in Jerusalem in ruling by the United States Court of Appeals for the Fifth Circuit In U S v Holy Land and Jenny Rubin et al the court held the U S can claim the funds under criminal forfeiture proceedings as a result of Holy Land s 2008 conviction for providing financial support to Hamas The court rejected the argument by the Rubins that the Terrorism Risk Insurance Act TRIA supersedes the criminal forfeiture statute Read more about Government Wins Ruling in Fight Over Holy Land Foundation Funds Treasury s 2012 Terrorist Asset Report Date May 29 2013 On May 28 2013 the Treasury Department released its Terrorist Asset Report for 2012 offering a year end snapshot of dollar amounts of terrorist assets held in U S jurisdiction pursuant to 18 U S C 2339B a 2 and Executive Orders 12947 and 13224 The total amount of blocked funds in 2012 relating to U S designated terrorist entities e g SDGT SDT and FTOs was 21 826 293 This is an increase of 1 3 percent from 2011 21 109 888 Read more about Treasury s 2012 Terrorist Asset Report Treasury s 2012 Terrorist Asset Report Date May 29 2013 On May 28 2013 the Treasury Department released its Terrorist Asset Report for 2012 offering a year end snapshot of dollar amounts of terrorist assets held in U S jurisdiction pursuant to 18 U S C 2339B a 2 and Executive Orders 12947 and 13224 The total amount of blocked funds in 2012 relating to U S designated terrorist entities e g SDGT SDT and FTOs was 21 826 293 This is an increase of 1 3 percent from 2011 21 109 888 Read more about Treasury s 2012 Terrorist Asset Report Charity and Security Network 2008 Reform Proposals The following proposals that would allow legitimate charitable work to be completed were submitted to the Obama transition team in late 2008 Read more about Charity and

    Original URL path: http://www.charityandsecurity.org/issue/Frozen%20Funds (2016-02-16)
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  • Charity & Security Network
    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 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8 2016 New Budget Language Intended to Rein In

    Original URL path: http://www.charityandsecurity.org/issue/Gov%C3%A2%C2%80%C2%99t%20Watchlists%20and%20Databases (2016-02-16)
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  • Charity & Security Network
    Society Space Do Counterterrorism Grant Clauses Contradict Humanitarian Principles Date December 17 2015 Author Andrea Hall As organizations navigate the thorny terrain of providing relief to communities in Palestine the principles of international humanitarian law humanity impartiality neutrality and independence loom large These are not simply lofty goals Because the effectiveness of aid delivery relies on adherence to these principles it is essential that any aid organization whether based in Palestine or elsewhere become intimately familiar with them Read more about Do Counterterrorism Grant Clauses Contradict Humanitarian Principles Proposed IRS Rule Could Make International Grantmaking Easier Date October 4 2012 At the Sept Read more about Proposed IRS Rule Could Make International Grantmaking Easier American Foundations International Grants On the Rise Date December 9 2008 A new report finds that American foundations donated to international causes in 2007 more then ever before The forecast for 2008 giving despite the global economic downturn is surprisingly optimistic Read more about American Foundations International Grants On the Rise 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

    Original URL path: http://www.charityandsecurity.org/issue/Grantmaking (2016-02-16)
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  • Charity & Security Network
    late November Read more about Global Coalition Submits Comments to FATF on R8 s Interpretive Note Charity Security Network Asks Treasury to Open Dialog to Revise Decades Old Anti Terrorist Financing Guidance Date November 24 2015 In a Nov 23 2015 letter to the Department of Treasury the Charity Security Network C SN noting the need for ongoing engagement between the U S government and the NPO sector to ensure that measures intended to protect the sector from abuse by terrorist organizations are effective risk based proportionate and not unduly disruptive of the activities of NPOs Read more about Charity Security Network Asks Treasury to Open Dialog to Revise Decades Old Anti Terrorist Financing Guidance Side by Side Comparison of December 2005 and September 2006 Treasury Anti Terrorist Financing Guidelines for U S Charities Date October 6 2006 External Link From OMB Watch This chart published by OMB Watch in October 2006 is a section by section comparison of the Department of Treasury s proposed revisions to its Anti Terrorist Financing Guidelines Voluntarhy Best Practices for U S Charities and final version after Treasury received extensive public comments The chart includes commentary that points out problems with the September 2006 version The U S nonprofit sector has uniformly called for withdrawal of these guidelines Read more about Side by Side Comparison of December 2005 and September 2006 Treasury Anti Terrorist Financing Guidelines for U S Charities FATF Agrees to Formal Consultation Process Date June 29 2015 The Financial Action Task Force FATF has said it will formalize its consultation process with the nonprofit organization NPO sector At its June Plenary in Australia FATF agreed to enhance its engagement with NPOs when workingon combating money laundering and terrorist financing by holding an annual discussion with NPOs on specific issues of common interest Read more about FATF Agrees to Formal Consultation Process InterAction Members Adopt New Standards Governing Assistance Programs Date March 3 2013 Standards governing the operational financial and ethical codes of conduct for members of InterAction the largest organization of U S development and relief non governmental organizations NGOs were updated in February 2013 Setting standards of practice that reflect the impact and the complexity of member groups work around the world the private voluntary organization PVO standards link members in the common pursuit of a set of values and ethical code of conduct Almost 200 U S based NGOs will certify that they comply with the standards which started in the early 1990s and are updated every two years Read more about InterAction Members Adopt New Standards Governing Assistance Programs Guidance on Charitable Giving to Syria Date August 8 2012 Over the next year up to three million people in Syria are expected to be in need of food assistance according to the UN and Syrian agricultural ministry The Treasury Department s FAQ about its Syria sanctions program and guidance to the public on sending remittances and charitable assistance to Syria issued on August 8 makes it clear that

    Original URL path: http://www.charityandsecurity.org/issue/Guidelines%20and%20Codes%20of%20Conduct (2016-02-16)
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  • Charity & Security Network
    Database of Legal Resources for Nonprofits Paper Is the U S Undermining International Humanitarian Law Date February 4 2013 Often treating standards found in international law as an inconvenience and impediment since 9 11 the United States is undermining the foundations upon which international humanitarian law IHL rests according to a November 2012 paper by Morris Davis of Howard University Undermining International Humanitarian Law e xamines the development and the objectives of modern IHL particularly the ones designed to limit the effects of war on civilians and other non combatants He argues that the U S failure to continue to meet these humanitarian obligations over the last decade is weakening the country s legal and moral authority and argues that the U S should reaffirm its commitment to IHL to achieve its goal of peace and security Read more about Paper Is the U S Undermining International Humanitarian Law Law Review Transformation of International Law Post 9 11 Date January 30 2014 The changes in how lawyers approach the use of international humanitarian law IHL and international human rights law IHRL in the post 9 11 landscape are discussed in a January 2014 law review Naz K Modirzadeh argues that folk international law a law like discourse that relies on a confusing and soft admixture of IHL jus ad bellum and IHRL is being increasingly used as framework for the global war on terror Read more about Law Review Transformation of International Law Post 9 11 UN Human Rights Council Nations Must Protect Human Rights Defenders Date March 29 2013 Counterterrorism legislation must be consistent with international human rights law and cannot be misused to restrict the legitimate work and activities of human rights defenders according to a resolution adopted by the United Nations Human Rights Council HRC on March 21 2013 Just days before the Special Rapporteur on human rights defenders presented her annual report to the HRC saying The best guarantee for ensuring legislation complies with human rights is to have robust independent and well resourced national human rights institutions She also promoted two UN produced resources the Declaration on Human Rights Defenders and a related human rights defenders Fact Sheet Read more about UN Human Rights Council Nations Must Protect Human Rights Defenders Report Restrictive Laws Are Cracking Down on Global Human Rights Defenders Date February 27 2014 The 2014 annual report from Front Line Defenders cites restrictive legislation as a major concern for global human rights defenders HRDs The report highlights many countries around the world that have used legal and regulatory measures to crack down on civil society and HRDs in particular They also found documented instances of at least 26 HRDs who were killed for their work promoting human rights According to the report Read more about Report Restrictive Laws Are Cracking Down on Global Human Rights Defenders 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

    Original URL path: http://www.charityandsecurity.org/issue/Human%20Rights (2016-02-16)
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  • Charity & Security Network
    home to Europe Read more about Is Treasury Starting to Pay Attention De Risking Creates Unintended Consequences for Global Poor Date November 23 2015 Efforts to curb money laundering and illicit terrorist financing have had unintended negative consequences internationally in particular for people and organizations in poor countries via remittances correspondent banking and humanitarian aid Read more about De Risking Creates Unintended Consequences for Global Poor Protect Civil Society to Counter Terrorism Date November 6 2015 Author Andrea Hall This won t be hard I promise 1 Countries must take concrete steps to enable individuals to promote and protect human rights and freedoms 2 Most countries treat businesses and nonprofits differently with nonprofits getting the short end of the stick 3 Civil society can play a crucial role in countering violent extremism Counterterrorism measures that have a negative impact on the ability of nonprofits to operate effectively and independently are likely to be counterproductive in reducing the threat of terrorism Read more about Protect Civil Society to Counter Terrorism 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 Why Ask Treasury to Fix the De Risking Problem When They May Have Caused It Date October 22 2015 Author Andrea Hall Is it any wonder that the U S Treasury Department refuses to come to the aid of de risked charities It appears that they were driving this train all along Read more about Why Ask Treasury to Fix the De Risking Problem When They May Have Caused It List of U S charities designated and or shut down by Treasury Date January 26 2012 The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorists SDGT or freeze assets pending investigation is based on laws providing for economic sanctions against foreign nations going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act Read more about List of U S charities designated and or shut down by Treasury Summary and Analysis President Obama s September 2014 Civil Society Memorandum and Initiatives Date October 13 2014 One year after President Obama s speech at the United Nations on

    Original URL path: http://www.charityandsecurity.org/issue/Impact%20on%20U.S.%20Nonprofits (2016-02-16)
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  • Charity & Security Network
    Protect R2P Humanitarian Space A Review of Trends and Issues Date May 3 2012 The Overseas Development Institute s Humanitarian Policy Group released a report on April 30 2012 that challenges widespread assumptions within civil society that humanitarian space is shrinking After reviewing the history of humanitarian action and governments role in humanitarian crises from the Cold War to the present Humanitarian Space a review of trends and issues dives into the reality and complexity of the humanitarian endeavor and concludes that political and military sectors have ultimate responsibility for ensuring respect for humanitarian principles and that the humanitarian organizations role is to push them to fulfill their obligations To succeed the report says humanitarian organizations must think strategically and capitalize on existing political processes Read more about Humanitarian Space A Review of Trends and Issues Report Humanitarian Aid Sparks Longterm Benefits to Society Date December 13 2012 Humanitarian assistance not only benefits individuals or communities that receive it but could serve as a catalyst for more widespread improvements an October report from the Brookings Foundation says Along with improving the image of the donor country Impacts of Malaria Interventions and their Potential Additional Humanitarian Benefits in Sub Saharan Africa says strategic aid can help reduce sectarian violence and enhance support for free markets trade and democracy The report calls for further research in this area to explore whether health and other humanitarian interventions can result in additional benefits to both recipients and donors alike Read more about Report Humanitarian Aid Sparks Longterm Benefits to Society Report Provides Snapshot of Global Humanitarian Financing Date August 2 2013 Describing 2012 as a year of perpetual crises the Global Humanitarian Assistance Report 2013 GHA examines how donor countries responded to global humanitarian emergencies with case studies focusing on the crisis in Syria and lessons learned from the 2011 famine in the Horn of Africa Released by Development Initiatives in July 2013 the GHA highlights the importance of early response and predictable long term funding for situations of chronic need and also identifies initiatives to improve the efficiency of humanitarian assistance including respecting key humanitarian principles standards and accountability frameworks and the use of cash transfer programs Read more about Report Provides Snapshot of Global Humanitarian Financing InterAction Policy Paper New Vision for U S NGO USAID Relationship Date August 8 2012 Partnering with U S NGOs should be a key part of USAID s strategy for promoting effective global development says a July 2012 policy paper from InterAction the largest alliance of U S based international NGOs A New Vision for the USAID U S NGO Relationship outlines important and unique assets of the American NGO community and identifies potential opportunities for improved collaboration between USAID and NGOs working on international development projects Read more about InterAction Policy Paper New Vision for U S NGO USAID Relationship Study Zakat Institutions and the Challenges they Face Date July 22 2012 A June 2012 paper discusses the history role and future prospects of local

    Original URL path: http://www.charityandsecurity.org/issue/International%20Issues (2016-02-16)
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  • Charity & Security Network
    Borders External Link Grantmakers Without Borders Grantmakers Without Borders is a network of trustees and staff of public and private foundations as well as individual donors who practice global social change philanthropy Their site offers information on issues impacting social change philanthropy advice for grantseekers and grantmakers and news Read more about Grantmakers Without Borders Defending Dissent Foundation External Link Defending Dissent Foundation This website sponsored by the Defending Dissent Foundation includes information on threats to the right to dissent a newsletter and take action page The group s mission is to protect and advance the right of dissent in the United States by Translating grassroots civil liberties concerns into national policy debate and action Alerting local activists to civil liberties threats and Educating the public the press and policymakers as to how dissent is crucial to democracy Read more about Defending Dissent Foundation International Journal of Not for Profit Law External Link International Journal of Not for Profit Law The International Journal of Not for Profit Law IJNL is the quarterly journal of the International Center for Not for Profit Law It provides analysis on global civil society information on legal topics and more It has been published since 1998 to reflect the evolving worldwide conversation about civil society Read more about International Journal of Not for Profit Law International Center for Not for Profit Law Global Trends in NGO Law External Link GlobalTrends in NGO Law This quarterly publication of the International Center for Not for Profit Law synthesizes key developments relating to the legal and regulatory issues that affect non governmental organizations NGOs It complements their quarterly journal the International Journal of Not for Profit Law Read more about International Center for Not for Profit Law Global Trends in NGO Law Issues Humanitarian Access Material Support Financial

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