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  • Charity & Security Network
    proposed legislation On Tuesday April 29 we will be sending tweets to Members of Congress returning from Spring recess urging them to co sponsor HAFA and ensure that it becomes law To join this effort all you have to do is use this quick and easy guide to show members in the House of Representatives why HAFA is so important Be sure to use the hashtags HAPPASavesLives and NeedHAPPANow when you send your tweets Read more about Join Our Twitter Storm in Support of HAPPA Join Our Twitter Storm in Support of HAPPA Date April 28 2014 The Humanitarian Assistance and Peacebuilding Protection Act Act HAPPA is landmark bi partisan legislation that will save lives and promote peace HAFA allows for humanitarians and peacebuilders to do their jobs more effectively without the barriers currently created by U S counterterror laws Learn more about HAPPA In order to get HAPPA passed we need your help Use our hashtag HAPPASavesLives to promote the proposed legislation On Tuesday April 29 we will be sending tweets to Members of Congress returning from Spring recess urging them to co sponsor HAFA and ensure that it becomes law To join this effort all you have to do is use this quick and easy guide to show members in the House of Representatives why HAFA is so important Be sure to use the hashtags HAPPASavesLives and NeedHAPPANow when you send your tweets Read more about Join Our Twitter Storm in Support of HAPPA Congress Just Expanded Material Support Penalties What Were They Thinking Date June 4 2015 Author Andrea Hall It s as if the material support statute didn t have enough problems already Now thanks to recently enacted amendments to the USA Freedom Act the maximum sentence for material support for terrorism has increased from 15 to 20 years What was Congress thinking when it expanded this penalty Read more about Congress Just Expanded Material Support Penalties What Were They Thinking Latest House Approps Report Calls on Treasury to Address Licensing Problems Sanction Mass Atrocities Date July 3 2014 The House Appropriations Committee passed the FY15 appropriations bill with a report that gives the Department of Treasury 30 days from enactment to submit recommendations for how it will reduce delays in processing license applications for humanitarian organizations such as those seeking to provide aid during the 2011 famine in Somalia The report reminds Treasury that it was required to submit such a report by the Read more about Latest House Approps Report Calls on Treasury to Address Licensing Problems Sanction Mass Atrocities UN Humanitarian Chief Warns of Chilling Impact of Counterterror Laws on Charities in Syria Date July 2 2014 UN Humanitarian Chief Valerie Amos warned that some charities operating in Syria are extremely fearful that they will run afoul of counterterrorism laws while providing aid According to a BBC Radio 4 interview with Amos charities providing services in areas controlled by ISIS which was recently designated as a terrorist group by the British government worry

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=2 (2016-02-16)
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  • Charity & Security Network
    of federal law designed to prevent the supply of arms to terrorist groups to clear the way for the U S to provide military assistance to vetted opposition groups fighting Syrian dictator Bashar Assad Read more about Obama Waives Ban on Arming Terrorists to Allow Aid to Syrian Opposition Washington Examiner New Treasury Regulations Use Expanded Definition of Prohibited Charitable Contributions Date July 8 2013 On July 5 2013 the Department of Treasury published Technical Amendments to Counter Terrorism Sanctions Regulations that include changes to definitions of prohibited transactions and charitable contributions under terrorism sanctions programs to make them consistent with Executive Order 13372 of February 2005 That order expanded the prohibition of charitable donations to or for the benefit of listed terrorists to include donations by or received from them as well No change is made to the unequal treatment afforded organizations who may make a contribution unknowingly which are protected under general sanctions but not under sanctions applying to groups listed as threatening the Middle East peace process The new regulations also have new interpretive sections on blocked property to say property is considered owned by a listed terrorist if the person or entity owns a fifty percent or greater interest in it In such cases the property can be blocked frozen under Treasury regulations Read more about New Treasury Regulations Use Expanded Definition of Prohibited Charitable Contributions U S Anti terror Law Hinders Aid Efforts to Somalia Date July 18 2011 Lack of access to at risk civilians in southern Somalia has contributed to an unabated humanitarian crisis a top U S Agency for International Development USAID official told a joint congressional hearing on July 7 2011 The hearing Assessing the Consequences of the Failed State of Somalia featured testimonies from State Department officials and humanitarian organizations who underscored the urgent need for immediate assistance to the nearly three million Somalis facing starvation inside the war torn country This includes those trapped in places controlled by al Shabab a designated terrorist organization U S anti terror laws make it nearly impossible to deliver aid to civilians in places such designated terrorist groups operate Read more about U S Anti terror Law Hinders Aid Efforts to Somalia Former President Carter Others Call on Secretary Kerry to Remove Barriers to Peacebuilding Date June 20 2013 A petition signed by a diverse group of former ambassadors foreign policy experts and peacebuilders including former President Jimmy Carter was sent to Secretary of State John F Kerry on June 20 asking that he exempt peacebuilding activities from the ban on engagement with groups on the terrorist list It was delivered the day before the third anniversary of a Supreme Court ruling that upheld federal restrictions on peacebuilding activities that are conducted with listed terrorist organizations See also Time to let peace builders do their job written by Thomas R Pickering and Amb Nancy Soderberg Read more about Former President Carter Others Call on Secretary Kerry to Remove Barriers to Peacebuilding Former President

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=3 (2016-02-16)
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  • Charity & Security Network
    but are unable to do so because of the potential for such assistance to become criminalized under U S law A panel of experts VIDEO discussed this problem and other issues at an event sponsored by CSN and Hunter College s Human Rights Program in December Panelists including the Global Fund for Women s Shalini Nataraj expressed concern that U S counterterrorism measures make it nearly impossible for humanitarian groups and grantmakers to carry out their missions in some of the most intractable conflicts around the world TRANSCRIPT See also Safeguarding Humanitarianism in Armed Conflict This report outlines how IHL calls for a focus on humanitarian need rather than political considerations and a preservation of the neutrality of humanitarian organizations operating in conflicts Read more about Challenges to Aid Delivery in Conflict Zones Challenges to Aid Delivery in Conflict Zones Date February 3 2013 Aid groups often find themselves trapped between a rock and a hard place wanting to help civilians trapped in areas where terrorist groups operate but are unable to do so because of the potential for such assistance to become criminalized under U S law A panel of experts VIDEO discussed this problem and other issues at an event sponsored by CSN and Hunter College s Human Rights Program in December Panelists including the Global Fund for Women s Shalini Nataraj expressed concern that U S counterterrorism measures make it nearly impossible for humanitarian groups and grantmakers to carry out their missions in some of the most intractable conflicts around the world TRANSCRIPT See also Safeguarding Humanitarianism in Armed Conflict This report outlines how IHL calls for a focus on humanitarian need rather than political considerations and a preservation of the neutrality of humanitarian organizations operating in conflicts Read more about Challenges to Aid Delivery in Conflict Zones I could be imprisoned for my work of peacemaking Date December 16 2012 Rick Love a pastor and President of Peace Catalyst explains why he joined fellow faith leaders in late November asking Secretary of State Hillary Clinton to exempt activities aimed at preventing or resolving conflicts with terrorists from the material support statute Conflict mediation human rights training and peace building efforts aimed at turning terrorist groups away from violence can be criminalized punishable by over 15 years in prison Under current law I could be imprisoned for my work of peacemaking Secretary Clinton has the authority to ensure the law is applied in a way that enhances national security and yet still permits specific types of peace building activities that can only be done by civil society Learn more about the material support statute here Read more about I could be imprisoned for my work of peacemaking I could be imprisoned for my work of peacemaking Date December 16 2012 Rick Love a pastor and President of Peace Catalyst explains why he joined fellow faith leaders in late November asking Secretary of State Hillary Clinton to exempt activities aimed at preventing or resolving conflicts with terrorists from

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=4 (2016-02-16)
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  • Charity & Security Network
    said in a press release Read more about State Designates Boko Haram Leaders as Terrorists Expert Reforms Needed to Terrorist Designations Date June 4 2012 With the two year anniversary of the Humanitarian Law Project v Holder HLP decision approaching the U S system for tracking and sanctioning of terrorists is increasingly coming under fire These lists restrict opportunities for mediating conflict and engaging proscribed groups in dialogue on how to achieve their stated aim of reducing terrorism writes Nathan Stock assistant director for Conflict Resolution at The Carter Center in Foreign Policy The HLP decision upheld the ban on almost all forms of contact with a listed terrorist group including peacebuilding and mediation work Stock lays out four ways to make the listing mechanisms more effective including allowing for contact to open pathways for political participation and incentivizing groups to end violence Simply punishing listed groups is insufficient and ineffective if the ultimate goal is the reduction of human conflict he adds Read more about Expert Reforms Needed to Terrorist Designations Expert Reforms Needed to Terrorist Designations Date June 4 2012 With the two year anniversary of the Humanitarian Law Project v Holder HLP decision approaching the U S system for tracking and sanctioning of terrorists is increasingly coming under fire These lists restrict opportunities for mediating conflict and engaging proscribed groups in dialogue on how to achieve their stated aim of reducing terrorism writes Nathan Stock assistant director for Conflict Resolution at The Carter Center in Foreign Policy The HLP decision upheld the ban on almost all forms of contact with a listed terrorist group including peacebuilding and mediation work Stock lays out four ways to make the listing mechanisms more effective including allowing for contact to open pathways for political participation and incentivizing groups to end violence Simply punishing listed groups is insufficient and ineffective if the ultimate goal is the reduction of human conflict he adds Read more about Expert Reforms Needed to Terrorist Designations Deadly Combination Disaster Conflict and the U S Material Support Law Date May 2 2012 The politicization of disaster response in conflict zones obstructs timely and effective aid delivery and also jeopardizes the safety of aid workers A new report from the Charity Security Network Deadly Combination Disaster Conflict and the U S Material Support Law considers two cases The 2011 famine in Somalia and the summer 2010 floods in Pakistan In both cases by giving priority to military objective the U S impaired effective aid delivery by humanitarian organizations exacerbating the hardship caused by disasters The current U S government response to disasters occurring alongside terrorist organizations is at best a wink and nod gesture that allows for limited access for humanitarian groups and no legal protections and at worst a blanket ban on any humanitarian operation Read more about Deadly Combination Disaster Conflict and the U S Material Support Law Deadly Combination Disaster Conflict and the U S Material Support Law Date May 2 2012 The politicization of disaster

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=5 (2016-02-16)
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  • Charity & Security Network
    for having taught people connected to a listed terrorist group how to use peaceful means to resolve their grievances That is what is feared by humanitarian peacebuilding and civil rights organizations since the Supreme Court upheld a broad interpretation of the ban on material support to a foreign terrorist organization in June 2010 Since then many non state actors including employees of international aid groups and U S military personal are uncertain as to whether their non violent activities could result in criminal prosecution under U S law In Engaging for Peace What Are the Legal Limits to Working with Terrorists Noah Bialostozky an attorney at White Case says the uncertainty created by the Supreme Court s decision demonstrates the need for further legal clarity to to ensure an appropriate balance between the isolation and engagement in terrorism prevention strategies Read more about Legal Uncertainty Shrinks Humanitarian Space Report Legal Uncertainty Shrinks Humanitarian Space Date March 27 2012 Could a conflict mediator be sentenced to prison for 15 years for having taught people connected to a listed terrorist group how to use peaceful means to resolve their grievances That is what is feared by humanitarian peacebuilding and civil rights organizations since the Supreme Court upheld a broad interpretation of the ban on material support to a foreign terrorist organization in Holder v Humanitarian Law Project HLP The June 2010 decision has left many non state actors including employees of international aid groups and U S military personal uncertain as to whether their non violent activities could result in criminal prosecution under U S law In Engaging for Peace What Are the Legal Limits to Working with Terrorists Noah Bialostozky says the uncertainty created by the Supreme Court s decision demonstrates the need for further legal clarity to to ensure an appropriate balance between the isolation and engagement in terrorism prevention strategies Read more about Report Legal Uncertainty Shrinks Humanitarian Space Treasury Investigating Former U S Officials Advocacy for Terrorist Group Date March 20 2012 The Department of Treasury is investigating payments to three former top ranking government officials for speaking on behalf of a group on the U S terrorist list The three are among nearly two dozen prominent former officials who have received up to hundreds of thousands of dollars in speaking fees in exchange for their efforts on behalf of the People s Mujahedin of Iran MEK Additionally a current State Department Ambassador has used these contacts to send messages to MEK representatives While it remains unclear where the money originated and how much each official received the payments and contact may violate the federal prohibition on providing material support to a listed terrorist group Read more about Treasury Investigating Former U S Officials Advocacy for Terrorist Group Book The Strategy of Isolation in Somalia Has Failed Date March 19 2012 Isolating designated terrorist groups like al Shabaab has had a counterproductive effect on reducing violent extremism and building lasting stability in Somalia says a January 2012 book

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=6 (2016-02-16)
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  • Charity & Security Network
    that provide famine aid to civilians living in areas of Somalia controlled by al Shabab will not be prosecuted for violating U S law if they act in good faith to reach victims of the famine Read more Sen Patrick Leahy s Aug 3 press release regarding humanitarian relief in Somalia The current law is so broad as to be unworkable Aid workers trying to provide relief to starving Somalis fear they could be prosecuted if some of it were to end up in the hands of al Shabab The Secretary of State has the power to grant exemptions where the purpose is not to engage in terrorist activity She should use that authority immediately to ensure aid can reach as many Somalis as possible Read more about U S Announces New Policy to Allow Famine Aid in Somalia U S Announces New Policy to Allow Famine Aid in Somalia Date August 5 2011 On Aug 2 the State Department announced that U S humanitarian groups that provide famine aid to civilians living in areas of Somalia controlled by al Shabab will not be prosecuted for violating U S law if they act in good faith to reach victims of the famine Read more Sen Patrick Leahy s Aug 3 press release regarding humanitarian relief in Somalia The current law is so broad as to be unworkable Aid workers trying to provide relief to starving Somalis fear they could be prosecuted if some of it were to end up in the hands of al Shabab The Secretary of State has the power to grant exemptions where the purpose is not to engage in terrorist activity She should use that authority immediately to ensure aid can reach as many Somalis as possible Read more about U S Announces New Policy to Allow Famine Aid in Somalia State Dept Announces New Policy to Allow Famine Aid in Somalia Treasury Releases Limited Guidance Date August 4 2011 On Aug 2 2011 the U S Department of State held a press briefing where it announced that U S aid groups that provide famine aid in areas of Somalia controlled by al Shabaab a group on the U S terrorist list will not be prosecuted for violating the U S law prohibiting material support of terrorism if they act in good faith to reach victims of the famine No details on how current rules would change were available On Aug 4 2011 the Department of Treasury released a Frequently Asked Questions document that did little to clarify the new policy but states that only U S government agencies and their grantees benefit from it The Department of Justice which oversees criminal prosecutions has been notably silent Read more about State Dept Announces New Policy to Allow Famine Aid in Somalia Treasury Releases Limited Guidance Capacity Crowd Hears Experts Call for Reforms to Allow Peacebuilding and Humanitarian Aid Date June 24 2011 On Tuesday June 21 2011 the Charity and Security Network sponsored a forum at

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=7 (2016-02-16)
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  • Charity & Security Network
    On April 26 2011 Rep Jan Schakowsky D IL wrote a letter to Attorney General Eric Holder seeking additional information about the 2010 FBI raids that targeted Midwest peace activists In the letter she wrote that these law enforcement investigations into individuals and organizations engaged in peaceful anti war demonstrations are continuing a trend of intrusive government surveillance Schakowsky is the fourth member of Congress to write to either President Obama or Holder asking them to look into law enforcement treatment of those who are exercising their constitutional rights to organize and protest The other letters were written by Rep Danny Davis D IL Rep Keith Ellison D MN and Rep David Price D NC Read more about Congressional Letters to Attorney General Express Concern About Rights of Political Activists 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 Nationwide Conferences Spotlight Threats to Political Activism Date February 28 2011 Warning that civil liberties and constitutional rights are being eroded by ambiguous counterterrorism laws thousands of anti war and other activists participated in conferences across the country during February 2011 Organized by the Committee to Stop FBI Repression the conferences featured speakers discussing the impact of the Sept 24 2010 FBI raids on activists and subsequent grand jury subpoenas on constitutional rights and described other attempts by the government to suppress political activism The conferences were held in several U S cities including Chicago Oakland New York and Chapel Hill click on the city to view its conference report Read more about Nationwide Conferences Spotlight Threats to Political Activism Time to Update Bush s EO 13224 Date October 15 2009 Author Kay Guinane Sept 23 2009 was the eighth anniversary of Executive Order EO 13224 signed by President George W Bush

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=8 (2016-02-16)
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  • Charity & Security Network
    Humanitarian Law Project Case Date November 25 2009 On Nov 16 2009 opening briefs were filed by several parties in the Supreme Court case of Holder v Humanitarian Law Project HLP In the first ever challenge to a provision of the Patriot Act at the Supreme Court the case contests the constitutionality of the law that makes it criminal to provide certain material support including peaceful mediation for groups designated as a terrorist by the U S government Read more about Initial Supreme Court Briefs Filed in Humanitarian Law Project Case DOJ Asks Supreme Court to Hear Case on Definitions of Material Support of Terrorism Date July 16 2009 On June 4 2009 the Department of Justice DOJ asked the Supreme Court to review a ruling on three elements of the definition of prohibited material support of terrorism The Ninth Circuit Court of Appeals ruled that definitions of training expert advice or assistance derived from specialized knowledge and service are unconstitutionally vague as applied to the Humanitarian Law Project s HLP plan to provide human rights and conflict resolution training to two designated terrorist organizations Read more about DOJ Asks Supreme Court to Hear Case on Definitions of Material Support of Terrorism 2007 Executive Order on Iraq Expands Problems for Charities Date July 24 2007 External Link From OMB Watch President Bush issued an executive order on July 16 that expands the government s authority to block the U S based financial assets of individuals or groups in Iraq beyond those it designates as supporters of terrorism to include those who act or assist those who act against peace and stability in Iraq The order titled Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq directs the U S Read more about 2007 Executive Order on Iraq Expands

    Original URL path: http://www.charityandsecurity.org/issue/material%20support?type=All&page=10 (2016-02-16)
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