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  • Principles to Guide Solutions | Charity & Security Network
    national security rules and policies that create problems for legitimate charities development programs grantmakers peacebuilding efforts human rights advocacy and faith based organizations The charitable mission as stated in an organization s governing documents should be protected at all times Read more about Charity and Security Network Principles to Guide New Policies Principles of International Charity In March 2005 the Treasury Guidelines Working Group a broadly representative group of U S nonprofits and grantmakers released the Principles of International Charity Principles as an alternative to the Department of the Tresaury s the Anti Terrorist Financing Guidelines Voluntary Best Practices for U S Based Charities The group has called the Guidelines ill advised and potentially harmful and called for their withdrawal Read more about Principles of International Charity US EU Grantmaker Groups Publish Accountability Principles for International Philanthropy The Council on Foundations COF and the European Foundation Center have published Principles of Accountability for International Philanthropy the result of a two year consultative process of grantmakers and stakeholders from four continents The COF press release announcing the document says Read more about US EU Grantmaker Groups Publish Accountability Principles for International Philanthropy Issues Humanitarian Access Material Support Financial Action Task Force

    Original URL path: http://www.charityandsecurity.org/solution/Principles%20to%20Guide%20Solutions (2016-02-16)
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  • Models to Draw On | Charity & Security Network
    Examples of Charitable Sector Standards The following are some of the many guidelines and best practice standards developed by charitable and philanthropic organizations They reflect due diligence practices that protect charitable assets to be used solely for charitable purposes Read more about Examples of Charitable Sector Standards A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism This article and the chart supporting it shows that due process procedures used in asset forfeiture proceedings for accused drug traffickers provide more protection than procedures afforded charities accused of supporting terrorism These asset forfeiture procedures may be a model for developing new rules for charities Read more about A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism 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 deceased donations Partnering with the Better Business Bureau Muslim Advocates started the Muslim Charities Accreditation Program MCAP in August 2008 to help charities comply with federal regulations and financial rules On Aug Read more about Accreditation Program for U S Muslim Charities Reduces Fear of Giving The UK Charity Commission Focus on Problem Solving Program Beneficiaries In the United Kingdom UK the Charity Commission an independent regulator for charities in England and Wales uses a vastly different approach to the issue of charities and counterterrorism than the U S In March 2009 the Charity and Security Network interviewed David Walker Head of Compliance Outreach and Development and Sarah Jane Digby Regional Manager sub Saharan Africa International Programs in the Commission s London office Here is what we learned Read more about The UK Charity Commission Focus on Problem Solving Program Beneficiaries Issues Humanitarian Access

    Original URL path: http://www.charityandsecurity.org/solution/Models%20to%20Draw%20On (2016-02-16)
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  • Proposed Solutions | Charity & Security Network
    legitimate charitable work to be completed were submitted to the Obama transition team in late 2008 Read more about Charity and Security Network 2008 Reform Proposals Proposed Secretary of State Exemption from Material Support Ban for Peacebuilding Activities DRAFT PROPOSAL Read more about Proposed Secretary of State Exemption from Material Support Ban for Peacebuilding Activities Model Policies for Fair Procedures for Listing and Delisting U S Charities After summarizing current law on how U S charities may be shut down for supporting terrorism and citing problems with the lack of due process for charities to defend themselves this article presents the rationale for a new approach and specific reforms that can bring the system into compliance with constitutional standards Summary of Current Law Read more about Model Policies for Fair Procedures for Listing and Delisting U S Charities USIP Report Reform Listing Procedures to Turn Groups Away From Violence A May 2010 report from U S Institute of Peace USIP calls for reforming national security policies to allow for international engagement with armed groups listed as terrorists for peacemaking purposes Mediating Peace with Proscribed Armed Groups says reforms such as increasing transparency during the listing process could help conflict mediation groups find peaceful means of turning an armed group away from violence Read more about USIP Report Reform Listing Procedures to Turn Groups Away From Violence Power Point of Proposed Policy Reforms This power point reviews the Charity and Security Networks proposed model policies for national security laws applied to charities aid development and other nonprofit organizations To view it click on the file attachment below It will make a download box in the lower left corner of your screen Click on it to open Read more about Power Point of Proposed Policy Reforms Proposals from Muslim Advocates In 2008

    Original URL path: http://www.charityandsecurity.org/solution/Proposed%20Solutions (2016-02-16)
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  • News | Charity & Security Network
    sworn in Secretary Timothy Geithner elected to retain Stuart Levey as Under Secretary of the Terrorism and Financial Intelligence OTFI office Read more about Head of Office of Terrorism and Financial Intelligence Under Bush Remains at Treasury For Now 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 rights including flying on commercial planes getting credit or jobs Read more about House passes Bill Creating Right to Contest Placement on Watch Lists Future Unclear for Pakistani Charity s Services after UN Listing as Terror Supporter Date April 9 2009 Two months after the December 2008 shut down of a Pakistani charity the fate of people served by hospitals schools and refugee camps in areas hard hit by an October 2008 earthquake is uncertain Read more about Future Unclear for Pakistani Charity s Services after UN Listing as Terror Supporter US Designation Causes British Bank Discontinuing Services to UK Approved Charity Date April 9 2009 Lloyds TSB one of London s most prominent banks was pressured into discontinuing financial services to Interpal a UK based nonprofit due to ongoing allegations in the UK and the United State s designation of the charity as a terrorist related organization Despite two investigations 1996 and 2003 finding no evidence of wrongdoing by the UK Charity Commissions which monitors and regulates UK based charities Interpal remains a target of sanctions for terror related financing Read more about US Designation Causes British Bank Discontinuing Services to UK Approved Charity Foreign Legal Challenges to Terrorist Designation Prove Successful Date April 9 2009 On Feb 17 2009 a Swedish court in Malmo acquitted the head of a charity of charges that he financed terrorism through a charitable group Khalid al Yousef the leader of al Aqsa Spannmal Grain Foundation faced a six year jail sentence if convicted It has also been reported that 150 000 in donations raised by the charity which had been frozen by the United States and Britain will be returned Read more about Foreign Legal Challenges to Terrorist Designation Prove Successful Key Treasury Department Positions Remain Vacant Holdovers Might Not Be Long term Appointees Date April 9 2009 In the last Charity and Security Network Newsletter we noted that the Under Secretary for Terrorism and Financial Intelligence in the Bush administration Stuart Levey was retained by Treasury officials While this raises concerns about the potential for developing sensible counter terrorism finance policies it might not be a long lasting situation Read more about Key Treasury Department Positions Remain Vacant Holdovers Might Not Be Long term Appointees Rising Attacks on Aid Workers Linked to Perception of Close Ties to Governments Date April

    Original URL path: http://www.charityandsecurity.org/content_type/news (2016-02-16)
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  • Resources | Charity & Security Network
    CSN has created an Index of Reports containing over 200 reports and studies on subjects ranging from international humanitarian law to the impacts of counterterrorism measures on charities Most of the entries contain hyperlinks to a PDF version of the report If you are interested in any entry that does not have a link please contact CSN Read more about Searchable Report Index Analysis Overview and List of Topics Date May 13 2013 The Charity Security Network has prepared analysis on a number of topics relevant to our members including Enabling Environment for Civil Society Partner Vetting System Material Support and Humanitarian Aid as well as discussion of U S Departments of Treasury and State policies Here you will find a list of topics and links Read more about Analysis Overview and List of Topics List of Experts Date June 2 2012 The Charity and Security Network provides a list of experts with policy legal and field experience on how national security laws impact nonprofits and the people they serve To invite them for press interviews conferences or other speaking events please contact us Read more about List of Experts Litigation Overview and List of Key Cases Date April 12 2012 This section provides overview and analysis of the major cases on counterterrorism law affecting humanitarian aid and peacebuilding organizations Here you will find a list of cases with links to summaries and analyses Read more about Litigation Overview and List of Key Cases Holder v Humanitarian Law Project Addressing the Impact of Material Support Laws on Peacebuilding Programs Date June 21 2010 On June 21 2010 a divided U S Supreme Court upheld a federal statute that bans support to designated terrorist organizations even when that support involves using international law to resolve disputes through nonviolent means In Holder v Humanitarian Law Project HLP the court ruled 6 3 that U S organizations and citizens teaching nonviolent methods of conflict resolution toward sanctioned terrorist groups could face criminal charges Read more about Holder v Humanitarian Law Project Addressing the Impact of Material Support Laws on Peacebuilding Programs De Risking and Financial Access Webinar Recording Now Available Event Date January 7 2016 Bank De risking and its Impact on Nonprofits Click here for the recording or use this link https www youtube com watch v qvOrf6oJXsE Speakers Read more about De Risking and Financial Access Webinar Recording Now Available World Check The Dangers of Privatizing Terrorist Lists Date February 11 2016 The last ten years has seen rapid growth of private companies that sell lists of people and organizations that are either on a government terrorist list or have been mentioned in news stories blogs and unverified online sources as having suspected ties to terrorists With the size and scope of these organizations concerns have been raised over the lack of accountability and redress for innocent people who find themselves on such lists This is particularly problematic in the context of charitable giving and program operation including financial access for

    Original URL path: http://www.charityandsecurity.org/resources (2016-02-16)
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  • Resources | Charity & Security Network
    Leaders Ask Court to Vacate Sentences HLF Not Included in Motion Al Haramain v Treasury Successful Constitutional Challenge to Unlimited Treasury Power to Shut Down Charities Date October 1 2012 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 decision in Al Haramain v Read more about Al Haramain v Treasury Successful Constitutional Challenge to Unlimited Treasury Power to Shut Down Charities 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 claims Read more about The Kadi Case Court Decisions on Due Process for Terrorist Listing Differ in EU U S 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 United States v El Mezain et al No 09 10560 F 3d 2011 WL 6058592 5th Cir Dec 7 2011 While this decision upheld the jury verdict and judgment against the defendants the Fifth Circuit did address a number of issues of broader legal significance and recognized the legitimacy of several arguments raised by the defendants as to the improper use of certain categories of evidence at trial Read more about Summary The Fifth Circuit s Holy Land Foundation Decision 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 Publication of Unindicted Co conspirator List in Holy

    Original URL path: http://www.charityandsecurity.org/resources?type=litigation&tid=All (2016-02-16)
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  • Resources | Charity & Security Network
    s Public Service Initiative In order to ensure that Department of Defense DOD funds are not awarded to individuals or groups that actively oppose United States U S and Coalition Forces Congress included Section 841 in the 2012 National Defense Authorization Act Section 841 permits DOD to restrict terminate for default or void a DOD grant 1 with a group or individual determined to be actively supporting an insurgency or otherwise opposing the United States or coalition forces in a contingency operation in the United States Central Command theater o Read more about Vetting in Afghanistan Issues with the Defense Department State and USAID CSN Files Comments on Proposed USAID Rule that Gathers Data on Charity Partners Date October 3 2013 Click Here for PDF Version of CSN s Comments September 30 2013 Michael Gushue M 0AA P USAID Washington 1300 Pennsylvania Ave NW Washington DC 20523 Re Notice of Proposed Rulemaking RIN 0412 AA71 Partner Vetting in USAID Assistance 78 Fed Reg No 168 page 53375 Dear Sir The Charity Security Network CSN submits these comments on behalf of our membership a diverse network of nonprofit stakeholders that have serious concerns about the harmful effects of the proposed Partner Vetting System PVS as conceived in the proposed rule CSN s mission is to protect civil society s ability to carry out effective peacebuilding humanitarian aid development and other public benefit work in a manner consistent with democratic values and human rights principles Our members include international non governmental organizations NGOs grantmakers peacebuilding groups civil liberties and human rights organizations and religious groups Read more about CSN Files Comments on Proposed USAID Rule that Gathers Data on Charity Partners A License to Aid How Politics Delays Aid to Civilians in Conflict Zones Date July 24 2013 The Palestinian territories receive some of the highest amount of humanitarian aid of any place in the world from the U S government and charitable donors i Most of this aid goes to the West Bank The flow of aid dollars hits a significant barrier when it comes to the other Palestinian territory the Gaza Strip The elected government in Gaza Hamas was listed as a terrorist group by the U S Read more about A License to Aid How Politics Delays Aid to Civilians in Conflict Zones How the FATF Is Used to Justify Laws That Harm Civil Society Freedom of Association and Expression Date May 16 2013 The Financial Action Task Force FATF is an intergovernmental policy making body that sets counter terrorist financing and anti money laundering CFT AML standards used in nearly 180 countries Jurisdictions undergoing the FATF s compliance evaluation process are strongly encouraged to introduce specific laws and financial regulations including Recommendation 8 R8 on the operations and activities of non profit organizations NPOs or risk serious economic consequences that could affect foreign aid remittances and trade 1 Read more about How the FATF Is Used to Justify Laws That Harm Civil Society Freedom of Association and Expression

    Original URL path: http://www.charityandsecurity.org/resources?type=analysis&tid=All (2016-02-16)
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  • Resources | Charity & Security Network
    allow U S Read more about Impact on Women Counterterrorism Laws and Policies Restricting Peacebuilding and Humanitarian Work Summary FATF s June 2015 Best Practices Paper Date July 9 2015 After draft updates and significant input from the nonprofit organization NPO sector the Financial Action Task Force FATF released its revised Best Practices Paper BPP in June 2015 The long awaited revision incorporates almost all of the changes requested by NPOs with a new emphasis on taking a risk based approach and avoiding a one size fits all regulatory scheme Read more about Summary FATF s June 2015 Best Practices Paper The Financial Action Task Force What Nonprofits Need to Know Date May 27 2015 Barriers to Cross Border Nonprofit Operations and The Role of the Financial Action Task Force Read more about The Financial Action Task Force What Nonprofits Need to Know The Financial Action Task Force and Human Rights Date October 16 2013 The Financial Action Task Force FATF is an intergovernmental body that sets anti terrorist financing and anti money laundering standards that it uses to assess the adequacy of laws and regulations in nearly every country in the world Since 9 11 it has increased its focus on regulation of financial services and charities A PDF of this Factsheet is Available Here Read more about The Financial Action Task Force and Human Rights OFAC Licenses for Humanitarian Aid Date July 29 2013 The Office of Foreign Assets Control OFAC within the U S Department of Treasury is tasked in part with ensuring that money from U S persons and entities does not fall into the hands of terrorist groups An array of sanction laws have been enacted that make it a crime for money to go to certain countries for example Iran and Syria and certain organizations for example Hamas and al Qaeda OFAC has the authority both to enforce these laws by freezing the assets of any U S group or individual who violates them and to provide exceptions to these laws through licenses Read more about OFAC Licenses for Humanitarian Aid Mapping Listed Terrorist Groups and Humanitarian Crises Date July 10 2013 The U S government maintains two lists containing entities State s Foreign Terrorist Organizations FTO Treasury s Specially Designated Nationals SDN it believes engage in terrorist activity It is illegal to provide these groups with material support which is defined broadly in the law to include tangible goods like food or clothing medical services and training in conflict mediation But the laws designed to starve the terrorists also make it nearly impossible for humanitarian actors to reach or offer assistance to civilians living in territory controlled by a blacklisted group That means that in conflict zones or natural disaster areas where these groups are active providing medical services or distributing non medicinal necessities such as clean water tents blankets food can be prohibited Read more about Mapping Listed Terrorist Groups and Humanitarian Crises Problems with Humanitarian Access Persist in Syria Date July

    Original URL path: http://www.charityandsecurity.org/resources?type=background&tid=All (2016-02-16)
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