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  • Principles of International Charity | Charity & Security Network
    followed by ten pages of commentary that further guides international charitable operations The principles are 1 Consistent with the privilege inherent in their tax exempt status charitable organizations must exclusively pursue the charitable purposes for which they were organized and chartered 2 Charitable organizations must comply with both U S laws applicable to charities and the relevant laws of the foreign jurisdictions in which they engage in charitable work Charitable organizations however are nongovernmental entities that are not agents for enforcement of U S or foreign laws or the policies reflected in them 3 Charitable organizations may choose to adopt practices in addition to those required by law that in their judgment provide additional confidence that all assets whether resources or services are used exclusively for charitable purposes 4 The responsibility for observance of relevant laws and adoption and implementation of practices consistent with the principles contained herein ultimately lies with the governing board of each individual charitable organization The board of directors of each charitable organization must oversee implementation of the governance practices to be followed by the organization 5 Fiscal responsibility is fundamental to international charitable work Therefore an organization s commitment to the charitable use of its assets must be reflected at every level of the organization 6 When supplying charitable resources fiscal responsibility on the part of the provider generally involves a in advance of payment determining that the potential recipient of monetary or in kind contributions has the ability to both accomplish the charitable purpose of the grant and protect the resources from diversion to noncharitable purposes b reducing the terms of the grant to a written agreement signed by both the charitable resource provider and the recipient c engaging in ongoing monitoring of the recipient and of activities under the grant and d seeking

    Original URL path: http://www.charityandsecurity.org/Solutions/Principles_International_Charity (2016-02-16)
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  • US, EU Grantmaker Groups Publish Accountability Principles for International Philanthropy | Charity & Security Network
    decisions in pursuing their international missions and objectives and to provide a framework that will encourage and assist more foundations to get involved internationally The document encompasses seven concise Principles based on an identified set of core values that foundations should aspire to embrace They address integrity understanding respect responsiveness fairness cooperation and collaboration and effectiveness They seek to fill a specific niche and complement activities undertaken in Europe and the United States that deal with broader issues of accountability effectiveness and good practice The Principles are a living document that will be reviewed and updated periodically While the document does not specifically address ways to protect against diversion of charitable resources to terrorists it is similar the Principles of International Charity published by a group of U S nonrprofits in March 2005 as an alternative to the problematic Treasury Department Guidelines 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 headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications

    Original URL path: http://www.charityandsecurity.org/solutions/EU_US_Grantmaker_Accountability_Principles (2016-02-16)
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  • UPDATED: Compliance Toolkit Aims to Inform and Protect UK Charities | Charity & Security Network
    upon already embedded good practice within the sector and learn from those charities that already have significant experience of managing these risks in their activities emphasis added The first chapter Charities and Terrorism outlines how charities and their work are affected by key aspects of the UK s counter terrorism legislation and helps charities work to manage their own risk measures and procedures Chapter 1 Charities and Terrorism Summary What this guidance is about and how to use it Background information on the Commission s and UK Government s counter terrorism strategies How might a charity be abused for terrorist purposes Counter terrorism legislation an overview Proscribed organisations Designated individuals and entities Terrorist financing Charity law duties and responsibilities Reporting requirements The international dimension Further information Chapter 2 Safeguarding Charity Funds modules are Storing and moving funds the formal banking system other money transfer systems Money service bureaux Hawala cash new technologies e money SMS money transfers The Know Your principles trustees responsibilities for due diligence with donors partners beneficiaries monitoring verification and reporting on end use of funds Raising funds and Fraud and financial crime including money laundering Chapter 3 Safeguarding Charities People Property Reputation modules may include Risk refresher guidance on assessing and managing risk Reputational risk association with terrorism Disputes Vulnerable beneficiaries especially safeguarding children Owning property overseas and Risk assessment tools and methodologies examples of sector good practice in different high risk contexts country and regional Andrew Hind Chief Executive of the Charity Commission said Charities make a vital contribution to society and building community cohesion We fully recognize the importance of enabling charities to undertake valuable and essential humanitarian and other work in the UK and overseas This guidance is designed to help them do just that whilst managing the risk of harm or abuse

    Original URL path: http://www.charityandsecurity.org/solutions/models/studies/Toolkit_Protect_UK_Charities (2016-02-16)
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  • Examples of Charitable Sector Standards | Charity & Security Network
    protect charitable assets to be used solely for charitable purposes The International Red Cross and Red Crescent Movement s Principles of Conduct in Disaster Response Programmes The Sphere Project Handbood 2011 Edition The Do No Harm Handbook The Framework for Analyzing the Impact of Assistance on Conflict A project of the Collaborative for Development Action Inc and CDA Collaborative Learning Projects November 2004 Principles of International Charity published by the Treasury Guidelines Working Group in March 2005 InterAction s PVO Standards updated January 2011 Humanitarian Accountability Partnership Muslim Advocates Accreditation Program Transparency International s Preventing Corruption in Humanitarian Operations Handbook of Good Practices 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 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 Partner Vetting System January 21 2016 Over 100

    Original URL path: http://www.charityandsecurity.org/Examples_of_Charitable_Sector_Standards (2016-02-16)
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  • A Comparison on Due Process Rights of Drug Kingpins and Charities Accused of Supporting Terrorism | Charity & Security Network
    If that burden is met and the group is designated as an SDGT the burden of proof shifts to the charity if it asks the Treasury Department to de list it 34 With this designation there is no innocent owner defense Treasury has complete discretion whether to grant a charity s request 35 V Release of Goods and Return of Property A Drug Lords If a challenger s claim prevails the seized property must be released to the claimant or his agent 36 The government can divide the property among multiple claimants if it will not cause difficulty 37 The claimant s interest in the property will be released if one or more claimants are determined to be an innocent owner 38 The government must immediately release seized property if proper notice has not been given 39 However the government does not have to release illegal goods or seized contraband 40 When the claim includes currency negotiable instruments or proceeds from an interlocutory sale the government is responsible for paying interest actually paid to the government while in possession of the property 41 A claimant is also entitled to the release of seized property if he has sufficient ties to the community if loss of the property will cause a substantial hardship that would prevent the claimant from working maintaining his business or will leave them homeless The hardship of the government s possession must outweigh the risk that the property will be damaged destroyed or lost 42 B Charities TheTreasury Department s regulations allow for the transfer of seized property to other charitable organizations through the specific license process 43 In no case has the Treasury Department done so For example in 2002 the Treasury Department denied Benevolence International Foundation hereinafter BIF license to release funds to a children s hospital in Tajikistan and the Charity Women s Hospital in Dagistan even though measures were taken to ensure the funds were received by the groups 44 Other examples of the Treasury Department s policy in action are the cases of Holy Land Foundation hereinafter HLF and Kind Hearts for Charitable Humanitarian Development hereinafter Kind Hearts 45 HLF asked that 50 000 be released to the Palestine Children s Relief Fund 46 Kind Hearts asked its funds to be released and spent by the United States Agency for International Development or any other relief group and that special consideration be given to the refugees in the earthquake ravaged areas of Pakistan since the overwhelming majority of frozen funds were earmarked for projects therein 47 Both groups requests were denied VI Right to a Hearing A Drug Lords A person with an interest in seized property in a non judicial civil forfeiture proceeding may file a claim after the seizure 48 The person s claim cannot be made before 35 days or within the time frame given in the personal notice letter received by a claimant 49 Within 90 days the government must file a complaint in federal District Court for

    Original URL path: http://www.charityandsecurity.org/solutions/models_CAFRA_comparison (2016-02-16)
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  • Accreditation Program for U.S. Muslim Charities Reduces Fear of Giving | Charity & Security Network
    going Where is it being used According to the Muslim Advocates press release MCAP provides American Muslim charities with legal guidance and one on one technical assistance to promote best practices in charity management and compliance with federal laws MCAP requires participants of the program to comply with 20 Standards for Charity Accountability that require a verifiable demonstration that they meet basic standards in how they govern their organization the ways they spend their money the truthfulness of their representations and their willingness to disclose basic information to the public Muslim Advocates has also uploaded a guidance video on YouTube for donors and charities The video encourages viewers to make donations to reputable U S based charities It also asks that donors to increase their own diligence to help steer their charitable donations toward their intended purposes Speaking about the accreditation program the President CEO of the BBB Wise Giving Alliance Art Taylor said As an independent evaluator of charities the Better Business Bureau Wise Giving Alliance believes that the organizations it has reviewed for the Muslim Charities Accreditation Program operate with a level of transparency and accountability that should give donors confidence in this time of giving As of September 2009 17 Islamic charities are enrolled in the program and nearly 150 groups have attended free legal and financial seminars hosted by Muslim Advocates and its partners around the country From the Muslim Advocates press release the three American Muslim organizations which have already completed the program are Islamic Networks Group ING Founded in 1993 San Francisco based Islamic Networks Group ING promotes cross religious and cultural understanding respect and harmony through increasing religious and cultural literacy and facilitating inter religious and cultural engagement and dialogue UMMA Community Clinic UMMA Opened in 1996 the UMMA Community Clinic is the

    Original URL path: http://www.charityandsecurity.org/solution/Accreditation_Program_Muslim_Charities_Reduces_Fear_Giving (2016-02-16)
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  • The UK Charity Commission: Focus on Problem Solving, Program Beneficiaries | Charity & Security Network
    role charities play both domestically and the wider global impact The CC has identified what they consider to be the most serious issues and areas of greatest risk for charities with significant financial loss to the charity and serious harm to beneficiaries ranking numbers one and two The CC s goal with any charity under investigation is to work with the trustees to resolve the issue providing guidance and following up at a later date When a case is more serious they move into a statutory inquiry under the Charities Act of 1993 If suggestions are made and the charity does not comply robust action is taken and the trustees board members can be removed In this case an interim trustee usually an NGO attorney is placed within the organization until the membership votes for a new trustee Charities can appeal any decision through a Charity Tribunal an independent committee made up primarily of lawyers and members of the sector This is a low cost means of appeal and fees are based upon a sliding scale The purpose of any investigation by the CC is to determine if there is misconduct or mismanagement and try to resolve the problem without affecting the work of the charity The outcome of any investigation is made public One example of a CC inquiry is the group Interpal a UK based charity that is designated as a terrorist organization in the U S but that has been cleared of that charge in three separate CC investigations However in the report published in February 2009 the CC found serious issues with Interpal s operations and procedures As a result the CC recommended that Interpal sever their relationship with Union of Good Interpal appealed but later decided to comply This approach contrasts sharply with the U

    Original URL path: http://www.charityandsecurity.org/Solutions/models_UK_Charity_Commission (2016-02-16)
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  • Proposals To Improve Licensing Process for Charity Programs | Charity & Security Network
    in places where assistance is urgently needed on a large scale The delayed response to the Somalia famine in 2011 is perhaps the clearest example of this Even though the famine was predicted months in advance OFAC did not issue a license until well after tens of thousands of people had already died of starvation Making matters worse the license was applicable only to aid groups who were grantees of the U S Agency for International Development USAID or UN agencies so all privately funded NGOs were excluded A May 2013 report produced by the U S funded Famine Early Warning Network FEWSnet and the UN estimated that more than a quarter of a million people died during the Somali famine from October 2010 to April 2012 While many factors contributed to the massive death toll there is consensus that the humanitarian response to the famine was mostly late and insufficient the study concluded In Gaza NGOs face a number of restrictions on their work because Hamas a group classified as a terrorist group by the U S since 1997 is the elected government This makes providing aid to the thousands of civilians in the territory a significant challenge because any contact with Hamas even if it is solely for the purpose of facilitating the delivery of aid to civilians could be grounds for sanctions by the U S government To illustrate the hurdles facing aid groups working in the territory CSN has obtained a copy of a licensing request from a charity who sought limited contact with Hamas to facilitate the distribution of food educational material and other services to children in Gaza Two years after sending its application to Treasury the charity received a letter from OFAC denying its request for a license because of lack of foreign

    Original URL path: http://www.charityandsecurity.org/solutions/CSN-prposals_Improve_License_Procedures-OFAC (2016-02-16)
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