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  • OFAC Licenses for Humanitarian Aid | Charity & Security Network
    of transaction for a class of persons without the need to apply for a license 9 A specific license is a written document issued by OFAC to a particular person or entity authorizing a particular transaction in response to a written license application 10 The Code of Federal Regulations CFR is the collection of regulations setting out how the executive branch will interpret the parts of the U S Code that Congress charged it with enforcing The CFR contains important elements of the legal framework for OFAC s operations including licenses The definitions contained in the CFR however do not necessarily further clarify the different types of licenses and what purpose they serve For instance 31 CFR 595 308 defines a license as any license or authorization contained in or issued pursuant to this part Equally general are the definitions of the two types of licenses general licenses and specific licenses For example 31 CFR 595 305 defines a general license as any license or authorization the terms of which are set forth in this part Specific licenses defined in 31 CFR 595 312 include any license or authorization not set forth in this part but issued pursuant to this part The issuance of licenses allows OFAC to fine tune its sanctions programs ensuring that those transactions consistent with U S policy are permitted 11 Executive Orders establishing sanctions programs will often include language authorizing these exceptions For instance characteristic language might state Except to the extent provided in licenses that may be issued pursuant to this order all property and interests in property of the following persons are blocked 12 How does a person or entity apply for a license Persons or entities seeking to engage in an otherwise prohibited activity may submit an application for a license to OFAC While OFAC does not provide standardized forms for most license applications guidance from OFAC s website states that license applications should include all necessary information as required in the application guidelines or the regulations pertaining to the particular embargo program 13 According to 31 CFR 501 801 applications for licenses must include all information specified by relevant instructions and or forms and must fully disclose the names of all parties who are concerned with or interested in the proposed transaction Furthermore OFAC asks that license applications include a detailed description of the proposed transaction including the names and addresses of any individuals companies involved 14 OFAC has issued guidance for NGOs on licensing requirements for sanctions programs concerning Sudan Burma Cuba and Iran That guidance provides additional information on the respective license application requirements for those sanctions programs 15 Applications for licenses in these countries tend to require similar types of information such as the name and address of the NGO applying for the license the full name nationality citizenship and current country of residence of key staff members financial information and reports and a detailed description of the NGO s proposed activities 16 According to 31 CFR 501

    Original URL path: http://www.charityandsecurity.org/background/OFAC_Licensing (2016-02-16)
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  • Charity and Security Network 2008 Reform Proposals | Charity & Security Network
    13224 with a new Executive Order that limits use of economic sanctions programs to financial and material support of terrorism and not the current overly broad exploitation and abuse standard The new EO should also include an intent standard Create fair procedures for individuals to get off watch lists that include deadlines for agency decisions and appeal rights Support due process reforms for UN watch lists Generate specific due process reforms for sanctions action under the International Emergency Economic Powers Act IEEPA and improve the designation process to include due process protections and intermediate sanctions for charities and foundations Process recommendations include Cease and desist orders to charity from Treasury Opportunity to cure 60 90 days to sever a tie restructure a program fire employee etc Administrative hearing to challenge designation that includes cross examination ability to submit evidence etc Process for releasing funds to beneficiaries via another charity including a time limit on frozen funds Order the FBI Joint Terrorism Task Force and other federal agencies to cease surveillance of nonviolent U S organizations and order the new Attorney General to revise any guidelines that authorize surveillance on innocent Americans exercising their First Amendment rights to speech assembly and association Make U S national security laws and policies consistent with the Red Cross Code of Conduct for humanitarian aid See http www ifrc org publicat conduct code asp Institute review of barriers to charitable programs created by national security laws including the narrow exceptions to prohibited material support and recommend ways to remove them Patriot Act reauthorization in Feb 2008 is one opportunity for reform The Dept of Justice should drop its legal opposition to the Humanitarian Law Project s human rights and conflict resolution training for the PKK and LTTE The Secretary of State should exercise his her power to grant exemptions for material support by establishing clear ongoing policy under current law using the humanitarian waiver or the general amendments to the statute Withdraw the Treasury Guidelines and establish suggested practices that include reasonable vetting procedures AND incorporate the Red Cross principles of the humanitarian imperative Drop the USAID Partner Vetting System program pending examination and overhaul Make general licenses for charitable operations consistent and workable for aid groups in areas such as Sudan Burma Ensure charitable funds frozen by the Treasury Department are ultimately released and used for charitable purposes Congress should ask the General Accountability Office to conduct an investigation of frozen charitable funds to determine how much is currently blocked whether the organizations involved are defunct or managers can be identified and located what barriers exist to transferring the funds for charitable purposes and what that law provides for the eventual disposition of the funds Treasury should begin implementing a program to release frozen funds based on the nonprofit sector s proposed procedures and powers existing in current regulations Increase government oversight over the impact national security laws have on humanitarian aid development and charitable programs All Congressional hearings relating to national security issues

    Original URL path: http://www.charityandsecurity.org/solutions/summary_reform_recommendations (2016-02-16)
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  • Model Policies for Fair Procedures for Listing and Delisting U.S. Charities | Charity & Security Network
    a nonprofit receiving notice from the USG to obtain a license from Treasury to retain counsel or communicate with persons in possession of information necessary to formulate a response to the USG s specific allegations 3 Classified evidence If classified information serves as a basis for government action against the nonprofit the following provisions apply a NOTICE Within 10 days of any government action against a nonprofit the USG should provide the nonprofit with fair notice of the classified information at issue b OPTIONS FOR NONPROFIT VIEWING AND USE OF CLASSIFIED INFORMATION Upon receipt of notice from the USG that classified information is at issue in the investigation the nonprofit may opt to follow one of the following procedures i ATTORNEY WITH SECURITY CLEARANCE The nonprofit may request that in lieu of its access to the classified information the USG allow its attorney with the appropriate security clearance to access the classified information Such counsel will participate in the review of classified information to determine disclosure issues If the nonprofit hires an attorney with security clearance to access to classified information the attorney may share specified documents with the client upon a particularized showing of the need to share documents with a client The USG should consider whether specified documents are essential for client review and in such cases consider declassification of the documents or find a substitute means to allow the nonprofit to review the essential information ii SUBSTITUTION OF CLASSIFIED INFORMATION In lieu of an attorney with security clearance viewing classified evidence the nonprofit may request the substitution for such classified information of a statement admitting relevant facts that the specific classified information would tend to prove or the substitution for such classified information of a summary of the specific classified information The summary must be sufficiently detailed to allow the nonprofit to put forth a meaningful legal response 7 c ORGANIZATIONS OWN DOCUMENTS NOT CONSIDERED CLASSIFIED Documents created by the nonprofit or obtained from the nonprofit s records should be accessible to it d RIGHT TO EXCULPATORY INFORMATION Whenever the USG determines that classified information may be disclosed in connection with government action it should provide the nonprofit with the information in its possession that can be used to rebut the classified information The USG should be under a continuing duty to disclose such rebuttal information e ANONYMOUS WITNESSES The USG should corroborate any evidence provided by anonymous witnesses before it may base adverse action on such evidence f RELIEF FOR NONPROFIT WHEN USG OPPOSES DISCLOSURE If the USG declines to disclose information under the process outlined above after an investigation or adverse government action is initiated and after notice of that classified information is at issue the nonprofit may petition the federal district court within 45 days for an order under the Classified Information Procedures Act allowing it access to the information The United States could in connection with such a petition submit to the court an affidavit of the head of the USG agency certifying

    Original URL path: http://www.charityandsecurity.org/solutions/model_due_process_procedures_charities (2016-02-16)
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  • Power Point of Proposed Policy Reforms | Charity & Security Network
    to open 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

    Original URL path: http://www.charityandsecurity.org/solution/CSN_Proposal_Summary (2016-02-16)
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  • Proposals from Muslim Advocates | Charity & Security Network
    designating groups as supporters of terrorism including notice and opportunity for defense 3 policies that ensure frozen charitable funds are spent for charitable purposes State 1 use its authority under 18 USC 2339B j to waive the material support prohibition for technical advice and assistance training and personnel where intended for humanitarian purposes and not used to carry out terrorist activity in order to ensure that well intentioned charities can deliver essential aid Homeland Security 1 stop customs agents from asking international travelers questions about First Amendment protected religious and political activities associations and beliefs Justice 1 address issues relating to racial profiling of charities and donors 2 create a redress process for those placed on watchlists See the full text here 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

    Original URL path: http://www.charityandsecurity.org/solutions/Muslim_Advocates_Proposals (2016-02-16)
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  • Principles and Procedures for Release of Frozen Funds for Charitable Purposes | Charity & Security Network
    clinics In kind donation of medicines medical supplies and medical devices to hospitals clinics or other health care facilities owned or operated by the Ministry of Health Donated medical services in the West Bank and Gaza involving the Ministry of Health Goods and services related to disease eradication Dealings with universities and other educational institutions in the West Bank and Gaza Goods and services relating to education including teaching in the West Bank and Gaza Provision to and receipt from the Palestinian Authority of informational materials Small scale water projects in the West Bank and Gaza for the benefit of municipalities not controlled by a Hamas mayor and or a Hamas majority in the municipal council Treasury indicates that favorable treatment is more likely if the application meets these conditions a compelling case exists that there is no practical means to achieve the desired humanitarian goal outside of the proposed transactions with the Palestinian Authority the activities are designed to benefit directly persons in the West Bank and Gaza under circumstances in which notwithstanding the practical need to involve the Palestinian Authority the activities will not be subject to the control of the Palestinian Authority other than for routine administrative approvals the activities will not provide any significant material benefit including technical advisory assistance to the Palestinian Authority The U S Government also will look favorably on those projects and activities that provide humanitarian goods or services and activities that will stimulate private sector commerce 2 Defunct Board Group Treasury issues regulations incorporating the cy press doctrine with limitations requiring funds be used for a purpose consistent with intent of donors After time for all appeals has run or appeals have been lost Treasury attempts to contact a representative of the designated organization i e 60 90 days The nonprofit

    Original URL path: http://www.charityandsecurity.org/Solution/Procedures_Release_Funds_Charity (2016-02-16)
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  • Constitution Project Reform Recommendations to Obama Transition Team: Change Security Laws Impacting Charities and Foundations | Charity & Security Network
    aid and services Rather than distributing aid on the basis of where the need and potential for positive impact are greatest current counterterrorism measures have caused some nonprofits to avoid the very global hotspots that would benefit the most from their work Indeed in some cases these measures have damaged charities relationships with the communities they serve damaging the international goodwill and promise for stability that these relationships had helped to create These laws are the Antiterrorism and Effective Death Penalty Act AEDPA of 1996 amended by the USA PATRIOT Act which bars material support for terrorism and the International Emergency Economic Powers Act IEEPA which allows the government to designate U S charities as supporters of terrorism based on secret evidence and lacks due process protections Funds of designated charities are frozen indefinitely i Specific recommendations include Improve the national security regulation of charities by ending the use of the International Emergency Economic Powers Act IEEPA to regulate charities and allowing the Department of State to develop a more effective and appropriate framework Withdraw the Treasury Department s ineffective Guidelines and replace with real guidelines that help charities continue to meet critical needs while ensuring their scarce resources are used for legal and charitable purposes Direct the Secretary of State to use his or her authority under 18 USC 2339B j to waive the material support prohibition for technical advice and assistance training and personnel where no violent activity is involved Amend the material support statute to include intent and make it consistent with Red Cross standards for humanitarian aid Ensure charitable funds frozen by the Treasury Department are ultimately released and used for charitable purposes Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles

    Original URL path: http://www.charityandsecurity.org/Solutions/Constitution_Project_Transition_Recommendations_Charities (2016-02-16)
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  • Appeals Court Says Charity's Challenge to Warrantless Wiretapping Can Proceed | Charity & Security Network
    show there is reasonable cause to believe they have been injured or have standing For standing purposes FISA defines an aggrieved party as the target of an electronic surveillance or one whose communications or activities were subject to electronic surveillance 50 USC 1801 k Nearly four dozen other cases challenging the legality of NSA s warrantless surveillance program have been dismissed for lack of standing because the plaintiffs were unable to produce the necessary evidence to demonstrate the privacy rights of U S citizens had been violated DOJ continued to argue that the Al Haramain case should be dismissed because of the state secrets privilege appealing to the Ninth Circuit Court of Appeals In November 2007 the court sent the case back to the District Court to determine whether FISA s provisions protecting aggrieved persons supersedes the state secrets privilege In July 2008 the District Court held the FISA provisions govern but required Al Haramain to show it was an aggrieved party using non classified evidence Al Haramain then filed an amended complaint using public record statements of various government officials to show it was targeted for warrantless surveillance DOJ moved to dismiss and Plaintiff s filed discovery motions to proceed with the case Treasury designated Al Haramain as a supporter of terrorism in 2004 effectively shutting it down by freezing its assets In a separate case Al Haramain has challenged the constitutionality of the designation process saying it deprives charities of an opportunity to contest the basis of the designation In November 2008 a federal court agreed ruling that the process violated basic due process rights The judge also ruled that the definition of material support of terrorists is constitutionally vague The judge ordered further proceedings on the consequences of the due process violation The Jan 5 2009 Ruling by the District Court Allows Judge to View Document Attorneys to View Judge s Orders The Jan 5 2009 District Court ruling said Al Haramain s amended complaint recites in considerable detail a number of public pronouncements of government officials about the Terrorist Surveillance Project TSP and a sequence of events pertaining directly to the government s investigations of Al Haramain Oregon These included an October 2007 speech by FBI Deputy Director John S Pistole to the American Bankers Association and American Bar Association that was posted on the FBI website In it he said the FBI used surveillance in connection with Treasury s 2004 investigation of Al Haramain DOJ had argued that the court could only allow Al Haramain s suit to proceed if the government admitted to the surveillance which it has not done in court filings The court disagreed saying it must interpret FISA in a way that does not make the process for aggrieved parties superfluous To do this it said Al Haramain s non classified evidence must establish a reasonable inference that the surveillance occurred in order to have standing to proceed to trial DOJ said this approach would open a floodgate of litigation but

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