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  • News | Charity & Security Network
    Supreme Court to Consider Whether Definition of Prohibited Material Support Too Vague New Guidelines for State Secret Privilege Date September 30 2009 On Sept 23 2009 Attorney General Eric Holder issued a memorandum instituting new Department of Justice policies and procedures for using the Executive state secrets privilege The policy which parallels several related recommendations from the Moving Toward a 21st Century Right to Know Agenda will be implemented on Oct 1 Despite some critics who feel it does not sufficiently limit the privilege others see the changes as a good start Read more about New Guidelines for State Secret Privilege Expiring Provisions of Patriot Act under Review by Congressional Committees Date October 1 2009 On Oct 1 2009 the Senate Judiciary Committee began consideration of three expiring provisions of the Patriot Act that all involve government investigation and surveillance powers aimed at thwarting international terrorist attacks After hearing from the Obama administration that it would consider ideas for modifications to protect privacy the committee passed a proposal sponsored by chairman Patrick Leahy D VT and began considering a series of amendments Read more about Expiring Provisions of Patriot Act under Review by Congressional Committees Bitter Memories of 2001 Committee Work on PATRIOT Act Linger for Some in House Date October 15 2009 When a House Judiciary Subcommittee met on Sept 22 2009 to discuss reauthorizing certain provisions of the PATRIOT Act John Conyers D MI had a déjà vu moment During testimony to the subcommittee the DOJ s Deputy Assistant Attorney General advocated for the retention of the important and effective statutes Read more about Bitter Memories of 2001 Committee Work on PATRIOT Act Linger for Some in House OMB Watch Controversial Patriot Act Reauthorization Ready for Senate Floor Date October 16 2009 On Oct 7 the Senate Judiciary Committee approved a bill the USA Patriot Act Sunset Extension Act of 2009 S 1692 to reauthorize the Patriot Act The bill introduced by Sen Patrick Leahy D VT chair of the committee passed with bipartisan support but has been denounced by civil liberties groups and privacy advocates A week earlier the committee voted down another reauthorization bill the JUSTICE Act S Read more about OMB Watch Controversial Patriot Act Reauthorization Ready for Senate Floor Court Orders Treasury Not to List KindHearts as Supporter of Terrorism Pending Outcome of Litigation Date November 2 2009 Read more about Court Orders Treasury Not to List KindHearts as Supporter of Terrorism Pending Outcome of Litigation Letter to House Members Calls for Real Patriot Act Reforms Date November 2 2009 Read more about Letter to House Members Calls for Real Patriot Act Reforms Judicial Review for Charities Working in UK Date November 2 2009 Demonstrating that judicial review is available to charities operating in the UK on Oct 13 2009 the Charity Commission s decision to remove Nagedram Seevaratnam from his post as a trustee was overturned by the First tier Tribunal of London Tribunal Read more about Judicial Review for Charities Working in

    Original URL path: http://www.charityandsecurity.org/content_type/news?tid=All&page=8 (2016-02-16)
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  • News | Charity & Security Network
    Oversight Countering Violent Extremism Criminal Cases Dissent and Surveillance Due Process Faith Based Organizations Frozen Funds Gov t Watchlists and Databases Grantmaking Guidelines and Codes of Conduct Human Rights Impact on U S Nonprofits International Issues Links Material Support Militarization of Aid Miscellaneous Solutions Partner Vetting System Leave blank for all Otherwise the first selected term will be the default instead of Any New Budget Language Intended to Rein In Partner Vetting System Date January 21 2016 Author External Link Report language in the Omnibus budget bill is intended to rein in the U S Agency for International Development s USAID Partner Vetting System PVS With the insertion of this paragraph once the PVS pilot program is completed USAID and the U S Read more about New Budget Language Intended to Rein In Partner Vetting System C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism Date February 8 2016 Author External Link In a letter to the UN High Commissioner for Human Rights more than 50 organizations including the Charity Security Network raise serious concerns about the UN s plans for preventing violent extremism PVE including a resolution and an upcoming panel on human rights and preventing and countering violent extremism at the 31st Session of the UN Human Rights Council Read more about C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism Pages first previous 41 42 43 44 45 46 47 48 49 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

    Original URL path: http://www.charityandsecurity.org/content_type/news?tid=All&page=48 (2016-02-16)
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  • Background Document Topic Index | Charity & Security Network
    and Remittances Material Support U S Treasury Department Licensing 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

    Original URL path: http://www.charityandsecurity.org/Documents_Landing_Page_Overview (2016-02-16)
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  • Studies/Reports Overview and Topic List | Charity & Security Network
    CRS Report on White House s Strategy for Countering Violent Extremism Development InterAction Policy Paper New Vision for U S NGO USAID Relationship Enabling Environment for Civil Society Sectoral Equity UN Special Rapporteur Finds Disparities in Laws for Businesses Associations Report How Civil Society Engagement Can Help the UN Peacebuilding s Architecture Meet its Purpose CSN Essay on FATF in State of Civil Society Report 2015 UN Releases Report on Impact of Multilateral Organizations Impact on Civil Society Freedoms of Assembly and Association Cites FATF CIVICUS Report on State of Civil Society 2014 Report Protect and Expand Space for Civil Society CIVICUS Report Global Restrictions on Civil Society State Dept Human Rights Report Denounces Crackdown on Civil Society UN Expert Rights of Assembly and Association Must Be Protected Threats to Civil Society on Rise Says CIVICUS 2013 Report WEF Civil Society s Future Bright but Not Without Challenges Paper Role of Civil Society in Checking Government Restrictions on Fundamental Rights Financial Access and Remittances De Risking Creates Unintended Consequences for Global Poor Remittances to Somalia Continue to Decline Study Hanging by a Thread The Ongoing Threat to Somalia s Remittance Lifeline Oxfam Terror Financing Fears Hurting Remittances to Somalia Again Financial Action Task Force Report The Impact of FATF Recommendation 8 on Civil Society in Europe and Asia CSN Essay on FATF in State of Civil Society Report 2015 FATF Typology Report Finds Service NPOs Most at Risk of Terrorist Abuse UN Releases Report on Impact of Multilateral Organizations Impact on Civil Society Freedom of Assembly and Association Cites FATF Study FATF Doesn t Do Enough to Evaluate Effectiveness Monitor Potential Harms Grantmaking Study Examines Counterterrorism Clauses in Grants Humanitarian Aid New Study UK Humanitarian Aid in the Age of Counterterrorism Perceptions and Reality Study Communications Technology and Humanitarian Delivery Challenges and Opportunities for Security Risk Management Study The Future of Humanitarian Security in Fragile Contexts by EISF Study Examines Anti Diversion Policies of Humanitarian Organizations Study Talking to the Other Side Humanitarian Negotiations with al Shabaab in Somalia CRS Study Syria Overview of the Humanitarian Response Report Provides Snapshot of Global Humanitarian Financing UN USAID Report Finds Inadequate Aid Contributed to Higer Than Estimated Deaths in Somalia Famine Report Humanitarian Aid Sparks Long term Benefits to Society ODI Report Talking to the Other Side Report on State of the Humanitarian System Politicization of Aid Disrupts Aid Delivery CRS on U S Aid to West Bank and Gaza ODI Negotiating Humanitarian Access Humanitarian Space A Review of Trends and Issues Human Rights Report Restrictive Laws Are Cracking Down on Global Human Rights Defenders UN Human Rights Council Nations Must Protect Human Rights Defenders International Law Law Review Transformation of International Law Post 9 11 Paper Is the U S Undermining International Humanitarian Law Paper International Humanitarian Law Primary Means of Protecting Civilians Report IHL and IHRL Work Together to Protect Rights of Civilians Material Support Report Uncovers Over Hyped Material Support of Terrorism Prosecutions by U S Article Chilling Effect

    Original URL path: http://www.charityandsecurity.org/node/1340 (2016-02-16)
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  • Analysis Overview and List of Topics | Charity & Security Network
    Socity Memorandum and Initiatives International Issues The Financial Action Task Force What Nonprofits Need to Know How the FATF Is Used to Justify Laws That Harm Civil Society Freedom of Association and Expression UN Counterterrorism Framework Key Programs and Tools Partner Vetting System PVS Synchronized Pre Deployment and Operational Tracker SPOT Summary USAID s Partner Vetting System CSN Files Comments on Proposed USAID Rule Vetting in Afghanistan Issues with the Defense Department State and USAID PVS Flawed Assumptions about Effective Vetting of Humanitarian Activity Issue Brief USAID Must Consider Alternative Vetting Approaches In a Bad SPOT Why a Military Database for NGOs Is Impractical Departments of Treasury State Analysis US National Terrorist Financing Risk Assessment 2015 Sets Stage for Review of Rules Impacting Nonprofit Organizations Review of Legislative History Shows Treasury s Position on Frozen Charitable Funds Without Basis A Comparison of Due Process Rights in Terrorist Designation Processes to the Charity and Security Network s Model CSN Comments on Treasury s FAQ for Protecting Charitable Giving Chart How Many Children Could be Helped if Frozen Charitable Funds Were Released Selective Enforcement Charities Targeted for Harsher Sanctions Analysis 2006 Treasury Dept Voluntary Anti Terrorist Financing Guidelines The Disconnect U S Doesn t Follow the State Department s Guiding Principles on Non Governmental Organizations More Analysis A License to Aid How Politics Delays Aid to Civilians in Conflict Zones Material Support and the Need for NGO Access to Civilians in Need Judges Application of Executive State Secret Privilege Limited Legal Roadblocks for U S Famine Relief to Somalia Creating Humanitarian Crisis 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

    Original URL path: http://www.charityandsecurity.org/Analysis_Overview (2016-02-16)
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  • Litigation Overview and List of Key Cases | Charity & Security Network
    Court Ruling in HLP Case Supreme Court Ruling Provision of Advocacy and Training in Nonviolent Peaceful Conflict Resolution Violates Terrorism Material Support Laws KindHearts for Charitable and Humanitarian Development Inc KindHearts Kindhearts case summary Favorable Settlement in Case of Shut Down Charity KindHearts Ruling Due Process and Probable Cause Required to Shut Down Charities KindHearts Case Timeline KindHearts v Treasury Successful Challenge to the Constitutionality of Treasury Shutting Down a Charity Holy Land Foundation HLF HLF case summary A Material Support of Terrorism Case Results in Long Sentences for former Charity Officials Summary The Fifth Circuit s Holy Land Foundation Decision HLF Leaders Ask Court to Vacate Sentences HLF Not Included in Motion Holy Land Foundation Leaders Seek New Trial Citing New Evidence Publication of Unindicted Co Conspirator List Violated Due Process Rights 5th Circuit Court of Appeal Rules Exhibits and Transcripts from the Second HLF Trial Al Haramain v Bush Al Haramain v Bush case summary Trying to Hold the Executive Branch Responsible for Illegal Wiretapping Al Haramain v Obama Summary U S Charity s Phones Were Illegally Wiretapped Al Haramain v Treasury Al Haramain v Treasury case summary Successfully Challenging Treasury s Unlimited Power to Shut Down Charities Summary of 9th Circuit Ruling that Treasury s Listing Procedures Are Unconstitutional Care International Defendant Petitions U S Supreme Court Convictions Reinstated for Boston Charity Officials Child Foundation Oregon Charity Head Receives House Arrest for Violating Iran Sanctions Chiquita Banana Double Standard Chiquita Fined Not Shut Down for Interactions with Terrorist Group First Unitarian Church of Los Angeles v National Security Agency Overview of Nonprofit Lawsuit Against the NSA Yassin A Kadi Challenging His Terrorist Designation Court Decisions on Due Process for Terrorist Listing Differ in EU U S Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial

    Original URL path: http://www.charityandsecurity.org/Litigation_Overview (2016-02-16)
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  • De-Risking and Financial Access Webinar: Recording Now Available | Charity & Security Network
    Understanding Bank De rising and its Effects on Financial Inclusion Scott Paul Senior Humanitarian Policy Advisor Oxfam America Moderated by Kay Guinane Director Charity Security Network Report authors Vijaya Ramachandran and Tracey Durner discussed their respective reports on bank de risking in a webinar with commentary from Scott Paul of Oxfam America who will focus on the impact on the nonprofit sector The Center for Global Development report concludes that efforts to curb money laundering and illicit terrorist financing have had unintended consequences internationally in particular for people and organizations in poor countries via remittances correspondent banking and humanitarian aid The Global Center on Cooperative Security report found that bank de risking represents a market failure and that in clear instances of market failure either government or the public sector must intervene to re align market factors either through incentive programs or through enhanced regulatory guidance Both reports can be downloaded by following the links above Event Date Thursday January 7 2016 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

    Original URL path: http://www.charityandsecurity.org/January_7_Webinar_Derisking (2016-02-16)
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  • Partner Vetting System: Summary and Analysis | Charity & Security Network
    with the Committees on Appropriations prohibit USAID and State from implementing similar vetting systems outside the pilot countries unless required to respond to existing security threats The report language also requires State and USAID to ensure that all individuals vetted through the pilot are able to obtain information on how data is used by the U S government The report following completion of the pilot must include recommendations for standardizing and streamlining vetting processes consideration of exemptions for humanitarian and democracy assistance analysis of privacy and data protection concerns a description of consultations with governmental and nongovernmental stakeholders affected by the pilot program and responses to concerns raised during these consultations Criticism Numerous NGOs oppose the PVS pilot and have recommended that the Department of State and USAID consider alternative approaches to vetting its partners Is PVS a Solution in Search of a Problem Many NGOs who filed comments on the proposed pilot program noted that there is no evidence that USAID funds have been diverted to terrorist organizations through NGOs Many aid groups describe PVS as a solution in search of a problem In fact the USAID Office of the Inspector General has reported that it did not identify any instances where terrorist organizations received USAID funds p 18 when exercising its oversight of programs in USAID s sensitive West Bank Gaza portfolio for 2006 and 2007 Nor has it reported finding such diversions elsewhere Before proposing PVS USAID had already taken action to prevent diversion of its funds to terrorists In March 2002 it began including a clause in grant agreements reminding grant applicants of the prohibition on transactions with terrorist organizations in Executive Order 13224 This bars transactions with organizations on a list of Specially Designated Global Terrorists SDGT published by the Department of the Treasury s Office of Foreign Assets Control OFAC In December 2002 USAID began requiring all grantees to certify that funds do not assist terrorist activity and in November 2005 it issued a bulletin reminding USAID officers of their responsibility to check the SDGT list during the grant award process When introducing the PVS pilot USAID now said that these procedures are insufficient and that merely checking names against the OFAC master list and requiring self certification may not constitute adequate due diligence in certain situations Intelligence Gathering and Aid Worker Safety Perhaps the biggest concern surrounding PVS is that NGOs will be perceived as intelligence arms of the U S government increasing the security risk for partner employees and violating the neutrality of NGOs As such PVS can discourage international and local partners from working with U S NGOs and deter U S citizens and foreign nationals from working for U S funded programs The perception that grantees are acting as agents of the U S government undermines the basic principles of neutrality and trust upon which NGOs rely to preserve the safety of their staff in dangerous regions or in politically sensitive environments and could lead to retaliation against aid workers by terrorist organizations militias and foreign governments Rather than enhancing security requiring NGOs to collect and submit personal information to the U S government increases the risk of violence against aid workers InterAction the largest alliance of U S based humanitarian and international development NGOs has said that PVS could lead communities to suspect complicity between intelligence and U S NGOs inflame conspiracy theories and shatter trust fostered between NOGs and local partners In 2012 the U S State Department admitted there can be no guarantee that collecting this data will not create suspicion and hostility toward NGOs State cannot of course control the perceptions of other parties about U S government activities and must acknowledge the possibility of such a view however those organizations relying on U S government funding for their operations already face such suspicions among hostile parties This statement demonstrates a disturbing lack of understanding of the independent nature and more often than not dangerous working environment of NGOs by USAID Elizabeth Ferris a Senior Fellow at the Brookings Institution focusing on refugees and responses to humanitarian crises says systems like PVS compromise the principles that have enabled NGOs to provide life saving assistance to civilians in some of the world s most dangerous places T hese principles have come under increasing threat as policy makers try to use humanitarian assistance in support of the struggle against terrorists and insurgents she wrote on her blog Rather than aid being seen as a response by the U S population to suffering people in need Ferris said it will be increasingly seen as another tool of U S foreign policy Concerns with Government Lists The ACLU s comments on PVS said these databases raise serious due process concerns in light of the fact that the lists are error filled and unreliable with many false positives and there is no effective means for challenging the fact that one is on the list ACLU research has uncovered numerous instances where people have been put into terrorism related databases because of activities supporting human rights the environment peace and other causes The U S government maintains many lists and databases all with different standards for listing people and how the information is intended to be used A match could mean someone has a relative or neighbor suspected of associating with a terrorist organization or they have a similar name as someone else on the list There are numerous reports of cases of mistaken identity or false positives on government watch lists One of the better known terrorist watch list errors includes the listing of the alias of Anthony Romero Antonio Romero the executive director of the ACLU on the OFAC listing in 2004 OMB Watch said Processing Delays and Undue Burden on Applicants For years NGOs have voiced concerns that State and USAID underestimate the bureaucratic red tape increase in costs and other burdens PVS will impose on their humanitarian and development activities around the world Although USAID will not require

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