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  • How the FATF Is Used to Justify Laws That Harm Civil Society, Freedom of Association and Expression | Charity & Security Network
    rights to freedom of peaceful assembly and association Kiai said The right to freedom of association not only includes the ability of individuals or legal entities to form and join an association but also to seek receive and use resources from domestic foreign and international sources British Virgin Islands BVI The British Virgin Islands BVI proposed Non Profit Organizations Bill seeks to register and monitor the operations of all non profit organizations in the BVI Proponents of the bill including Ronnie Skelton the Minister for Health and Social Development explicitly linked passage of the bill to meeting the recommended standards of the FATF In October 2012 Skelton told members of the BVI s House of Assembly that adopting the bill would make the country more likely to be compliant with FATF standards in future assessments After recapping the history of FATF the Objects and Reasons section of the bill states Special Recommendations VIII SR VIII of the Financial Action Task Force FATF concerns non profit organizations It requires countries to review the adequacy of laws and regulations that relate to entities that can be abused for the financing of terrorism When the Virgin Island s Anti Money Laundering Combating the Financing of Terrorism regime was assessed by the Caribbean Financial Action Task Force CFATF in 2008 the Territory s non profit organizations regime was evaluated not to be at the desired level Sections of the proposed bill of concern for non profit organizations include Section 11 1 would require the annual registration of all nonprofit organizations The definition of a nonprofit organization includes a body of persons promoting social purposes Under Section 11 2 the penalty for failing to register is a fine not exceeding fifty thousand dollars or imprisonment for a term not exceeding three years or both Under Section 23 2 and 23 3 a nonprofit with more than three employees must appoint a Money Laundering Reporting Officer Under Section 23 4 and as confirmed by the FSC nonprofits with less than three employees are required to perform the Money Laundering Reporting Officer functions though they need not appoint a MLRO Under Schedule 3 of the bill fines range from 3 000 30 000 including a 5000 for failure to maintain any records required to be maintained This issue was a particular concern to smaller nonprofits including those with all volunteer staff Under Section 24 organizations with gross annual income over 25 000 are required to submit audited financials Several organizations both large and small expressed distress over meeting the administrative and financial costs outlined in the bill if it s passed These groups include ones working on crisis intervention family support a group cataloguing species of plants and animals the local chamber of commerce and the local search and rescue league Commentary UN Special Rapporteur Kiai notes that unregistered associations have protection under international human rights standards and are eligible to access funding He also notes that the International Covenant on Civil and Political Rights makes no distinction between registered and unregistered associations The BVI universal registration requirement clearly violates freedom of association The other provisions are unnecessarily burdensome and are disproportionate violating the international law standard that requires restrictions on association to be both necessary in a democratic society proportional and the least restrictive means necessary to achieve a legitimate end In addition the BVI rules go beyond what the FATF s own Interpretive Note on Nonprofits IN recommends IN para 3 e which calls for a targeted approach IN para 6 b which states that supervisory measures should apply to NPOs that account for a significant portion of the financial resources under the control of the sector and a substantial share of the sector s international activities IN para 3 b which states that Measures adopted by countries to protect the NPO sector from terrorist abuse should not disrupt or discourage legitimate charitable activities The BPP which states that oversight should be flexible effective and proportional to the risk of abuse In addition it states that Small organisations that do not raise significant amounts of money from public sources and local based organisations or organisations who primary function is to redistribute resources among members may not necessarily require enhanced government oversight Kyrgyzstan Kyrgyzstan s money laundering anti terror finance law The Counteracting Terrorist Financing and Legalization of Proceeds from Crime was adopted in November 2006 and amended in 2009 in accordance with the FATF s recommendations according to the Eurasian Group EAG on Combating Money Laundering and Terrorist Financing an FATF style regional organization The law creates a regulatory body which is directed to develop rules aimed at use of non commercial entities and charitable operations for terrorist financing Charitable financial transactions are among those listed as subject to compulsory control which is defined as regulatory acts in relation hereto on control over operations with financial means or property based on data provide by the entities engaged in such operations as well as on check of such provided data in accordance with legislation of the Kyrgyz Republic In April 2013 Kyrgyzstan s financial investigative unit the State Financial Intelligence Service asked the legislature to pass a law to address the country s AML CFT deficiencies cited by the FATF in its February 2013 assessment so the country can be removed from the dark gray list These deficiencies include failure to adequately criminalizing terrorist financing and clarifying the legal framework for identifying tracing and freezing terrorist assets Possibly inspired by neighboring states like Russia a member of Kyrgyzstan s Parliament also called for checking the foreign funding sources for NPOs What s their purpose here What ideologies they have They might be financed by terrorists Their members get several thousands of dollars cash not through banks but in the U S Embassy MP Tursunbay Bakir uulu said Commentary If Kyrgyzstan moves in the direction of excessive control of foreign funding for NPOs or if its regulations under the compulsory control provision of the 2009 are overly

    Original URL path: http://www.charityandsecurity.org/analysis/Restrictive_Laws_How_FATF_Used_to_Justify_Laws_That_Harm_Civil_Society (2016-02-16)
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  • UN Counterterrorism Framework: Key Programs and Tools | Charity & Security Network
    is no longer adequate justification for refusing to cooperate After 9 11 many UN members expressed concern that the Security Council led counterterrorism framework was usurping the authority of the General Assembly and largely limiting its focus to security measures In response the General Assembly voted unanimously in September 2006 to adopt the UN Global Counter Terrorism Strategy Strategy which advances a more holistic approach than the Security Council regime The UN Global Counter Terrorism Strategy Moving beyond preventing and combating terrorism solely through traditional legal and law enforcement contexts the 2006 United Nations Global Counter Terrorism Strategy recognizes the need to complement security concerns with action that addresses the conditions that may be conducive to spreading violent extremism Respect for human rights the prevention and resolution of conflicts the promotion of the rule of law development work education programs and the promotion of dialogue are some of the areas the Strategy recognizes as key concerns in both individual and collaborative efforts to counterterrorism The Strategy consists of four pillars Measures to address the conditions conducive to the spread of terrorism Measures to prevent and combat terrorism Measures to build states capacity to prevent and combat terrorism and to strengthen the role of the UN system in this regard Measures to ensure respect for human rights for all and the rule of law as the fundamental basis of the fight against terrorism In September 2008 the General Assembly issued a resolution reaffirming the United Nations Global Counter Terrorism Strategy and its four pillars and encouraged non governmental organizations and civil society to engage as appropriate on how to enhance efforts to implement the Strategy Two years later the General Assembly conducted the second biennial review of the Strategy reiterating that it remains the strategic framework and practical guidance on joint international efforts to counter terrorism It also recognized the need to enhance the role of the UN including the Counter Terrorism Implementation Task Force CTITF with other international and regional organizations in international counterterrorism efforts Counter Terrorism Implementation Task Force CTITF To assist UN members with the implementation its counterterrorism efforts the UN Secretary General created the Counter Terrorism Implementation Task Force CTITF in 2005 The CTITF works to ensure overall coordination and coherence among at least two dozen entities throughout the UN system involved in counter terrorism efforts CTITF has a large mandate but limited staff and capabilities The General Assembly has called for enhancing the role of the Task Force and strengthening its coordination and capacity building efforts CTITF has developed working groups to help UN members implement the strategy Working groups including Addressing Radicalization and Extremism that Lead to Terrorism provides assistance in identifying how people become engaged in terrorist acts and ideas for undermining the appeal of terrorism Countering the Use of the Internet for Terrorist Purposes identifies stakeholders and partners to discuss the abuse of the internet for terrorist purposes and identify possible ways to combat this abuse Protecting Human Rights While Countering Terrorism promotes and protects human rights in the context of counter terrorism through the development of practical tools and facilitating an exchange of information on priority human rights concerns Strengthening the Protection of Vulnerable Targets establishes appropriate mechanisms to facilitate both the sharing of existing best practices and the development of further best practices to protect vulnerable targets Supporting and Highlighting Victims of Terrorism lays the foundation for a constructive dialogue between victims and UN members build solidarity between victims UN members the international community and civil society Tackling the Financing of Terrorism examines the various components of counterterrorism financing strategies including the Financial Action Task Force FATF recommendations Click here to find out What is the Financial Action Task Force and Why Nonprofits Should Care The CTITF includes representatives from 31 international entities including Counter Terrorism Committee Executive Directorate CTED the Department of Peacekeeping Operations DPKO the Department of Political Affairs DPA the Department of Public Information DPI the International Monetary Fund IMF the 1267 Monitoring team the Office of the High Commissioner for Human Rights OHCHR the Special Rapporteur on the Promotion and Protection of Human Rights while Countering Terrorism the United Nations Development Program UNDP the World Bank and the International Criminal Police Organization INTERPOL More about some of these groups in Other UN entities The Global Counterterrorism Forum The Global Counterterrorism Forum GCTF is a multilateral body with 30 founding members 29 countries plus the European Union from around the world Started in September 2011 the GCTF assists with implementation of the UN Global Counter Terrorism Strategy and is a leading body on non military multilateral action against terrorism It is still in its infancy but it has been reported that it will host three regional and two thematic working groups the latter focusing on the rule of law and the prevention of violent radical extremism The State Department s GCTF Fact Sheet and related documents reports speeches etc are available With its primary focus on capacity building the GCTF aims to increase the number of countries capable of dealing with the terrorist threats within their borders and regions The GCTF will facilitate sharing of best practices as part of a sustained effort to help the international community meet identified counterterrorism capacity building needs It will also sponsor a multilateral training and research center on violent prevention to be based in Abu Dhabi Protecting Human Rights While Countering Terrorism With many of the Security Council resolutions and other tools the focus of the counterterrorism approach is weighted toward security concerns But the protection of human rights and respect for the rule of law while combating terrorism has also been addressed by the UN bringing the overall counterterrorism framework towards a more balanced and comprehensive approach For example a March 2004 resolution from the General Assembly r eaffirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law in particular international human rights refugee and humanitarian law This complements other General

    Original URL path: http://www.charityandsecurity.org/analysis/UN_Counterterrorism_Framework_Key_Programs_and_Tools (2016-02-16)
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  • Review of Legislative History Shows Treasury's Position on Frozen Charitable Funds Without Basis | Charity & Security Network
    to give terrorist victims who actually receive favorable judgments a right to execute against assets that would otherwise be blocked Thus although the statute applies broadly to every case in which a person has obtained a judgment it confers no entitlement on victims who have not yet obtained judgments Neither does it guarantee that any blocked assets will in fact be available when a particular victim seeks to execute on a judgment 13 III Charitable Assets Are Not Terrorist Assets Subject to a Blocked Assets Analysis Notwithstanding the holding in Smith there is a strong argument that charitable assets are not terrorist assets subject to the blocked assets analysis Rather charitable assets are held in trust prior to their dispensation for the intended charitable purpose If the donated funds were to be used for nefarious purposes then the trustees in charge have breached their fiduciary duty and corrective action is necessary to protect the charitable assets for charitable purposes When a U S organization is designated as a supporter of terrorism it automatically loses its tax exempt status under Section 501 c 3 of the Internal Revenue Code The organization is then likely to lose its charter under state law forcing dissolution Then IRS regulations require that all assets be turned used for charitable purposes consistent with the requirements of Section 501 c 3 14 There is nothing in TRIA to indicate it was intended to supersede these well established principles of tax law As a result TRIA does not apply to charitable assets but only terrorist assets Nor does TRIA statutorily require that frozen funds of charities be held indefinitely by the U S government in anticipation of a prospective judgment at an unknown time and from an unknown party Absent clear legal authority to hold the funds indefinitely Treasury has an obligation to consider the interests of well intentioned donors who collectively donated tens of millions of dollars to help needy beneficiaries the needs of beneficiaries and the relevant provisions of tax law Freezing charitable assets indefinitely is not only bad public policy but unjustified law IV The Absence of a Statute of Limitations Evinces TRIA s Inapplicability to Frozen Charitable Funds TRIA does not contain a statute of limitation provision limiting the time in which a party may file a claim against frozen assets 15 In contrast the Foreign Sovereign Immunities Act which carves out an exception to foreign sovereign immunity whereby state assets are subject to satisfaction of judgments by victims of state sponsored terrorism imposes a ten year statute of limitations 16 TRIA was not intended to provide a mechanism to indefinitely freeze charitable funds for prospective claimants To that end TRIA does not set forth a limitation of time under which a prospective claimant may seek to satisfy a judgment Conversely that foreign states accused of sponsoring terrorism may recover their assets after the passage of ten years while American donors charitable funds can languish in frozen accounts is telling Treasury s untenable reliance on TRIA to indefinitely hold charitable assets only proves the need for regulations to address treatment of the frozen charitable assets in a manner consistent with charitable mission and donor intent Specifically Treasury must provide a lawful mechanism under which frozen charitable assets can be redirected to charitable purposes after appeals related to designation are exhausted and a statute of limitations expires V Sparse Evidence of Congressional Intent to Preserve Assets for Victims of Terrorism The sparse evidence of Congressional intent to preserve assets of non state terrorist organizations to compensate victims of terrorism is clearly limited to satisfying civil judgments obtained by victims of terrorism This leaves open the question of how long Treasury is permitted to control the frozen funds in the absence of judgments Contrary to Poncy s statements TRIA s legislative history fails to provide an answer Representative Mel Watt from North Carolina proposed the relevant amendment to TRIA In the House debates on November 29 2001 Representative Chris Cannon states the following intent behind supporting Mr Watts amendment I rise today in support of the rule and the underlying legislation The rule provides for the continued availability of insurance against terrorism risks and addresses multiple insurance and liability issues arising out of the September 11 attacks This is a good rule that incorporates changes made by the Committee on Financial Services and the Committee on Ways and Means and the Committee on the Judiciary to the original bill I would like to speak about some of those important provisions that fell within the Committee on the Judiciary jurisdiction First by working with the gentleman from Ohio Chairman Oxley and the gentleman from Wisconsin Chairman Sensenbrenner we were able to expand language in the original bill dealing with the use of frozen terrorist assets to compensate victims of terrorism This change to language offered by the gentleman from North Carolina Mr Watt brings the bill into line with an amendment I offered earlier in earlier legislation that was accepted by the Committee on the Judiciary this fall It was also language that was approved by the House on suspension in the 106th Congress The provision in the bill today will allow equal access to the frozen assets of terrorists terrorist organizations and terrorist sponsor states for American victims of international terrorism who obtain judgments against those terrorist parties In addition the Committee on the Judiciary added important litigation management provisions to deal with the legal aftermath of a major terrorist attack This is a commonsense recognition that major terrorist attacks are not garden variety tort cases and that there is a compelling national interest in setting rules and limits for how lawsuits arising from such attacks proceed Exposing American citizens and insurers to unlimited liability in multiple judicial forums for the terrible acts of madmen is a recipe for a financial crisis This Congress overwhelmingly recognized the same principle when we limited airline liability for the September 11 attacks and set them back on a sound

    Original URL path: http://www.charityandsecurity.org/analysis/leg_history_frozen_funds (2016-02-16)
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  • Resources | Charity & Security Network
    no justification for this ongoing blockade of humanitarian aid Read more about Background Material Support and the Need for NGO Access to Civilians in Need Nonprofit and Legal Experts Respond to Supreme Court Ruling in Humanitarian Law Project Case 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 defined to include conflict mediation human rights training and peace building efforts aimed at turning terrorist groups away from violence That same day the Charity and Security Network CSN and the Constitution Project CP held a press conference to comment on the ruling Read more about Nonprofit and Legal Experts Respond to Supreme Court Ruling in Humanitarian Law Project Case CSN Comments on Treasury s FAQ for Protecting Charitable Giving Date June 16 2010 Treasury s FAQ titled Protecting Charitable Giving fails to acknowledge the importance of protecting charitable operations and beneficiaries The entire chain of events from donation to delivery of services to people in need must be protected from expropriation by terrorists and from unduly restrictive U S government enforcement policies Treasury must broaden its vision Read more about CSN Comments on Treasury s FAQ for Protecting Charitable Giving Legal Roadblocks for U S Famine Relief to Somalia Creating Humanitarian Crisis Date January 27 2010 The unfolding crisis in Somalia illustrates a common dilemma U S nonprofits face when trying to conduct humanitarian operations in territory controlled by entities listed as a Specially Designated Global Terrorists SDGT The humanitarian imperative to provide urgently needed food to nearly two million people in an area controlled by al Shabaab a listed SDGT conflicts with the strict liability standard against supporting terrorists that even has State Department employees fearing sanctions by the Treasury Department Now the U S Read more about Legal Roadblocks for U S Famine Relief to Somalia Creating Humanitarian Crisis Chart How Many Children Could be Helped if Frozen Charitable Funds Were Released Date November 9 2009 The Office of Foreign Assets Control report for 2009 indicates up to 19 8 million in assets have been frozen for individuals and entities on its watchlist There is no public information on how much of that comes from charities but news reports indicate at least 7 million in U S charitable assets are frozen Read more about Chart How Many Children Could be Helped if Frozen Charitable Funds Were Released The Disconnect U S Doesn t Follow the State Department s Guiding Principles on Non Governmental Organizations Date September 22 2009 In December 2006 the State Department launched an initiative to support the work of human rights defenders throughout the globe Part of the initiative was the Guiding Principles on Non Governmental Organizations Principles intended to guide the U S government s treatment of nonprofits and to assess the actions of other governments However there are glaring discrepancies between these Principles and the counterterrorism laws and policies applied to U S nonprofits by the

    Original URL path: http://www.charityandsecurity.org/resources?type=analysis&tid=All&page=1 (2016-02-16)
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  • Resources | Charity & Security Network
    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 Judges Application of Executive State Secret Privilege Limited Date May 11 2009 On April 28 2009 the U S Court of Appeals for the Ninth Circuit rejected the Obama administration s claim that a lawsuit involving extraordinary rendition must be dismissed for national security reasons The three judge panel s unanimous decision said the federal government could not assert the State Secret privilege to throw out an entire civil case prior to the discovery phase Read more about Judges Application of Executive State Secret Privilege Limited Pages first previous 1 2 3 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

    Original URL path: http://www.charityandsecurity.org/resources?type=analysis&tid=All&page=2 (2016-02-16)
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  • Impact on Women: Counterterrorism Laws and Policies Restricting Peacebuilding and Humanitarian Work | Charity & Security Network
    peacebuilders Women in conflict zones are standing up and taking charge of improving their lives and their communities At the same time official U S government policy takes the position that women should not be seen as just passive recipients of its programs However U S aid groups working with or on behalf of women have been hindered both in terms of access and a decrease in donations The U S prohibition on material support of terrorism and sanctions laws block legitimate humanitarian and peacebuilding projects and prevent money from flowing to these groups Changes in U S law are needed so that we can support women working to improve conditions in extremist held areas and offer alternatives to armed violence Legislative reform could allow civil society to address the root causes of the issues surrounding women in conflict and create positive lasting change by allowing nonprofit organizations particularly those that focus on either women s rights peacebuilding or both to enter these global hot spots to assist the women working for positive change and to provide their lifesaving work Read the issue brief here Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent

    Original URL path: http://www.charityandsecurity.org/Women_Impact_Counterterrorism_Restricting (2016-02-16)
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  • Mapping Listed Terrorist Groups and Humanitarian Crises | Charity & Security Network
    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 Click on one of the highlighted countries below for in depth background information about that country s conflict listed terrorist groups and the barriers for humanitarian groups trying to delivery critically urgent aid to civilians 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/background/The_Nexus_Conflict_Humanitarian_Aid_and_Terrorism (2016-02-16)
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  • Problems with Humanitarian Access Persist in Syria | Charity & Security Network
    in Syria has taken a demanding toll on civilians Syrians living in opposition controlled areas continue to bear the brunt of the violence and are receiving a fraction of the assistance they require due to security constraints and lack of access According to UN figures about 40 of the food its providing to nearly 2 5 million Syrians goes to opposition or contested areas and the remainder to parts of Syria still under government control Only a handful of international aid groups many of which are working covertly and at great risk reach these areas Among them Médecins Sans Frontières MSF operates three hospitals in northern Syria and has repeatedly called for a deal between the warring parties to let impartial aid get to those who need it We call on the parties involved for want of a political resolution to reach at least a basic agreement on humanitarian aid MSF said in a March 2013 press release Responding to this crisis is now our number one priority said Oxfam s chief executive Mark Goldring in May 2013 But providing an appropriate humanitarian response is extremely difficult Restrictions on access mean far too many vulnerable people are not getting the help they desperately need he added Valerie Amos UN Emergency Relief Coordinator and Under Secretary General for Humanitarian Affairs blames ongoing violence international donor funding shortfalls and a failure to provide safe access for aid delivery for preventing aid from reaching Syrian civilians devastated by the conflict The needs are rising at an alarming pace and we are not able to keep up The combination of insecurity administrative hurdles and insufficient capacity is taking its toll she said The UN has criticized the Assad s government for refusing to allow UN agencies to enter opposition controlled areas from neighboring countries requiring them instead to make perilous trips across conflict lines You cannot negotiate the 54 checkpoints between Damascus and Aleppo everyday with the quantity of aid that Aleppo needs But you can drive it in 1 hour from Turkey efficiently and effectively We need those cross border routes OCHA Operations Director John Ging said in April 2013 U S Response Despite concerns that some aid could fall into the hands of Jabhat al Nusra the U S and other countries have promised hundreds of millions of dollar in assistance to the people of Syria In May 2013 the Obama administration announced it will provide an additional 100 million for humanitarian aid for displaced Syrians bringing the total commitment of U S humanitarian aid since the civil war began to over 500 million Much of this aid is not marked as originating from America because as Nancy Lindborg USAID Assistant Administrator for the Bureau for Democracy Conflict and Humanitarian Assistance explained at two March 2013 congressional hearings on the crisis to protect our humanitarian partners to ensure the aid can continue and reach those in need we are not branding much of our assistance The U S has also promised nearly

    Original URL path: http://www.charityandsecurity.org/background/Humanitarian%20Access%20Problems%20in%20Syria (2016-02-16)
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