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  • Somalia: The 2011 Famine and its Response | Charity & Security Network
    of life saving assistance Despite the advanced warnings 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 Almost half of those who died in southern and central parts of the country were children under the age of five While many factors combined to cause the famine the report listed the inadequate international response as a contributing to the high death rate There is consensus that the humanitarian response to the famine was mostly late and insufficient the study concluded Historically the U S was the largest donor of humanitarian aid to Somalia But that ended after the U S designated al Shabaab as a terrorist group in 2008 Under U S law anyone that provides support to a designated terrorist group could be subject to criminal penalties Fears of prosecution for even inadvertent diversion of resources to the militant group prompted the U S to scale back its aid by nearly 88 percent from 237 million in 2008 to only 20 in 2011 and forced many international aid organizations to curtail humanitarian operations in areas where al Shabaab was present In response to the growing crisis prominent aid groups called on the U S government to issue a license that would allow them to engage with al Shabaab when necessary to reach the nearly two million civilians trapped on the group s territory In August 2011 the State Department announced that it would ease restrictions on some aid delivery but the announcement gave no guarantees that a group would not be prosecuted for providing material support to al Shabaab and the announcement only applied to U S funded organizations InterAction

    Original URL path: http://www.charityandsecurity.org/background/Somalia%202011%20Famine%20and%20its%20Response (2016-02-16)
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  • Resources | Charity & Security Network
    and more specialized training for senior staff positions Read more about DOJ Inspector General Report on FBI s Anti Terrorist Financing Efforts DOJ Inspector General Report on FBI s Anti Terrorist Financing Efforts Date April 7 2013 In March 2013 the Department of Justice Inspector General IG released an audit of the Federal Bureau of Investigations FBI and the DOJ s National Security Division collaborative efforts to counter terrorist financing CFT Along with making an unsupported claim that terrorists commonly use donations to charities as a revenue source the audit touches on areas of the FBI and DOJ s CFT efforts that are less commonly reported on including the terrorist designation process and interagency Terrorist Financing Read more about DOJ Inspector General Report on FBI s Anti Terrorist Financing Efforts Holy Land Foundation Case Summary Controversial Material Support of Terrorism Trial Results in Long Sentences for former Charity Officials Date October 9 2012 Holy Land Foundation for Relief and Development HLF was the largest Islamic charity in the U S until the Bush administration shut it down three months after 9 11 HLF had been legally operating for over a decade before its designation and closure in December 2001 Its former officials were convicted of providing material support for terrorism on retrial in November 2008 and received sentences ranging from 15 to 65 years Read more about Holy Land Foundation Case Summary Controversial Material Support of Terrorism Trial Results in Long Sentences for former Charity Officials Al Haramain v Bush Summary Trying to Hold the Executive Branch Responsible for Illegal Wiretapping Date October 1 2012 Al Haramain Islamic Foundation AHIF v Bush was filed in 2006 after attorneys for the charity found records of the warrantless wiretap in documents the government provided in other litigation involving the charity The case is the only legal challenge to Bush era illegal surveillance programs that had survived in court because AHIF and its lawyers were able to show they had been subjected to unwarranted surveillance by using public records and statements Read more about Al Haramain v Bush Summary Trying to Hold the Executive Branch Responsible for Illegal Wiretapping Africa Crises Fact Sheet Date July 24 2012 A combination of conflict food shortages and drought in regions of Northern Africa has resulted in a severe humanitarian crisis In the Sahel armed conflicts in Mali and Chad have displaced thousands and placed additional strain on overfull refugee camps After a famine occurred last year in Horn of Africa re stabilization has been tenuous as conflict and protracted food insecurity threatens to undo the progress made by aid groups Read more about Africa Crises Fact Sheet Treasury s 2011 Terrorist Assets Report Date March 20 2012 On March 14 2012 the Treasury Department released the Terrorist Assets Report for 2011 Required by law since 1991 the report offers a year end snapshot of dollar amounts of terrorist assets held in U S jurisdiction The total amount of blocked funds in 2011 relating to designated terrorist

    Original URL path: http://www.charityandsecurity.org/resources?type=background&tid=All&page=1 (2016-02-16)
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  • Resources | Charity & Security Network
    senior officials from the organization as supporters of terrorism Treasury said IARA USA was an affiliate of the Islamic African Relief Agency a Sudanese charity suspected of supporting al Qaeda IARA USA s attorney Shereef Akeel argued that the U S charity was a separate and independent organization from IARA Sudan and was trying to combat terrorism IARA USA had its own board of directors administrative structure executive decision making process and legal and financial accountability obligations Read more about U S Charity Shut Down by Treasury Islamic American Relief Agency IARA USA U S Charity Shut Down by Treasury Global Relief Foundation GRF Date January 26 2012 On Dec 14 2001 the FBI seized and froze the assets of the Global Relief Foundation GRF a charity based in Illinois The government alleged that GRF and its leaders had provided assistance to Usama bin Laden and Al Qaeda GRF denied the charges and sought an injunction on the freezing of their assets When the U S District Court denied their request and upheld Treasury s actions GRF appealed to the Seventh Circuit Court of Appeals Read more about U S Charity Shut Down by Treasury Global Relief Foundation GRF Department of State Responds to Comments on Partner Vetting System Date January 23 2012 On Jan 18 2012 State responded to the comments submitted in December by NGOs critical of the proposed Partner Vetting System PVS The PVS would require State Department State and United States Agency for International Development USAID grant applicants to submit detailed personal information on foreign partners for screening against secret government databases Complete comments news and background on the PVS is available here Read more about Department of State Responds to Comments on Partner Vetting System News Index for Somali Famine October 2011 to January 2012 Date January 17 2012 This index provides summaries of news articles from October 2011 to January 2012 on the responses of humnitarian organizations governments and others to the widespread famine in Somalia In July 2011 famine was declared in several regions of Somalia Click on the headings below to see the full articles Read more about News Index for Somali Famine October 2011 to January 2012 NGOs Explain How USAID s Partner Vetting System Hurts Humanitarian Action Is Contrary to U S Interests Date January 14 2012 Below are excerpts from comments written by a diverse range of nonprofits and experts in response to two Federal Register announcements inviting comment on the burdens USAID s Partner Vetting System PVS would impose on its grant applicants one from the Department of State Oct 2011 and USAID Dec 2011 PVS would require NGOs receiving USAID funds to collect personal information on local partners for submission to the U S government If implemented the proposed PVS pilot would create hazards for aid workers and undermine program effectiveness It will prevent some potential grantees from applying for funds and will hamper the efforts of others to deliver services and programs that serve the best

    Original URL path: http://www.charityandsecurity.org/resources?type=background&tid=All&page=2 (2016-02-16)
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  • Resources | Charity & Security Network
    has scanned though thousands of the cables for any discussion about issues affecting U S charitable activities Read more about Wikileaks Exposes Trove of Insight on U S Government Counterterrorism Rules and Charities Excerpts from Secretary Clinton s Remarks on a Smart Power Approach to Counterterrorism Date October 3 2011 Speaking at the John Jay School of Criminal Justice in New York on Sept 9 2011 Secretary of State Hillary Clinton reviewed the past decade of counterterrorism activity and articulated the Obama Administration s multi layered strategy for addressing violent extremism Text and video Below are excerpts emphasis added from her speech related to Read more about Excerpts from Secretary Clinton s Remarks on a Smart Power Approach to Counterterrorism U S Senators Call For Reforming Laws that Impede Humanitarian Assistance in Somalia Date September 12 2011 As of September 2011 the number of Somalis in need of humanitarian assistance has increased from 2 4 million to 4 million in the past eight months with 3 million of them in the country s south according to UN Food and Agriculture Organization U S law makes it difficult to delivery assistance to civilians living or trapped where a designated terorrist group operates Read more about U S Senators Call For Reforming Laws that Impede Humanitarian Assistance in Somalia Examples Impacts of the Material Support Prohibition on Peacebuilding Date June 13 2011 For many years U S organizations have paved the way for peace by helping to bring fighting factions together and providing alternatives to violence as a means of redressing grievances Unfortunately the 2010 Supreme Court decision in Holder v Humanitarian Law Project HLP upheld the law defining prohibited material support of terrorism to include conflict prevention and resolution activities aimed at getting terrorist groups to lay down their arms Without a correction opportunities to end violence will be lost Read more about Examples Impacts of the Material Support Prohibition on Peacebuilding Kay Guinane s Testimony on the Impact of Anti Terrorist Financing Laws on Lawful US Charities Date January 18 2011 On May 26 2010 Congress held the first oversight hearing examining the impact of anti terrorist financing enforcement policies on the U S Read more about Kay Guinane s Testimony on the Impact of Anti Terrorist Financing Laws on Lawful US Charities What Happens to a Charity After an FBI Raid Date November 30 2010 Case Study Life Relief and Development LIFE Read more about What Happens to a Charity After an FBI Raid Polling Data Americans View Humanitarian Aid As Tool to Counter Terror Date October 28 2010 In 2009 the Council on Foreign Relations International Institutions and Global Governance program produced a massive collection of polling data on U S and global public attitudes on international issues including terrorism human rights and international aid and development The data suggest Americans share many similar opinions with their global counterparts viewing the protection of human rights and international development aid favorably and seeing aid as a valuable tool in

    Original URL path: http://www.charityandsecurity.org/resources?type=background&tid=All&page=3 (2016-02-16)
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  • Resources | Charity & Security Network
    General Holder and others in the Obama administration scratching their heads for what to do next Chief Judge Vaughn Walker of the Northern Federal District of California ruled on March 31 2010 that the Bush administration illegally wire tapped phone conversations of an Islamic charity and two American lawyers without a warrant Read more about Al Haramain v Obama Decision Holds Wiretap of Charity Illegal Multimedia resources for the Supreme Court case Holder v Humanitarian Law Project Date March 9 2010 On Feb 23 2010 the Supreme Court heard oral arguments in Holder v Humanitarian Law Project HLP At issue is the constitutionality of a provision in the USA Patriot Act that makes it a crime to provide material support or resources to any group that the government has labeled as a terrorist organization Read more about Multimedia resources for the Supreme Court case Holder v Humanitarian Law Project March 1 2010 Event Civil society Security and Aid Post 9 11 Challenges Tensions and Dilemmas Date February 12 2010 On March 1 2010 the Charity and Security Network held a reception and discussion based on a new book Civil Society Under Strain Counter Terrorism Policy Civil Society and Aid Post 9 11 Kumarian Press Read more about March 1 2010 Event Civil society Security and Aid Post 9 11 Challenges Tensions and Dilemmas Summary of House Judiciary Committee Discussion of Humanitarian Exemption to Material Support Prohibition Date November 9 2009 At the Nov 5 2009 debate on Patriot Act reauthorizations the House Judiciary Committee discussed an amendment proposed by Rep Read more about Summary of House Judiciary Committee Discussion of Humanitarian Exemption to Material Support Prohibition Comments of Nonprofit Organizations on Proposed Partner Vetting in USAID Acquisitions Date August 25 2009 Comments of Nonprofit Organizations on Proposed Partner Vetting in USAID Acquisitions United States Agency for International Development RIN 0412 AA63 August 25 2009 Read more about Comments of Nonprofit Organizations on Proposed Partner Vetting in USAID Acquisitions Examples of Negative Impact of U S Counterterrorism Laws on Charities and Philanthropy Date July 1 2009 U S counterterrorism laws and policies have had negative impacts that make it more difficult for charities and grantmakers to operate and in some cases block donations for charitable programs from being used at all The examples below based on news reports and OMB Watch publications illustrate this collateral damage Changes in policy can support the work of charities which often addresses the root causes of terrorism without diminishing public safety Read more about Examples of Negative Impact of U S Counterterrorism Laws on Charities and Philanthropy July 1 2009 Panel Event Dilemma for US NGOs Counterterrorism Laws vs the Humanitarian Imperative Date July 1 2009 The legal constraints national security laws impose of U S charitable organizations cause tensions with international law and codes for humanitarian aid and development programs The standards and principles expressed in the Geneva Conventions and International Red Cross Code of Conduct could be emulated by the U S and

    Original URL path: http://www.charityandsecurity.org/resources?type=background&tid=All&page=4 (2016-02-16)
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  • Resources | Charity & Security Network
    that expands the government s authority to block the U S based financial assets of individuals or groups in Iraq beyond those it designates as supporters of terrorism to include those who act or assist those who act against peace and stability in Iraq The order titled Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq directs the U S Read more about 2007 Executive Order on Iraq Expands Problems for Charities Legal Authority and Process of Office of Foreign Assets Control to Release Frozen Charitable Funds Date November 6 2006 External Link From OMB Watch The power of the federal government to release blocked assets seized from entities designated as Foreign Terrorist Organizations for Specially Designated Nationals derives from the same statutory framework as the power to freeze and seize assets These statutes International Emergency Economic Powers Act IEEPA as amended by the Patriot Act and the Anti Terrorism and Effective Death Penalty Act of 1996 authorize the President to promulgate regulations governing implementation of these powers Read more about Legal Authority and Process of Office of Foreign Assets Control to Release Frozen Charitable Funds Side by Side Comparison of December 2005 and September 2006 Treasury Anti Terrorist Financing Guidelines for U S Charities Date October 6 2006 External Link From OMB Watch This chart published by OMB Watch in October 2006 is a section by section comparison of the Department of Treasury s proposed revisions to its Anti Terrorist Financing Guidelines Voluntarhy Best Practices for U S Charities and final version after Treasury received extensive public comments The chart includes commentary that points out problems with the September 2006 version The U S nonprofit sector has uniformly called for withdrawal of these guidelines Read more about Side by Side Comparison of December 2005 and September 2006

    Original URL path: http://www.charityandsecurity.org/resources?type=background&tid=All&page=5 (2016-02-16)
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  • Detailed Analysis of The PROCEDURES FOR SANCTIONS AGAINST CHARITIES ACT (HR 6532) | Charity & Security Network
    block and seize assets when there is danger the assets could be transferred outside of U S jurisdiction if a charity learns of an investigation which would render enforcement ineffective In the KindHearts case the court said the government cannot automatically assume this danger exists in all cases Instead the government must obtain a judicial warrant based on specific facts from a judge that finds probable cause to believe assets may be moved In a May 10 2010 ruling the KindHearts court said I leave to Congress the responsibility for considering and adopting the appropriate structure for pre blocking warrant and probable cause standards that would comply with the Fourth Amendment Solution and Rationale The bill proposes procedures based on the Civil Asset Forfeiture Reform Act to comply with Fourth Amendment protections against unreasonable search and seizure As a result charitable assets are not seized and frozen without a court finding there is probable cause to believe the assets would be transferred outside U S jurisdiction if notice of the investigation is provided to a charity It has an emergency exception that allows the government to freeze assets for up to 48 hours prior to making a probable cause showing in court When courts find probable cause the act allows for a variety of steps to be taken including appointment of conservators which may make it possible to preserve the availability of the property that is subject to the warrant This may mean that assets would not need to be frozen if they can be protected another way Proposed Sec 208 c Procedures Regarding Charities Problems Created by Current Law The courts have held that the lack of notice and opportunity to defend in Treasury s current enforcement process violate the due process requirements of the Fifth Amendment For example there is no independent review no requirement the charity even know why they are being investigated or designated no timelines for Treasury to respond to requests for reconsideration and inadequate opportunity to confront and present evidence Treasury effectively functions as prosecutor judge jury and executioner Combined with a lack of transparency this wide discretion opens the door to mistake and abuse The lack of fundamental fairness also undermines public confidence in the Treasury s enforcement efforts Current enforcement policies employ a one sanction fits all approach for charities maximizing collateral damage to innocent beneficiaries There is no requirement that the enforcement agency seek less drastic remedies than designation and asset blocking when violations may not be on a scale that requires shutting down an entire charity Treasury has been inconsistent about its willingness to work with charities to encourage compliance and resolve problems In addition long delays termed inexplicable by the court in the KindHearts case have contributed to the unnecessary hardship sanctions proceedings cause for non combatants that need aid Solution and Rationale The procedures in the bill address the constitutional deficiencies cited by courts in KindHearts and Al Haramain cases These include Notice A straightforward requirement to let

    Original URL path: http://www.charityandsecurity.org/legislation/Analysis_of_The_PROCEDURES_FOR_SANCTIONS_AGAINST_CHARITIES_ACT_%28HR%206532%29%20 (2016-02-16)
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  • Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities | Charity & Security Network
    invoked to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose emphasis added Section 1702 a authorizes the President to investigate regulate or prohibit a host of financial transactions with any foreign country or national thereof by means of regulations licenses instructions or other means Section 1702 b allows for investigation block during the pendency of an investigation regulate direct and compel nullify void prevent or prohibit any transactions relating to property held by the designated foreign country or national Note that these powers do not require freezing assets and would allow for alternative approaches that correct improper transactions or procedures in otherwise law abiding organizations IEEPA is the legal authority for Executive Order EO 13224 issued by President George W Bush on Sept 24 2001 EO 13224 declared a national emergency based on the 9 11 attacks and directed Treasury in consultation with the Attorney General and Secretary of State to designated SDGTs and take action to freeze all assets subject to U S jurisdiction Designation may be of a terrorist organization or if Treasury finds a group has Provided material support to an SDGT To be otherwise associated with an SDGT defined in subsequent regulations as owned or controlled by an SDGT or to act for or on behalf of it Section 10 of EO 13224 states that no prior notice of listing needs to be provided to U S organizations because of the targeted organization s ability to transfer funds or assets instantaneously which would render the blocking measures ineffectual p 5 In October 2001 the Patriot Act expanded IEEPA by allowing sanctions pending an investigation so that all the blocking effects of a designation

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