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  • UN HLR Highlights Impact of Sanctions on Humanitarian Work | Charity & Security Network
    rights of individuals and entities subject to sanctions On exemptions to financial travel sanctions here HLR recommends to the Security Council and member states that there be a standing exemption for humanitarian actors Within the section on monitoring implementation and compliance the report notes UN sanctions comprehensive or targeted have always included exemptions for humanitarian purposes This is significant in that it both refers to specific allowances given to listed individuals i e organizations travelling for medical care Recommendations 26 27 and also hints at the need for standing exemptions Recommendation 25 Here the HLR refers to Security Council Resolution 2182 and recommends using the humanitarian exemptions in the Somalia sanctions regime as a model Differences from and critiques of the FATF the HLR goes beyond the FATF Best Practices Paper BPP by suggesting that the Secretary General provide a report on key sanctions trends implementation issues linkages between Security Council sanctions regimes and the other Council mandated activities including the intended and unintended impact of sanctions measures on human rights due process and on humanitarian work While the FATF s BPP refers to risk analysis when dealing with nonprofits the HLR asserts that FATF recommendations created the threat of over compliance with financial sanctions and notes its negative impact on humanitarian work On understanding the impact of sanctions on important humanitarian activities The report acknowledges that experts may lack understanding of the fundamental principles defining government humanitarian action and may not always make a clear distinction between humanitarian actors and other actors such as peacekeeping operations special political missions or human rights actors Importantly it recognizes the chilling effect that international and domestic sanctions have on humanitarian actors carrying out their work According to Naz Modirzadeh Director of Harvard Law School s Program on International Law and Armed Conflict

    Original URL path: http://www.charityandsecurity.org/UN_HLR_Sanctions (2016-02-16)
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  • Global Coalition Submits Comments to FATF on R8's Interpretive Note | Charity & Security Network
    revisions the coalition in early October submitted proposed changes to Recommendation 8 R8 and the IN Unchanged since 2002 R8 IN set out the criteria FATF uses to evaluate compliance with its standards in 180 countries around the world FATF published updated guidance in June 2015 for government implementation of R8 that promotes risk based proportionate approaches that protect legitimate NPOs The NPO sector praised this new guidance and now supports a FATF initiative to update R8 and the IN to align them with the risk based approach The recommended changes reflect a need to protect NPOs from abuse by terrorist organizations as well as overregulation by government that infringes on basic rights FATF is expected to take action on revisions to the IN some time in 2016 It has not announced plans to revise R8 Recommendation 8 was originally adopted by FATF as a special recommendation in 2002 in the wake of the 9 11 attacks in the U S It was incorporated into FATF s 40 standards without change in 2012 It claims that Non profit organisations are particularly vulnerable to terrorist abuse NPOs have said that this language is particularly offensive to the NPO sector and misguiding for countries NPOs suggest revising R8 to replace that phrase with Non profit organizations may in specific situations be vulnerable The Global Coalition s recent submission notes that the evidence indicates that NPOs are no more vulnerable to abuse than financial institutions or other sectors The language currently used sends out the message that the NPO sector is inherently high risk leading to consequences such as bank derisking of NPO accounts and sector over regulation The comments also emphasize the importance of bringing both the IN and R8 in line with the risk based approach Issues Humanitarian Access Material Support

    Original URL path: http://www.charityandsecurity.org/news/NPOs_Recommend_Revision_FATF_R8 (2016-02-16)
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  • The Latest News | Charity & Security Network
    the UN Human Rights Council 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 Over 100 Nonprofits Ask FATF to Revise Recommendation 8 Date January 18 2016 Author External Link On January 15 2016 123 signatories from 46 countries sent a letter calling on the Financial Action Task Force to open a process to revise Recommendation 8 as it inaccurately states that Non profit organisations are particularly vulnerable to abuse by terrorists UN HLR Highlights Impact of Sanctions on Humanitarian Work Date December 14 2015 A new High Level Review Compendium Report shows a changing attitude towards the effect of UN sanctions on counter terrorism and humanitarian action The report indicates a need to redefine and reinforce UN sanctions as well as a greater concern for the protection of humanitarian work Global Coalition Submits Comments to FATF on R8 s Interpretive Note Date December 7 2015 Calling the Financial Action Task Force s FATF standard for government rules to prevent nonprofit organizations NPOs from abuse by terrorist organizations outdated the Global NPO Coalition on FATF submitted proposed revisions to the Interpretive Note IN to Recommendation 8 in late November Pages 1 2 3 4 5 6 7 8 9 next last more 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/latest_news2 (2016-02-16)
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  • Charity & Security Network Publications
    law as we engage in debates around counterterrorism Naz Modirzadeh Senior Fellow at Harvard Law School Brookings Project on Law and Security 3 Deadly Combination Disaster Conflict and the U S Material Support Law 3 The politicization of disaster response in conflict zones obstructs timely and effective aid delivery and also jeopardizes the safety of aid workers Deadly Combination Disaster Conflict and the U S Material Support Law considers two cases The 2011 famine in Somalia and the summer 2010 floods in Pakistan In both cases by giving priority to military objective the U S impaired effective aid delivery by humanitarian organizations exacerbating the hardship caused by disasters April 2012 4 U S Muslim Charities and The War on Terror A Decade in Review 4 U S Muslim Charities and the War on Terror A Decade in Review examines the challenges American Muslim charities have faced since 9 11 and how they have successfully responded The report serves as an update to a March 2006 report summarizing action by the U S government to shut down American Muslim charities since 2006 and gives updates on the status of litigation and other efforts by charities December 2011 5 Book Examines the Restrictive and Punitive Impact from Counterterrorism Measures on Nonprofits Since 9 11 5 This book is the first comprehensive examination of the restrictive and punitive impact from counterterrorism legislation on nonprofits since 9 11 Civil Society Under Strain Counter Terrorism Policy Civil Society and Aid Post 9 11 Kumarian Press describes the threats organizations conducting humanitarian operations around the world are subjected to by unjust or overbroad anti terror laws Each chapter is authored by nonprofit experts or scholars presenting the common shared and unique challenges for nonprofits in countries such as the United States Sri Lanka Australia and former

    Original URL path: http://www.charityandsecurity.org/print/781 (2016-02-16)
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  • Send by email | Charity & Security Network
    verification Home page 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

    Original URL path: http://www.charityandsecurity.org/printmail/781 (2016-02-16)
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  • Safeguarding Humanitarianism in Armed Conflict: A Call for Reconciling International Legal Obligations and Counterterrorism Measures in the United States | Charity & Security Network
    laws impacting charities the report explains the legal framework of international humanitarian law IHL focusing on provisions that address civilian relief operations during situations of armed conflict It then analyses how current U S counterterrorism laws and enforcement policies particularly the broad prohibition on material support to terrorism do not adequately incorporate these provisions and are inconsistent with humanitarian principles and obligations CSN urges the U S to work with the nonprofit sector to better incorporate international humanitarian law principles and concepts into U S law and enforcement policy It concludes that The material support statute and economic sanctions programs effectively block access to civilians in need of humanitarian relief by barring logistical negotiations with listed groups when necessary to access civilians and treating incidental minimal leakage of aid in the same manner as deliberate distribution of aid to terrorist groups U S law imposes a permanent ban on any form of engagement with a listed group with a very narrow exemption for medicine and religious materials when international humanitarian law allows only temporary restrictions on access to civilians The Treasury Department licensing process is an ineffective means of allowing access to civilians U S law and policy do not respect the status of neutral and impartial humanitarian relief organizations What the experts are saying about Safeguarding Humanitarianism Safeguarding Humanitarianism in Armed Conflict is a comprehensive study of the corrosive effect of counterterrorism measures on humanitarian action It drives home the point that over reaction is the very thing that makes terrorism succeed Gabor Rona Human Rights First This report presents a thorough and balanced analysis of the protections provided for lifesaving humanitarian assistance in international humanitarian law It reminds us that the struggle to balance security and humanity through law is not a new one and urges us to

    Original URL path: http://www.charityandsecurity.org/studies/Safeguarding__Humanitarianism_in_Armed_Conflict (2016-02-16)
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  • Deadly Combination: Disaster, Conflict and the U.S. Material Support Law | Charity & Security Network
    Material Support Law by the Charity Security Network considers two cases The 2011 famine in Somalia and the summer 2010 floods in Pakistan In both cases by giving priority to military objective the U S impaired effective aid delivery by humanitarian organizations exacerbating the hardship caused by the disasters The politicization of disaster response in conflict zones obstructs timely and effective aid delivery and also jeopardizes the safety of aid workers The current U S government response to disasters occurring alongside terrorist organizations is at best a wink and nod gesture that allows for limited access for humanitarian groups and no legal protections and at worst a blanket ban on any humanitarian operation Open publication Free publishing More aid Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8

    Original URL path: http://www.charityandsecurity.org/studies/Deadly_Combination (2016-02-16)
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  • U.S. Muslim Charities and The War on Terror: A Decade in Review | Charity & Security Network
    examines the challenges American Muslim charities have faced since 9 11 and how they have successfully responded The report is an update to the OMB Watch March 2006 report Muslim Charities and the War on Terror Top Ten Concerns and Status Update The update summarizes action by the U S government to shut down American Muslim charities since 2006 and gives updates on the status of litigation and other efforts by charities It also details the unwarranted government investigation and surveillance of Muslim communities and charities The report concludes by examining how the American Muslim charitable sector has addressed government scrutiny by implementing rigorous due diligence procedures and educating politicians and the public to combat Islamophobia Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8 2016 New Budget

    Original URL path: http://www.charityandsecurity.org/studies/US_Muslim_Charities_and_the_War_on_Terror_2011 (2016-02-16)
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