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  • Global NPO Response to FATF’s Call for Comments on Best Practices Paper Revisions
    were the result of a collaborative process between the Charity Security Network the European Centre for Not for Profit Law the European Foundation Centre the Human Security Collective and the International Center for Not for Profit Law Similar to written comments sent in December 2014 4 the recent joint comments emphasize that the BPP s primary purpose should be to provide guidance for governments and support outcomes that do not over regulate NPOs They ask that the BPP be cognizant that the overall risk of terrorist abuse of the NPO sector is very low both in numbers and geography This will improve the credibility of the paper as well as its validity among stakeholders the comments state adding that although safety will always be a concern when working in high risk environments NPOs must be able to take appropriate risks without fear of drastic enforcement measures Regarding the risk assessment the comments request that throughout the paper the BPP include more explicit statements that any further regulatory measures should be adopted only after a risk assessment is conducted existing measures are applied and assessed regarding their ability to manage and mitigate the risk identified and gaps are identified They add that if risk is low imposing further restrictions or regulatory burdens is not justified In addition the BPP should be more explicit that when mitigating risk actions and measures should relate only to identified risk and be evaluated against the principles of proportionality protection of legitimate NPO activities and international human rights and humanitarian law and be applied only to those NPOs at risk the comments state Finally the comments request that the BPP emphasize and ask for outreach discussions at every step of the process risk assessment mitigation mutual evaluation financial services and recommend specific good outreach practices NPOs

    Original URL path: http://www.charityandsecurity.org/print/1293 (2016-02-16)
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    case sensitive Switch to audio 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

    Original URL path: http://www.charityandsecurity.org/printmail/1293 (2016-02-16)
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  • FATF Agrees to Formal Consultation Process
    up on the commitment made at a March consultation between NPOs and the FATF in Brussels The current process is ad hoc and limited in its reach to the global NPO sector the working group stated Subsequently key grantmaking organizations sent a 4 follow up letter 5 encouraging the FATF to formalzie their consultation methods with NPOs Given the vital contribution NPOs make to human security through humanitarian development human rights conflict transformation and good governance work a formal consultative process with clearly defined rules of engagement would benefit all concerned This is a critical issue for us because we believe that the interests of NPOs including foundations should be on an equal footing to the formal arrangements FATF has in place with the private sector key networks stated According to both letters these NPOs were willing to suggest detailed plans regarding the process for consultation and engagement They encouraged the FATF to develop a structure either as part of the private sector consultative forum or as a separate NPO consultative forum A formal consultative process with clearly defined rules of engagement that reflect openness transparency and free exchange of ideas on various aspects of FATF work would benefit all

    Original URL path: http://www.charityandsecurity.org/print/1307 (2016-02-16)
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  • Improvements Needed in Upcoming FATF Evaluation of U.S.
    compliance in late 2015 and early 2016 FATF is expected to review the evaluators report and make any recommendations in October 2016 On July 6 2015 the Charity Security Network and the Council on Foundations submitted a detailed memo 2 to the FATF Secretariat that provides the evaluation team with background information on U S counterterrorism laws the impacts on nonprofit organizations NPOs and how this compares to FATF standards It found that U S law fails to meet the FATF criteria of a risk based approach proportionality protection of legitimate NPOs and consistency with human rights and humanitarian law In a cover letter 3 the groups asked that the FATF evaluation team meet with representatives of the NPO sector as part of the evaluation process The outcome of the report and the recommendations could provide an important opportunity for the U S to make its laws more civil society friendly Key findings include A Risk Based Approach to NPOs is Lacking Definition of Prohibited Material Support is Overly Broad Chilling Impact The Law Disrupts Rather Than Protects Legitimate NPOs Laws and Regulations Restricting NPOs Lack Proportionality Inconsistent with International Humanitarian Law IHL and International Human Rights Law IHRL NPO

    Original URL path: http://www.charityandsecurity.org/print/1316 (2016-02-16)
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  • FATF Best Practices Paper Revision is a Victory for NPO Sector
    all approach would be inconsistent with a proper implementation of a risk based approach it notes Existing regulations or measures may sufficiently address the terrorist finance TF risk to NPOs according to the paper which warns against overregulating the sector Detailed registration procedures for NPOs additional reporting requirements requirement of appointing a designated staff responsible for counter terrorism compliance and an external audit of the organization may not be appropriate for CFT purposes for those NPOs facing little to no TF risk the paper states Financial Access The revised BPP also addresses the difficulty NPOs have accessing financial services The BPP states that implementation of its recommendations should not adversely and disproportionately affect NPOs which rely on banking facilities and other financial services to carry out important humanitarian and charitable services The wholesale termination of individual customers or entire classes of customer without taking into account their level of risk or risk mitigation measures is not a proper implementation of a risk based approach and is not consistent with the FATF Standards the paper explains NPO Input Seventy NPOs from 28 countries submitted joint comments April 24 2015 5 on the draft BPP The comments stressed that the final Paper should guide governments on how to take a risk based and proportional approach to protecting NPOs from terrorist abuse Similar to written comments sent in December 2014 6 the April 2015 joint comments emphasized that the BPP s primary purpose should be to provide guidance for governments and support outcomes that do not over regulate NPOs They asked that the BPP be cognizant that the overall risk of terrorist abuse of the NPO sector is very low both in numbers and geography This will improve the credibility of the paper as well as its validity among stakeholders the comments stated

    Original URL path: http://www.charityandsecurity.org/print/1315 (2016-02-16)
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  • Transnational Civil Society Working Gropup on FATF | Charity & Security Network
    Financial Action Task Force FATF With representatives of NGOs from Africa Australia Europe and the United States the Working Group is a global effort to add the voices of civil society to this important discussion For more information about the Transnational Working Group or to find out how your organization can join contact the Charity Security Network FATF Background Information FACT SHEET What Nonprofits Need to Know about the FATF IN DEPTH An In Depth Look at FATF From the NGO Perspective has links to FATF Recommendations including Recommendation 8 about nonprofits the Interpretative Notes and other key FATF resources Studies Reports Statewatch Transnational Institute Repressive Regimes Use Anti Terrorist Financing Measures to Suppress Civil Society 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/node/1005 (2016-02-16)
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  • The Financial Action Task Force and Human Rights
    challenge for FATF going forward is to implement these principles The April 2013 UN Report of the Special Rapporteur on the rights to freedom of peaceful assembly and association 4 Maina Kiai highlights concerns about laws and regulations that quash freedom of assembly and association around the world The report focuses on access to financial resources for civil society groups and the right to hold peaceful assemblies The report highlights the FATF s Recommendation 8 on nonprofits saying it fails to provide for specific measures to protect the civil society sector from undue restrictions to their right to freedom of association Kiai states civil society organizations play a significant role in combatting terrorism By their direct connections with the population and their prodigious work in inter alia poverty reduction peacebuilding humanitarian assistance human rights and social justice including in politically complex environments civil society plays a crucial role against the threat of terrorism A March 2013 report by the Observatory for the Protection of Human Rights Defenders 5 says the increasingly widespread restrictions on the funding of non governmental organizations NGOs under the guise of counterterrorism efforts undermine the ability of civil society to promote and protect human rights The report says This worrying trend was notably confirmed by the Financial Action Task Force FATF recommendations on government anti terrorist financing regulation of nonprofits It cites potential vulnerability of diversion of charitable funds to terrorism but has no formal mechanism to caution states that regulation of NGOs must stay within the parameters of human rights law The report says The potential prejudicial character of this recommendation on the work of NGOs is aggravated by the fact that it is not accompanied by explicit guaranties of the right of NGOs to access funding Examples of Laws That Harm Civil Society Freedom of Association and Expression Citing the need to comply with FATF recommendations Azerbaijan Bangladesh Bahrain Egypt and Russia are among countries with limits on foreign donations and government control exerted over NPO operations using foreign funds These laws are inconsistent with the right of association international human rights law does not limit the right to associate only with one s fellow citizens but with all people The British Virgin Islands BVI r equire the annual registration of all nonprofit organizations Kiai notes that unregistered associations have protection under international human rights standards and are eligible to access funding He notes that the International Covenant on Civil and Political Rights makes no distinction between registered and unregistered associations Russia allows unprecedented control over independent NPOs It created an overly complicated registration procedure for NPOs and permits government officials to deny registration arbitrarily subjects NPOs to inspections and audits at any time and without limitation and liquidates NPOs unable to obtain registration In Paraguay Sri Lanka and Turkey f reedom of expression is endangered by a vague definition of terrorism and a narrow technical approach to anti terrorist financing laws The result could be that asset freezing and other sanctions could be

    Original URL path: http://www.charityandsecurity.org/print/1126 (2016-02-16)
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  • Send by email | Charity & Security Network
    to audio 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

    Original URL path: http://www.charityandsecurity.org/printmail/1126 (2016-02-16)
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