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  • Global Crackdown on Civil Society Continues | Charity & Security Network
    inspections of NGO offices funding restrictions and the imprisonment of activists Proposed laws in South Sudan and Kenya also received international outcry for the restrictions they would place on civil society groups The law before the parliament in South Sudan would narrow the scope of what civil society groups could focus activities on Edmund Yakani Chairperson of the South Sudan Human Rights Defenders Network said that Controversial provisions in the Bill requiring non interference with national policies will greatly impact the quality of services offered to South Sudanese communities by the non governmental sector Amendments to a proposed law in Kenya which were defeated on Dec 4 would have allowed the government to arbitrarily deny registration for NGOs and cap foreign funding of those groups at 15 percent of their total budget A group of UN Special Rapporteurs warned that these proposals would have profound consequences and could deter individuals from expressing dissenting views Frank La Rue special rapporteur on the promotion and protection of the right to freedom of opinion and expression said that associations should be free to determine their statuses structure and activities and make decision without State interference In the Middle East and North Africa crackdowns on civil society in Bahrain Egypt Algeria Lebanon and Yemen have also drawn concern According to Transparency International the Algerian government prevented anti corruption activists from attending an international gathering and in Lebanon journalists covering corruption were allegedly assaulted by government officials And in Egypt a new law places broad restrictions on the ability for citizen to engage in protests and includes hefty fines and jail times for those in violation United Nations High Commissioner for Human Rights Navi Pillay said that International law requires precision in detailing what specific conduct is prohibited by law and warned that the law

    Original URL path: http://www.charityandsecurity.org/news/Crackdown_Global_Civil_Society%20 (2016-02-16)
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  • Obama Hosts Panel on Supporting Civil Society
    civil society citizens coming together to insist that a better life is possible pushing their leaders to protect the rights and the dignities of all people However he also criticized a growing number of countries that are passing laws designed specifically to stifle civil society forcing groups to register with governments eroding human rights protections restricting NGOs from accessing foreign funding cracking down on communications technologies UN Special rapporteur for freedom of association and assembly Maina Kiai echoed the president s concerns Repressive legislation often shared between states is becoming a threat to civil society as UN Member States make laws criminalizing or restricting the work of civil society said Kiai He went on to detail laws that force NGOs to register or put restrictions on their ability to raise funds Going forward he urged the UN and U S to place increased emphasis on human rights and space for civil society Focusing on repressive legislation Doug Rutzen the President and CEO of the International Center for Not for Profit Law urged that we have to engage with the Financial Action Task Force FATF to make sure our counterterrorism measures don t undermine what we re trying to do today

    Original URL path: http://www.charityandsecurity.org/print/1111 (2016-02-16)
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  • Send by email | Charity & Security Network
    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 Than

    Original URL path: http://www.charityandsecurity.org/printmail/1111 (2016-02-16)
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  • FATF Releases Guidance for Complying with UN’s Targeted Sanctions Regime
    line with the United Nations Security Council resolutions relating to curtailing terrorist financing 3 FATF s Recommendation 6 calls on governments to freeze without delay the funds or other assets of entities designated by the UN Security Council under the al Qaida Taliban sanctions regime Security Council Resolutions 1267 1989 and Security Council Resolution 1373 According to the FATF the implementation of these procedures requires co ordination between a country s financial intelligence and law enforcement officials However to foster widespread support for an effective counter terrorist financing regime countries must respect human rights respect the rule of law allow due process recognize and protect the rights of bona fide third parties in these measures To minimize the burdens imposed by these rules the guidance suggests governments develop a communications plan explaining its assets freezing regime for their country s private sector C ountries need to be aware of the impact compliance with these laws has on their business activities and seek to minimize the costs of compliance as far as possible At the same time no such concerns are made for reducing the impact compliance with these measures have on humanitarian programs carried out by the non profit sector

    Original URL path: http://www.charityandsecurity.org/print/1065 (2016-02-16)
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  • FATF: Regulations Should “Not Harm” the Work of Civil Society
    2012 statement 2 The FATF an intergovernmental policy making body that sets the money laundering terrorist financing ML TF standards in nearly 180 countries concluded its October meeting by calling for continued dialogue with civil society on implementing its financial policy recommendations A February 2012 report from the Transnational Institute and Statewatch 3 finds many of the legal and regulatory measures recommended by the FATF invite excessive state regulation and surveillance which restricts the activities and thus the operational and political space of civil society organizations The FATF statement said The FATF Plenary discussed the progress in preparing for the implementation of the revised Recommendations and the 4th Round of Mutual Evaluations FATF will continue its dialogue with the private sector and civil society The dialogue will include the Recommendation which covers the activities of Non Profit Organizations It will be important that regulations and actions in this area do not harm the legitimate activities of such organizations emphasis added See also The FATF s Opportunity to Protect Nonprofits 4 An In Depth Look at FATF From the NGO Perspective 5 Source URL http www charityandsecurity org news FATF Regulation Should Not Harm the Work Civil Society Groups Links 1

    Original URL path: http://www.charityandsecurity.org/print/897 (2016-02-16)
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  • The FATF’s Opportunity to Protect Nonprofits | Charity & Security Network
    do not in our opinion offer any real insight as to what types of activities are inherent to risky charities as opposed to risks in any other entities The problems raised by Byrne in 2005 have yet to be addressed In its latest typologies document from 2008 the FATF offers little if any meaningful guidance on how best to identify and stop any real threats of ML TF Meanwhile FATF continues to make sweeping allegations against the entire nonprofit sector saying it is a crucial weak point in the global struggle to curb the financing of terrorism For years FATF has described the nonprofit sector as vulnerable to misuse for terrorist financing but has offered little evidence in support of this claim or put it in perspective Describing the nonprofit sector generally as compromised or complicit with terrorists is grossly misguided and inaccurate Separate studies conducted by the European Commission the UK Charity Commission and the World Bank an official FATF partner have found a limited abuse of foundations actual instances of abuse have proved very rare and rarity of instances of terrorism financing by NPOs respectively A 2009 study undertaken by the Australian Institute of Criminology examined the risk of money laundering and terror finance perceived by the individuals and organizations that have reporting obligations under the country s AML CTF laws including corporations government agencies and charities It found that individuals domestic and foreign companies politically exposed persons and foreign government agencies are all considered a higher risk for terrorism financing than charities The exaggerated depiction of charities as facilitators of terrorism has serious and harmful consequences on aid programs Because the FATF emphasizes a risk based approach for detecting ML TF in countries complying with its standards some nonprofits deemed too risky based on the false assumptions presented in the FATF typologies report have been denied access to essential financial services jeopardizing critical humanitarian programs at home and overseas The FATF president Bjørn S Aamo of Norway described the purpose of the risk based model at a conference on August 31 to allow a more efficient allocation of resources to combating money laundering and terrorist financing both by governments and financial institutions It should mean more effective implementation overall by focusing resources and attention on the highest risk sectors and activities emphasis added While many applaud the FATF s acknowledgment that a one size fits all strategy cannot nor should not be proscribed across the board for jurisdictions as diverse as the United States and the Isle of Man others are rightly concerned that an emphasis on risk opens the door for banks to cut off nonprofits Richard K Gordon a law professor at Case Western University and an expert who has examined the regulation of financial institutions for over twenty years says banks will undoubtedly try to reduce their liability by cutting off or denying services to charities they deem high risk If banks believe having fewer charity clients will result in less of a chance

    Original URL path: http://www.charityandsecurity.org/blog/FATFs_Opportunity_to_Protect_Nonprofits (2016-02-16)
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  • UPDATED: Treasury Data Shows Charities Not Significant Source of Terrorist Support | Charity & Security Network
    one percent of organizations with suspected ties to terrorists Click here to see a list of U S charities designated shut down or both by Treasury Table 1 Charities Designated as Specially Designated Global Terrorists SDGT by the U S Total number of charities foreign and U S designated as SDGT 48 Number of foreign charities 40 Number of U S charities 8 Number of U S charities not designated but shut down 1 Total number of SDGTs on Treasury s SDN list 2900 Percentage of SDGTs that are U S charities 1 This refers to the Ohio based KindHearts for Charitable Humanitarian Development which has not be designated as an SDGT but its assets were frozen in February 2006 Click here for more information about Kindhearts approximate total as of March 28 2012 according to Treasury For more about the legal authority to designate a charity as a SDGT see Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities Data from OFAC s 2011 Terrorist Assets Report 2 further raises questions about how much of a threat charities pose Table 2 Frozen Assets as of 2011 OFAC Category Reported Blocked Assets 2011 Reported Blocked Assets 2010 of Reported Blocked Assets 2011 Blocked Funds in the U S Relating to SDGT SDT and FTO Programs including charitable organizations 21 109 888 17 638 123 5 Blocked Funds Relating to State Sponsors of Terrorism in the U S Cuba Iran Sudan Syria 398 600 000 309 500 000 95 Total 419 709 888 327 138 123 100 There is no publicly available information on how much of this amount includes charitable funds or as a subset how much includes funds from U S charities CSN estimates frozen charitable assets to be between 7 19 8 million Click

    Original URL path: http://www.charityandsecurity.org/background/Treasury_too_much_emphasis_charities%3F (2016-02-16)
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  • Anti-Terrorism Financing Overview | Charity & Security Network
    Problem Might be Itself House Hearing Examines Evolution of Terrorist Financing a Decade After 9 11 Treasury s 2011 Terrorist Assets Report Sen Franken Supports Restoration of Money Transfers To Somalia 2010 2011 WikiLeaks Exposes Terrorism Funding Sources New Treasury Rule Improves Access to Lawyers for Designated Groups ACLU and CCR Challenge Constitutionality of OFAC s Licensing Scheme for Legal Services Judge Hears Former Charity Heads Appeal in Tax Case Constitutionality of OFAC s Licensing Scheme Challenged Former Head of Missouri Charity Pleads Guilty to Violating Sanctions against Iraq Now is a Good Time for a Good Faith Standard 2008 2009 Tainted Book A Misguided View About Charities Insight Into Treasury s View of Terrorist Finance Documents Court Rules Accused Scholar Must Have Knowingly Supported Terrorism U S Terror Listing Hurts Banking Services for British NGOs Charity Interpal Cleared in UK Banned in U S U S Designation Causes British Bank Discontinuing Services to UK Approved Charity Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders Convictions Based on Publications Raise New Questions for Nonprofits Commission Declares Charities Clean Charities Respond to Treasury s Overbroad Allegations of Terrorist Ties Resources OFAC Licenses for Humanitarian Aid In DEPTH What is the Financial Action Task Force FATF and Why Nonprofits Should Care Treasury Data Shows Charities Not Significant Source of Terrorist Support CHART Wrong Way Another Treasury Myth about U S Charities Busted printable handout Impact of Counterterrorism Measures on Charities and Donors After 9 11 printable handout Charities Targeted for Enforcement More than Corporations Reports State s 2012 Terror Report Dialog Among Stakeholders KEy to Successful Counterterrorism Framework A License to Aid How Politics Delays Aid to Civilians in Conflict Zones Oxfam Terror Financing Fears Hurting Remittances to Somalia Again Report Restrictions on NGO Funding Hamper Work of

    Original URL path: http://www.charityandsecurity.org/Anti-Terrorism_Financing_Overview%20 (2016-02-16)
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