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  • Book: Anti-Terrorist Finance Laws Do Not Add Up | Charity & Security Network
    and shows how ineffective counterterrorist financing regimes have been in response Terrorist groups do not operate in a vacuum Rather the author and others argue that they have been successful at using the complexity and scale of the international financial system to facilitate financial transactions to fund their illicit activities Kerwin Datu editor at The Global Urbanist agrees In his review of Wittig s book in an August 2012 London School of Economics blog post he said Understanding terrorist finance means understanding how terrorists interact with the everyday economy not assuming that they operate in an alternate financial universe This reality Datu adds M akes it much harder for policymakers and counter terrorist efforts to determine what economic activities count as terrorist support and what merely support terrorism by accident as it were The problem can no longer be a technical one but becomes a political decision about how much we are willing to intervene in various economic processes to frustrate the material support of terrorist groups and who we are willing to criminalize to do so emphasis added This distinction is critical since anti terror finance measures implemented in the last decade have effectively criminalized humanitarian action in places where a known terrorist group operates contrary to the U S s legal obligations under international humanitarian law These measures have been responsible for delaying or barring aid from reaching vulnerable populations in or after emergencies in places like Sri Lanka Somalia and Pakistan So while it remains unclear who these anti terror laws are stopping it s all too apparent who they are hurting 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

    Original URL path: http://www.charityandsecurity.org/studies/Anti-Terrorist_Finance_Laws_Do_Not_Add_Up_Book (2016-02-16)
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    Shows Charities Not Significant Source of Terrorist Support FATF Issues New Risk Assessment Guidance Targets NGOs Date March 27 2013 Gauging the effectiveness of the Financial Action Task Force s policy and assessment mechanisms for laws to prevent terrorist financing and money laundering was the central question of a speech delivered by the organization s president on March 15 2013 Speaking before a European conference on money laundering and terrorist financing FATF President Bjørn S Aamo asked Does the system work As part of the FATF s answer it produced risk assessment guidance February 2013 and also updated its methodology February 2013 for evaluating the level of individual country s compliance with its 2012 recommendations and interpretive notes on anti money laundering AML and counter terrorist financing CTF controls Read more about FATF Issues New Risk Assessment Guidance Targets NGOs Looks like the new war in Syria gives Matt Levitt a chance to revisit his old mistaken talking points about charities Date October 1 2014 Author Suraj Sazawal former Charity Security Network Policy Analyst In his latest blog about curbing the flow of money to ISIS the militant group operating in Syrian and Iraq analyst Matt Levitt says the blame is squarely on Gulf nations like Qatar for failing to enforce its terror financing laws on charities According to Levitt Having the charity regulations on the books is an Read more about Looks like the new war in Syria gives Matt Levitt a chance to revisit his old mistaken talking points about charities Counterterror Pressure on Banks Threatens Humanitarian Aid Flows Date August 7 2014 Author Kay Guinane In 2013 a report by three nonprofits sounded a warning about the humanitarian consequences of a disturbing and growing trend banks closing off services the aid organizations and to money service businesses MSBs that facilitate financial transfers between diaspora populations in the U S to their families back home In 2014 the problem is getting worse and U S Read more about Counterterror Pressure on Banks Threatens Humanitarian Aid Flows Bill to Ease Limitations on Remittances Passes House Date May 8 2014 A bill to improve the ability for remittance services to send funds to conflict zones passed the House of Representatives May 7 2014 The Money Remittances Improvement Act HR 4386 is intended to reduce the fears some banks have working with Money Service Businesses MSBs and other non bank firms that operate in complex conflict zones like Somalia Rep Keith Ellison D MN the bill s primary sponsor hailed its passage as a cause for celebration for all diaspora communities Read more about Bill to Ease Limitations on Remittances Passes House Islamic charity officials gave millions to al Qaeda U S says Wash Post Date January 3 2014 Author Joby Warrick and Tik Root Washington Post Dec 22 2013 Read more about Islamic charity officials gave millions to al Qaeda U S says Wash Post Barclays Prevented from Ending Somali Lifeline Guardian Date November 6 2013 Author Denise Roland From

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=1 (2016-02-16)
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    cutting a critical lifeline to millions of Somalis who depend on remittances for basic needs If aid agencies can find a way to operate efficiently in Somalia then surly it s not beyond the capability of Barclays the letter says Read more about New Research Prompts Letter to Barclays Over Somalia Decision Oxfam Terror Financing Fears Hurting Remittances to Somalia Date August 18 2013 An estimated 600 000 to 800 000 Somalis living in the diaspora send home about 1 3 billion a year to support their relatives Increasingly however they are finding it harder to do so because banks in the U S and in the United Kingdom are curbing banking services to Somali money transfer organizations MTOs because of fears that funds might end up in the hands of terrorists But these banks according to a new report from Oxfam appear to be acting out of general aversion to risk rather than to any specific concerns regarding their compliance practices U S banks have responded in a manner disproportionate to the level of risk involved and have failed to distinguish among Somali American MTOs treating companies that are meticulous in their policies and practices in the same way that they treat those that take a less rigorous approach the report found Read more about Oxfam Terror Financing Fears Hurting Remittances to Somalia Oxfam Terror Financing Fears Hurting Remittances to Somalia Date August 18 2013 An estimated 600 000 to 800 000 Somalis living in the diaspora send home about 1 3 billion a year to support their relatives Increasingly however they are finding it harder to do so because banks in the U S and in the United Kingdom are curbing banking services to Somali money transfer organizations MTOs because of fears that funds might end up in the hands of terrorists But these banks according to a new report from Oxfam appear to be acting out of general aversion to risk rather than to any specific concerns regarding their compliance practices U S banks have responded in a manner disproportionate to the level of risk involved and have failed to distinguish among Somali American MTOs treating companies that are meticulous in their policies and practices in the same way that they treat those that take a less rigorous approach the report found Read more about Oxfam Terror Financing Fears Hurting Remittances to Somalia Barclays Delays Shutting Accounts But Uncertainty Remains for Somalis Depending on Remittances Date July 16 2013 UK s Barclays bank has delayed a move to suspend the accounts of nearly 250 money transfer services operating in Somalia temporarily keeping thecritical financial lifelines open past its July 10 2013 deadline While it is unclear which firms received the extension or how long the reprieve will last representatives from one of the biggest transfer firms in Mogadishu reported being open for business after the initial deadline had passed If the decision to delay is rescinded it will have a major impact on Somalis who depend on

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=2 (2016-02-16)
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    Lawsuit Chiquita Hopes to Keep Terror Finance Skeletons in the Closet Date April 10 2013 On April 4 2013 Chiquita Brands International sued the Securities and Exchange Commission SEC seeking to block the release of documents related to payments the company made to terrorist groups according to the complaint filed in U S District Court for the District of Colombia The Department of Justice had fined Chiquita 25 million in March 2007 after the Cincinnati based company admitted paying millions to Colombian terrorist groups including the Revolutionary Armed Forces of Colombia FARC to protect their business interests in the country The resurfacing of this case serves as a reminder of the issue of unequal enforcement of anti terrorist financing laws Several U S charities have been shut down on the basis of much less evidence than the direct payments to which Chiquita admitted Read more about With Lawsuit Chiquita Hopes to Keep Terror Finance Skeletons in the Closet With Lawsuit Chiquita Hopes to Keep Terror Finance Skeletons in the Closet Date April 10 2013 On April 4 2013 Chiquita Brands International sued the Securities and Exchange Commission SEC seeking to block the release of documents related to payments the company made to terrorist groups according to the complaint filed in U S District Court for the District of Colombia The Department of Justice had fined Chiquita 25 million in March 2007 after the Cincinnati based company admitted paying millions to Colombian terrorist groups including the Revolutionary Armed Forces of Colombia FARC to protect their business interests in the country The resurfacing of this case serves as a reminder of the issue of unequal enforcement of anti terrorist financing laws Several U S charities have been shut down on the basis of much less evidence than the direct payments to which Chiquita admitted Read more about With Lawsuit Chiquita Hopes to Keep Terror Finance Skeletons in the Closet Selective Enforcement Charities Targeted for Harsher Sanctions Date June 29 2009 The U S Department of the Treasury s Office of Foreign Assets Control OFAC has designated nine U S charities as supporters of terrorism seizing all property blocking all funds and effectively closing all programs In contrast the for profit corporations Halliburton and Chiquita Brands International have only had to pay fines for very similar alleged violations and their operations have not been interrupted or shut down There has been no explanation from OFAC Read more about Selective Enforcement Charities Targeted for Harsher Sanctions Selective Enforcement Charities Targeted for Harsher Sanctions Date June 29 2009 The U S Department of the Treasury s Office of Foreign Assets Control OFAC has designated nine U S charities as supporters of terrorism seizing all property blocking all funds and effectively closing all programs In contrast the for profit corporations Halliburton and Chiquita Brands International have only had to pay fines for very similar alleged violations and their operations have not been interrupted or shut down There has been no explanation from OFAC Read more about

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=3 (2016-02-16)
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    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 FATF U S Push Turkey to Pass Controversial Anti Terror Finance Bill Date February 27 2013 An anti terrorism financing law passed by Turkey s parliament on Feb 7 2013 and signed into law one week later drew criticism from civil society and opposition lawmakers who fear it will be used to wrongly label people or organizations as terrorists and freeze their assets without notice Facing scrutiny from the Financial Action Task Force FATF an inter governmental body that sets anti money laundering counter terror finance AML CFT standards Turkey was under duress to pass the measure or risk suspension The FATF announced it would not suspend Turkey on Feb 22 Read more about FATF U S Push Turkey to Pass Controversial Anti Terror Finance Bill Somali Sentenced to 8 Years in Prison Date January 9 2013 A San Diego woman who conspired to provide material support to a Somali terrorist organization was sentenced to eight years in federal prison on Dec 11 2012 As part of her guilty plea Nima Ali Yusuf admitted lying to federal agents and sending 1450 in increments between 50 and 200 to members of al Shabaab in Somalia The sentence handed down by U S District Court Judge Barry Ted Moskowitz was less than the maximum 15 years she could have received Yusuf pleaded guilty a year ago to conspiring with four other Somali nationals in Minnesota to provide money and other support to al Shabaab which has been engaged in a protracted conflict with the country s internationally recognized government for years Read more about Somali Sentenced to 8 Years in Prison Business As Usual Date December 29 2012 Last month the Justice Department announced that HSBC bank was fined 1 2 billion for money laundering activities that involved the financing of groups with ties to terrorism but no officials would receive jail sentences and the bank would continue to operate At the same time Nima Ali Yusuf a Somali woman living in San Diego was sentenced to eight years in prison for sending 1 450 to members of a terrorist organization in her native country The overwhelming conclusion one can draw according to Kevin Gosztola at Firedoglake is there is no limit to the political will the Justice Department or Treasury Department has to crackdown on Muslims for charity They will go to immeasurable lengths to conflate giving with financing of terrorism Read more about Business As Usual Business As Usual Date December 29 2012 Last month the Justice Department announced that HSBC

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=4 (2016-02-16)
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    and move money has changed witnesses said at a Congressional hearing on May 18 2012 One witness criticized the one size fits all approach to charities the government has taken noting that it serves to restrict aid and called for clearer guidance from the government Congressional members joined witnesses in calling for updating counter financing of terrorism CFT efforts to meet the evolving threats The hearing Terrorist Financing Since 9 11 Assessing an Evolving al Qaeda and State Sponsors of Terrorism was held before the House Homeland Security Subcommittee on Counterterrorism and Intelligence Read more about House Hearing Examines Evolution of Terrorist Financing a Decade After 9 11 Updated International Anti Terrorist Financing Standards Problematic for Nonprofits Date March 18 2012 The Financial Action Task Force FATF an international consortium of 36 countries that sets anti terrorist financing and anti money laundering standards used by 180 countries approved revised recommendations on Feb 15 2012 The new recommendations largely duplicate the problematic Special Recommendation VIII for the nonprofit sector focusing instead on weapons of mass destruction corruption and tax crimes A report from the Transnational Institute and Statewatch published the same month notes that the regulatory measures FATF recommends for nonprofits can and are being used by repressive governments to suppress nonprofits Read more about Updated International Anti Terrorist Financing Standards Problematic for Nonprofits 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 entities e g SDGT SDT and FTOs was 21 109 888 This is an increase of nearly 19 percent from 2010 17 638 123 Assets related to the four country sponsors of terrorism Cuba Sudan Syria and Iran totaled 398 6 million an increase of nearly 28 percent from 2010 309 5 Read more about Treasury s 2011 Terrorist Assets Report Sen Franken Supports Restoration of Money Transfers To Somalia Date February 1 2012 A small number of Minneapolis area Somali money transfer shops have reopened amid heightened scrutiny from banks reports the Minnesota Star Tribune on Jan 25 2012 Though the amount transferable is limited to 500 the services are the only means many Somali Americans have available to send remittances to family living in Somalia a country lacking a functioning government or banking system and plagued by drought and civil strife for almost 20 years The inability of nearly 70 000 Somalis that live in the state to send money home had drawn strong criticism from Sen Al Franken D MN and other Minnesota legislators At the end of December the state s 14 Somali money transfer shops were shut down after the last Minnesota bank to wire money to Somalia closed their accounts Read more about Sen Franken Supports Restoration of Money Transfers To Somalia

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=5 (2016-02-16)
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    about U S Charities Busted ACLU and CCR Challenge Constitutionality of OFAC s Licensing Scheme for Legal Services Date August 16 2010 On Aug 3 2010 the American Civil Liberties Union ACLU and the Center for Constitutional Rights CCR filed a lawsuit challenging the regulatory scheme requiring attorneys to obtain permission from the Office of Asset Control OFAC to represent their clients The plaintiffs seek to represent pro bono the father of a US citizen targeted for killing by the U S government Read more about ACLU and CCR Challenge Constitutionality of OFAC s Licensing Scheme for Legal Services The Impact of Counterterrorism Measures on Charities and Donors After 9 11 Date August 16 2010 There is increasing evidence of the negative impact on all charities of the counter terrorism measures introduced since 2001 i Here are examples from around the world Read more about The Impact of Counterterrorism Measures on Charities and Donors After 9 11 The Impact of Counterterrorism Measures on Charities and Donors After 9 11 Date August 16 2010 There is increasing evidence of the negative impact on all charities of the counter terrorism measures introduced since 2001 i Here are examples from around the world Read more about The Impact of Counterterrorism Measures on Charities and Donors After 9 11 The Impact of Counterterrorism Measures on Charities and Donors After 9 11 Date August 16 2010 There is increasing evidence of the negative impact on all charities of the counter terrorism measures introduced since 2001 i Here are examples from around the world Read more about The Impact of Counterterrorism Measures on Charities and Donors After 9 11 Report Muslim Charities and the War on Terror 2006 Date May 11 2009 March 2006 report Since the 9 11 terrorist attacks U S based charities have become targets in the government s war on terror financing Despite the implications for all domestic nonprofit organizations the lion s share of the burden of increased scrutiny suspicion and pre emptive action has fallen on Muslim groups This report lists issues that the charitable sector and the public must address in order to correct an unfair process and make the war on terror most effective Read more about Report Muslim Charities and the War on Terror 2006 Commentary Insight into Treasury s View of Terrorist Finance from FOIA Docs Date July 6 2009 Author Wendell Belew Guest Author By Wendell Belew Belew Law Group Washington DC Mr Belew represents the Friends of Charity Association an association of Islamic charities that operate globally www foca net Read more about Commentary Insight into Treasury s View of Terrorist Finance from FOIA Docs WikiLeaks Exposes Terrorism Funding Sources Date December 16 2010 Author Suraj K Sazawal Amidst all the secrets revealed in November 2010 by WikiLeaks such as which First Lady had too much plastic surgery and where Qaddafi s buxom personal nurse originates it wouldn t have been hard to miss a few cables from the State Department identifying the most

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=6 (2016-02-16)
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    failed to report newsletters supporting jihad to the Internal Revenue Service IRS Read more about Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders Date June 10 2008 Concerns about the freedom of association and the right to express unpopular points of view in organizational newsletters remain after conspiracy charges against three officers of a defunct Muslim charity Care International Inc were dismissed in Boston on June 3 Two other convictions were upheld including one against the former treasurer of the organization because he failed to report newsletters supporting jihad to the Internal Revenue Service IRS Read more about Free Speech Questions Linger After Judge Dismisses Most Charges Against Charity Leaders USAID IG Report Highlights Protection Payment Problem Facing Development Programs in Conflict Areas Date October 14 2010 The harsh realities and contradictions of providing aid and development in conflict zones were in the spotlight after the U S Agency for International Development USAID published an Inspector General Report on Sept 29 2010 that said Afghan subcontractors working on a project funded by USAID were likely paying a protection tax to the Taliban Read more about USAID IG Report Highlights Protection Payment Problem Facing Development Programs in Conflict Areas Former Head of Missouri Charity Pleads Guilty to Violating Sanctions Against Iraq Date June 30 2010 Read more about Former Head of Missouri Charity Pleads Guilty to Violating Sanctions Against Iraq Now is a Good Time for a Good Faith Standard Date February 12 2010 Author Kay Guinane An interesting and positive shift in thinking at the Department of Treasury appears to be quietly taking place in the context of finding ways to get aid to Somalis suffering from famine and civil war As reported in

    Original URL path: http://www.charityandsecurity.org/issue/Anti-Terrorism%20Financing?type=All&page=7 (2016-02-16)
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