Due Process? The State of U.S. Treasury’s Terrorist Listing Procedures
Monday July 29 at 2 pm EDT Register here
Featured legal experts
Alan Kabat, Partner, Bernabei & Kabat
Hina Shamsi, Director, ACLU National Security Program
After 9/11, passage of the PATRIOT Act and issuance of Executive Order 13224, the U.S. Treasury Department listed nine U.S. charities as supporters of terrorism. This shut them down by freezing funds, seizing property and records and making it illegal for any U.S. person to engage in transactions with them without a license from the Office of Foreign Assets Control.
Appeal rights are limited, but in 2009 and 2011, in two different cases, federal courts ruled that the process Treasury used for listing charities was unconstitutional, violating due process and search and seizure rights. Although Treasury did not change its procedures after these cases, it also has not shut down a U.S. charity since early 2009. However, Islamaphobic groups continually call on Treasury to shut down charities.
This webinar will review the current state of the law on terrorist designations, how U.S. charities may be impacted and how the appeal process works.
Alan Kabat is a partner at Bernabei & Kabat, PLLC (Washington, D.C.), where he specializes in representing employees and non-profit groups in a wide range of issues. He was co-counsel for both KindHearts for Charitable Humanitarian Development (Ohio) and Al Haramain Islamic Foundation (Oregon) in their challenges to the OFAC designations. He received his J.D. degree from Georgetown University Law Center in 1998, where he was a member of the American Criminal Law Review, and served as Editor‐In‐Chief for its Thirteenth Survey of White Collar Crime. He is currently co‐chair of the Amicus Committee for the Metropolitan Washington Employment Lawyers Association. He is admitted in Washington, D.C., Maryland, and Virginia, and in several federal district and appellate courts.
Hina Shamsi is the director of the ACLU National Security Project and has litigated cases upholding the freedoms of speech and association, and challenging targeted killing, torture, unlawful detention, and post-9/11 discrimination against racial and religious minorities. Her work includes a focus on the intersection of national security and counterterrorism policies with international human rights and humanitarian law. She previously worked as a staff attorney in the ACLU National Security Project and was the acting director of Human Rights First's Law & Security Program. She also served as senior advisor to the U.N. Special Rapporteur on Extrajudicial Executions. She is also a lecturer-in-law at Columbia Law School, where she teaches a course in international human rights.