Frozen Funds

Currently, if a charity's assets and funds, including donations, are seized by the government, there is no process to release the charitable funds to programs that respect the intentions of the donors. Frozen charitable frozen funds are now estimated at $20.7 million. 

CSN's Principles and Procedures for the Release of Frozen Funds for Charitable Purposes

 

 

Frozen Funds

UK Court Rules Asset Freeze Process Exceeds Government Authority

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Date: 
February 11, 2010

On Jan. 27, the United Kingdom (UK) Supreme Court upheld a challenge to asset freezing orders against five suspected terrorists, who said the 2006 orders should have been considered and approved by Parliament. None of the five have been charged with a terrorism related offense. The court suspended its judgment for 30 days, and UK Treasury officials said they would seek fast-track passage of legislation on asset freezing. That may change the current program, as Parliament may consider fairness problems in the current program that were cited by the court.

Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities

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Date: 
September 15, 2009

The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorist (SDGT) or freeze assets "pending investigation" is based on laws providing for economic sanctions against foreign nations, going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act.  

Kindhearts v. Treasury: Successfully Challenging the Constitutionality of Treasury Shutting Down a Charity

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Date: 
November 24, 2009

The Aug. 18, 2009 federal court ruling in KindHearts v. Treasury is a positive step forward in the ongoing efforts of U.S. charities to make national security laws fair and ensure they protect vulnerable people that depend on charities for vital aid. The 100 page order found that the Department of Treasury's (Treasury) seizure of KindHearts assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments. 

Trick or Treat for Frozen Funds

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Date: 
November 16, 2009
Author: 
Kay Guinane

On Halloween a neighborhood kid dressed as a vampire stopped by my house collecting for UNICEF, the United Nations fund for children founded in 1946 "to work with others to overcome the obstacles that poverty, violence, disease and discrimination place in a child’s path." She had a chart that outlined how many children could be helped with small donations. For example, $25 wil

Chart: How Many Children Could be Helped if Frozen Charitable Funds Were Released?

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Date: 
November 9, 2009

The Office of Foreign Assets Control report for 2008 indicates $20.7 million in assets have been frozen for all individuals and entities on its watchlist. There is no public information on how much of that comes from charities, but news reports indicate at least $6 million in U.S. charitable assets are frozen. 

Instead of the money remaining frozen at Treasury, the money could be used to help millions of children and families in need. As an example, we used statistics from the US Fund for UNICEF* to illustrate how frozen funds could be used for immunizing children, clean water and shelter for displaced families.

KindHearts Case Timeline

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Date: 
September 15, 2009

On Aug. 18, 2009, a federal judge ruled the Treasury Department’s seizure of a charity’s assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments. KindHearts for Charitable Humanitarian Development was shut down by the Treasury Department "pending investigation" on Feb. 19, 2006.  To date it has not been designated as a supporter of terrorism. This timeline details the issues and procedural history of the case, which illustrates the problems created by using post 9/11 emergency measures for long term regulation of charities in the national security context.

Summary of KindHearts Ruling Requiring Due Process and Probable Cause to Shut Down Charities

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Date: 
September 16, 2009

The Aug. 18, 2009 federal court ruling in KindHearts v. Treasury is a positive step forward in the ongoing efforts of U.S. charities to make national security laws fair and ensure they protect vulnerable people that depend on charities for vital aid. The 100 page order found that the Department of Treasury's (Treasury) seizure of KindHearts assets without notice or means of appeal is a violation of the Fourth and Fifth Amendments. This summary reviews the court order and notes issues to be addressed in developing better procedures. 

Foreign Legal Challenges to "Terrorist" Designation Prove Successful

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Date: 
April 9, 2009

On Feb. 17, 2009 a Swedish court in Malmo acquitted the head of a charity of charges that he financed terrorism through a charitable group. Khalid al-Yousef, the leader of al-Aqsa Spannmal (Grain Foundation), faced a six year jail sentence if convicted. It has also been reported that $150,000 in donations raised by the charity which had been frozen by the United States and Britain will be returned.

Legal Authority and Process of Office of Foreign Assets Control to Release Frozen Charitable Funds

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Date: 
November 6, 2006
External Link: 
From OMB Watch

The power of the federal government to release "blocked" assets seized from entities designated as Foreign Terrorist Organizations for Specially Designated Nationals derives from the same statutory framework as the power to freeze and seize assets. These statutes — International Emergency Economic Powers Act (IEEPA) as amended by the Patriot Act, and the Anti-Terrorism and Effective Death Penalty Act of 1996 — authorize the President to promulgate regulations governing implementation of these powers.

Summary: Charity and Security Network Reform Proposals

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The following are suggested proposals for allowing legitimate charitable work to be completed: