C&SN's Kay Guinane Authors Chapter in New Book on Cross-Border Philanthropy

Charity & Security Network Director Kay Guinane has authored a chapter in a new book from CAF America, Cross-Border Giving: A Legal and Practical Guide. Guinane co-authored, with Nancy Herzog of the National Endowment for Democracy, the chapter on U.S. Financial Transaction Laws and their Impact on International Grantmaking. 

"Complex U.S. and international frameworks apply to cross-border giving, and a lack of understanding of these rules and regulations can result in excessive exposure to donors to risks impacting both their bank accounts and their reputation,"  said Ted Hart, President and CEO of CAF America. 

Proposed IRS Rule Could Make International Grantmaking Easier

Date: 
September 5, 2017

On Sept. 25, 2015, the U.S. Treasury Department issued final new rules for international grantmaking that are designed to lower the costs and administrative burdens of cross-border grants.  The rules, Reliance Standards for Making Good Faith Determinations, further strengthen the Council on Foundations and Tech Soup’s NGOSource, a central repository of information on foreign charities deemed to be the equivalent of a U.S. public charity (501(c)(3) organization).  Previous rules limited grantmakers to using equivalency determinations by their own legal counsel, rather than the information sharing the new rules enable. The final rules broaden the range of professionals on whose written advice a private foundation may rely for equivalency determinations for grants overseas. They also clarify that sponsoring organizations of donor-advised funds may rely on the rules for international distribution from DAFs, and narrow the circumstances in which a grantor can make use of a grantee affidavit to make a good faith determination of equivalency.

Senate Hearings Stress Value of International Aid, Highlight Nonprofit Banking Woes

Date: 
May 10, 2017

Two Senate committee hearings in early May highlighted the importance of philanthropy and international aid, as well as the challenges faced by nonprofits in accessing banking services to finance that aid. 

On May 3, the Senate Foreign Relations Subcommittee on Multilateral, International Development, Multilateral Institutions, and International Economic, Energy and Environmental Policy held a hearing on "Global Philanthropy and Remittances and International Development." Speakers included InterAction CEO Sam Worthington and leaders in global philanthropy. Worthington described ways the U.S. government could improve partnerships with nongovernmental organizations (NGOs), including recognizing NGOs as donors, and leveraging private actors to give NGOs a diplomatic space in which to operate. He noted that 70 percent of international development response in Nigeria, Yemen, Somalia and South Sudan is performed by NGOs. 

New Report for Funders: Challenging the Closing Civil Society Space

Date: 
February 1, 2016
Author: 

In consortium with Ariadne (the European Funders for Social Change and Human Rights) and the International Human Rights Funders Group (IHRFG), the European Foundation Centre (EFC) has published a report on Challenging the Closing Space for Civil Society, A Practical Starting Point for Funders. The report aims to provide grantmakers, private funders and other non-governmental organizations (NGO) key methods to counteract the growing threats to civil society, including counterterrorism laws and policies.

Do Counterterrorism Grant Clauses Contradict Humanitarian Principles?

Date: 
December 17, 2015
Author: 
Andrea Hall

As organizations navigate the thorny terrain of providing relief to communities in Palestine, the principles of international humanitarian law—humanity, impartiality, neutrality and independence—loom large. These are not simply lofty goals. Because the effectiveness of aid delivery relies on adherence to these principles, it is essential that any aid organization, whether based in Palestine or elsewhere, become intimately familiar with them. There is an additional advantage to understanding these principles: they can be used as the basis for challenging problematic counterterrorism clauses in contracts with donors, be they governments or private sources.

Read the full blog published at Aid Watch Palestine