Guidelines and Code of Conduct

Compliance with overly broad U.S. counterterrorism laws can force NGOs to violate the International Red Cross and Red Crescent Movement’s Principles of Conduct in Disaster Response Programmes. 

 

photo by Trygve.u

 

Guidelines and Codes of Conduct

New Toolkit Aims to Inform and Protect UK Charities

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Date: 
November 16, 2009

An online toolkit was launched on Nov. 10, 2009 to help United Kingdom trustees protect their charities from harm and abuse. Produced by the UK Charity Commission, the first chapter from the Compliance Toolkit: Protecting charities from harm  provides information about relevant terrorism laws, identifies risks from terrorism or other financial crimes and encourages best practices of self monitoring for charities.  The remaining three sections will be released by March 2010.  

Analysis: 2006 Treasury Dept. Voluntary Anti-Terrorist Financing Guidelines

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Date: 
May 21, 2009
External Link: 
From OMB Watch

On Sept. 29, 2006 the U.S. Department of the Treasury (Treasury) released updated Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-Based Charities, its third version of recommendations for charities since 2002. The new Guidelines reflect Treasury consideration of public comments on a December 2005 revision of the original Guidelines, published in 2002. A new Annex provides an unconvincing explanation of Treasury's perception that terrorist abuse of charities is a substantial problem. The 2006 Guidelines place greater emphasis on their voluntary nature, saying charities should apply them to a degree commensurate with their risk of "abuse and exploitation" by terrorists. However, the fundamental problems that lead the nonprofit sector to call for withdrawal of the Guidelines remain unchanged.

Principles of International Charity

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In March 2005 the Treasury Guidelines Working Group , a broadly representative group of U.S. nonprofits and grantmakers, released the Principles of International Charity (Principles) as an alternative to the Department of the Tresaury's the Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-Based Charities.  (The group has called the Guidelines ill-advised and potentially harmful, and called for their withdrawal.)

US, EU Grantmaker Groups Publish Accountability Principles for International Philanthropy

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The Council on Foundations (COF) and the European Foundation Center have published Principles of Accountability for International Philanthropy, the result of a two-year consultative process of grantmakers and stakeholders from four continents. The COF press release announcing the document says:

Report: Red Cross Task Force Defines "Direct Participation in Hostilities" and Protected Civilian Status

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Date: 
June 29, 2009

As warfare moves away from the battlefield and armed forces of nation-states and is often conducted in densely populated cities and regions by organized armed groups, including terrorist organizations, the line between combatants and civilians has become increasingly blurred. To address the pertinent distinction, the International Committee of the Red Cross (ICRC) released Interpretive Guidance on June 2, 2009 that clarifies the meaning of "direct participation in hostilities."   

Safeguarding Charity in the War on Terror

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Date: 
May 11, 2009

Since the 9/11 terrorist attacks, federal measures intended to cut off terrorism funding have imposed undue burdens on the nonprofit sector. This report addresses unbalanced anti-terrorist financing regulations and guidelines and suggests a clear, sensible system, under which nonprofit organizations and foundations can pursue legitimate charitable activities.

Side by Side Comparison of December 2005 and September 2006 Treasury Anti-Terrorist Financing Guidelines for U.S. Charities

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

This chart published by OMB Watch in October 2006 is a section-by-section comparison of the Department of Treasury's proposed revisions to its Anti-Terrorist Financing Guidelines: Voluntarhy Best Practices for U.S. Charities and final version, after Treasury received extensive public comments.  The chart includes commentary that points out problems with the September 2006 version.

Treasury Posts Risk Matrix for Charities

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Date: 
April 20, 2006
External Link: 
From OMB Watch

In March 2007, without public announcement or comment, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) published a Risk Matrix for the Charitable Sector on its website. The Introduction of the publication says the matrix is meant to help charities comply with U.S. sanctions programs that prohibit transactions with designated terrorists or certain countries.

2004 Symposium at Pace Law School Addresses Issues with Treasury Anti-Terrorist Financing Guidelines

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Date: 
December 13, 2004
External Link: 
OMB Watch

A Pace Law Review Symposium, "Anti-Terrorist Financing Guidelines: The Impact on International Philanthropy", highlighted the need for changes in the guidelines and increased transparency of the reasons behind government decisions to shut down several Muslim charities accused of financing terrorists.

2004 Panel at Georgetown University: Safeguarding Charity in the War on Terror

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Date: 
June 1, 2009
External Link: 
OMB Watch

 On June 14 the Georgetown Public Policy Institute's Center for Public and Nonprofit Leadership (CPNL) hosted Safeguarding Charity in the War on Terror, a panel discussion on the impact of government anti-terrorism programs on the nonprofit sector. A diverse group of scholars and practitioners charged that the government's campaign against terrorist financing has proven ineffective, inefficient, and harmful to philanthropy and charitable programs.