Terrorist Listings and Due Process

Rule Allows Charities Listed as Terrorist Supporters to Access, Pay Lawyers in Most Cases

Date: 
June 18, 2017
Author: 

When a nonprofit organization (NPO) is listed by the U.S. government as a supporter of terrorism its assets within U.S. jurisdiction are generally frozen – or “blocked.”  In order to contest the listing NPOs may need to access funds to pay for legal representation. Since December 2010 the Department of Treasury’s sanctions regulations https://www.gpo.gov/fdsys/pkg/FR-2010-12-07/html/2010-30520.htm  permit NPOs and other entities and individuals to obtain free legal services and in some cases, to arrange payment for lawyers without first obtaining a license.

The regulation covers legal representation for groups or people listed under EO 12947 (1995), listing designations for those engaged in violence that threatens the Middle East peace process, EO 13224 (2001), which lists Specially Designated Global Terrorists and Foreign Terrorist Organizations listed by the Secretary of State. The rule can be found in Volume 75 Page 75904 of the Federal Register and in 31 of the Code of Federal Regulations Parts 594, 595, and 597.

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