Terrorist Listings and Due Process

July 29 Webinar: Due Process? The State of U.S. Treasury Terrorist Listing Procedures

Event Date: 
July 29, 2019

Due Process? The State of U.S. Treasury’s Terrorist Listing Procedures

Monday July 29 at 2 pm EDT

View the Recording

View Webinar Slides by Kay Guinane

View Webinar Slides by Hina Shamsi

View Webinar Slides by Alan Kabat

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. 

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

June 18, 2017

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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