A new report prepared by the Duke Law International Human Rights Clinic (IHRC) and the Women Peacemakers Program (WPP) looks at the effects of countering terrorism financing (CTF) measures on women’s rights organizing, women’s rights organizations, and gender equality globally, especially in areas of conflict or at risk of terrorism.
Since the Supreme Court’s 2010 decision in Holder v. Humanitarian Law Project (HLP), peacebuilding organizations have faced significant uncertainty as to what communications with Foreign Terrorist Organizations (FTOs) remain permissible under the prohibition on material support of terrorism in 18 USC 2339B. Although there have been no prosecutions for peacebuilding activities since the decision, the lack of clarity about how it should be interpreted and applied has created a chilling impact on peacebuilding activities, inhibited constitutionally permitted speech and association, and reduced the kinds of contacts that might help prevent/counter violent extremism and terrorism. This fact sheet is intended to provide a measure of clarity by drawing on representations made by the government to the Supreme Court during oral argument and in its brief in the Holder litigation about what it considers to be permissible communications with listed groups. A chart summarizing these statements is included. A PDF of this analysis is available here.
In an undated document, the Department of Justice released a two-page guidance on permissible forms of communication with members of listed terrorist groups that are intended to turn them away from violance.
When U.S. sanctions laws are applied to U.S. charities, funds can be frozen indefinitely, despite tax rules that require they be distributed for charitable purposes when a charity shuts down. In the Oct. 10, 2016 issue of Tax Notes, attorneys Cherie L. Evans of Evans & Rosen LLP and Kay Guinane, Director of the Charity & Security Network, explain how the “Gap Between Tax and Sanctions Law Blocks Life-Saving Aid.” After summarizing the relevant provisions of tax and sanctions law and key court cases, the article explains how designation of a U.S.
The scope and prevalence of challenges that U.S.-based nonprofits face in accessing financial services are far more vast than previously understood, according to a comprehensive report released today by the Charity & Security Network.
2/3 of all U.S. nonprofits that work abroad are having financial access difficulties
Delays in wire transfers, which can last up to several months, are the most common problem, affecting 37% of nonprofits
15% of nonprofits report having these problems constantly or regularly
One-third of NPOs have experienced fee increases, and 26% have faced additional, unusual documentation requests
Transfers to all parts of the globe are impacted; the problem is not limited to conflict zones or fragile and failing states
NPOs, categorically treated as high-risk, are sometimes forced to move money through less transparent, traceable, and safe channels as a result of delays in wire transfers and requests for additional documentation. When money cannot be transmitted in a timely manner, 42% of nonprofits report that they carry cash.
Co-authored by C&SN's Kay Guinane and Andrea Hall (February 2017).
“Safeguarding Humanitarianism in Armed Conflict is a comprehensive study of the corrosive effect of counterterrorism measures on humanitarian action. It drives home the point that over-reaction is the very thing that makes terrorism succeed."
-- Gabor Rona, International Legal Director at Human Rights First
"Safeguarding Humanitarianism in Armed Conflict presents a thorough and balanced analysis of the protections provided for lifesaving humanitarian assistance in international humanitarian law. It reminds us that the struggle to balance security and humanity through law is not a new one, and urges us to recall long-held rules and standards of international law as we engage in debates around counterterrorism."
-- Naz Modirzadeh, Senior Fellow at Harvard Law School- Brookings Project on Law and Security
The politicization of disaster response in conflict zones obstructs timely and effective aid delivery and also jeopardizes the safety of aid workers. Deadly Combination: Disaster, Conflict and the U.S. Material Support Law considers two cases: The 2011 famine in Somalia and the summer 2010 floods in Pakistan. In both cases, by giving priority to military objective, the U.S. impaired effective aid delivery by humanitarian organizations, exacerbating the hardship caused by disasters. (April 2012)
Book Examines the Restrictive and Punitive Impact from Counterterrorism Measures on Nonprofits Since 9/11
The roots of terrorism are complex and include the hopelessness of poverty, issues about identity and cultural domination, and frustration from being shut of the political process. To reduce the tensions that arise from these factors, U.S. grantmakers, aid and development organizations, and human rights advocates are striving to meet basic needs, promote respect and understanding, and engage people in peaceful political participation. But rather than welcoming their contribution, American national security laws and policies have erected barriers that unnecessarily restrict nonprofits' efforts. How the Work of Charities Counters Terror and How U.S. Laws Get in the Way addresses the need to acknowledge the critical role nonprofits play in improving our security by alleviating suffering and promoting human rights in global hotspots. (December 2009)
The Financial Action Task Force released the results of its Mutual Evaluation of the United States on Dec. 1, 2016, assessing compliance with its 40 anti-terrorist financing and anti-money laundering standards, including Recommendation 8 (R8) on nonprofit organizations (NPOs). While the evaluation found the U.S. to be “largely compliant” with R8, it noted that R8 was revised in June 2016. The evaluation is based on the prior version.
In issuing its final rule on beneficial ownership, the Financial Crimes Enforcement Network (FinCEN) exempted charities and nonprofit entities from the ownership prong of the requirement, but not the control prong.
A new report prepared for the United Nations (UN) Economic & Social Commission for Western Asia looks at the effects of sanctions encountered by those delivering humanitarian aid in Syria.
The financial access problems faced by nonprofit organizations (NPOs) are a significant part of the findings from a workshop hosted last summer by the World Bank and the Association of Certified Anti-Money Laundering Specialists (ACAMS). The report, Stakeholder Dialogue on De-risking: Findings and Recommendations, summarizes the main findings of the May 31-June 1 meeting as well as the recommendations made by participants. These recommendations are simply a reflection of the discussion rather than any endorsement by the World Bank or ACAMS.