Analysis Overview and List of Topics

May 13, 2013

The Charity & Security Network has prepared analysis on a number of topics relevant to our members, including Enabling Environment for Civil Society, Partner Vetting System, Material Support and Humanitarian Aid, as well as discussion of U.S. Departments of Treasury and State policies. Here you will find a list of topics and links. 

Mind the Gap: When It Comes To Nonprofits the Tax Code and Sanctions Regime Are In Conflict

February 23, 2017

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.

FATF’s 2016 Evaluation of the U.S. - Summary and Analysis

December 2, 2016

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.

Partner Vetting System: Summary and Analysis

February 11, 2016

The Partner Vetting System (PVS) is a pilot program created to vet individuals in nongovernmental organizations (NGOs) and for-profit entities who apply for United States Agency for International Development (USAID) contracts and grants, to ensure that USAID-funded activities are not inadvertently providing support to entities associated with terrorism. Under the PVS pilot program, the U.S. government requires many grant applicants to submit detailed personal information on key employees and subcontractors to USAID for comparison with intelligence databases.

Analysis - U.S. National Terrorist Financing Risk Assessment 2015 Sets Stage for Review of Rules Impacting Nonprofit Organizations

September 28, 2015

In anticipation of the Financial Action Task Force’s (FATF) evaluation of U.S. implementation of its anti-money laundering and terrorist financing (AML/TF) standards, the U.S. Department of Treasury published the first National Terrorist Financing Risk Assessment on June 12, 2015.

Summary and Analysis: President Obama’s September 2014 Civil Society Memorandum and Initiatives

October 13, 2014

One year after President Obama’s speech at the United Nations on the need to protect civil society globally the White House released two documents that set out an ambitious agenda to strengthen civil society.  First, a Presidential Memorandum directed federal agencies that conduct international work to take proactive steps in four concrete areas, and to report back on their progress annually.  The second document, a

Vetting in Afghanistan: Issues with the Defense Department, State and USAID

November 14, 2013
Emily Nickles, J.D. Notre Dame Law, working in Washington, DC under Notre Dame's Law’s Public Service Initiative

In order to ensure that Department of Defense (DOD) funds are not awarded to individuals or groups that actively oppose United States (U.S.) and Coalition Forces, Congress included Section 841 in the 2012 National Defense Authorization Act.  Section 841 permits DOD to restrict, terminate for default, or void a DOD grant[1] with a group or individual determined to be “actively supporting an insurgency or otherwise opposing the United States or coalition forces in a contingency operation in the United States Central Command theater o

A License to Aid? How Politics Delays Aid to Civilians in Conflict Zones

July 24, 2013

The Palestinian territories receive some of the highest amount of humanitarian aid of any place in the world from the U.S. government and charitable donors.[i] Most of this aid goes to the West Bank. The flow of aid dollars hits a significant barrier when it comes to the other Palestinian territory, the Gaza Strip. The elected government in Gaza, Hamas, was listed as a terrorist group by the U.S.

How the FATF Is Used to Justify Laws That Harm Civil Society, Freedom of Association and Expression

May 16, 2013

The Financial Action Task Force (FATF) is an intergovernmental policy making body that sets counter-terrorist financing and anti-money laundering (CFT/AML) standards used in nearly 180 countries. Jurisdictions undergoing the FATF’s compliance evaluation process are strongly encouraged to introduce specific laws and financial regulations, including Recommendation 8 (R8), on the operations and activities of non-profit organizations (NPOs), or risk serious economic consequences that could affect foreign aid, remittances, and trade.[1]  

UN Counterterrorism Framework: Key Programs and Tools

May 1, 2013

Terrorism has been on the modern international agenda since 1934, when the League of Nations discussed a draft convention for the prevention and punishment of terrorism. More recently, the United Nations (UN) has introduced a number of robust sanctions and anti-terror programs. These initiatives make up the bulwark of the UN’s efforts, but many were created with little transparency and are routinely criticized for violating fundamental norms of due process and insufficiently respecting human rights.  Other tools, like the UN Global Counter-Terrorism Strategy, call on all UN members to undertake measures against terrorism, but to do so “in accordance with the Charter of the UN and the relevant provisions of international law, including international standards of human rights.”

The purpose of this document is to provide basic information about the major pieces of the UN Counterterrorism framework, including UN Security Council Resolutions and the UN Global Counter-Terrorism Strategy.