A new C&SN Issue Brief examines the impact on women of counterterrorism laws and policies restricting peacebuilding and humanitarian work. It looks at the disproportionate effect that armed conflict has on women, shines a light on the role women are taking in these global hot spots to improve their lives and their communities, and explains how empowering legislation would allow U.S.
After draft updates and significant input from the nonprofit organization (NPO) sector, the Financial Action Task Force (FATF) released its revised Best Practices Paper (BPP) in June 2015. The long-awaited revision incorporates almost all of the changes requested by NPOs with a new emphasis on taking a risk-based approach and avoiding a one-size-fits-all regulatory scheme.
This latest BPP revision, which offers guidance on FATF Recommendation 8, on laws relating to NPOs, states at its outset that FATF recognizes “the vital importance of the NPO community in providing charitable services around the world, as well as the difficulty of providing assistance to those in need, often in remote regions.” It also recognizes the efforts of NPOs to promote transparency in their work and “to prevent misuse of the sector by those wishing to support terrorist financing and terrorist organisations.”
Barriers to Cross-Border Nonprofit Operations and
The Role of the Financial Action Task Force
The Financial Action Task Force (FATF) is an intergovernmental body that sets anti-terrorist financing and anti-money laundering standards that it uses to assess the adequacy of laws and regulations in nearly every country in the world. Since 9/11 it has increased its focus on regulation of financial services and charities.
The Office of Foreign Assets Control (OFAC) within the U.S. Department of Treasury is tasked, in part, with ensuring that money from U.S. persons and entities does not fall into the hands of terrorist groups. An array of sanction laws have been enacted that make it a crime for money to go to certain countries (for example, Iran and Syria) and certain organizations (for example, Hamas and al-Qaeda). OFAC has the authority both to enforce these laws, by freezing the assets of any U.S. group or individual who violates them, and to provide exceptions to these laws through licenses.
4.3 million people in Mali, a West African nation in the heart of the Sahel, are experiencing a humanitarian crisis following the collapse of the country’s central government in March 2012 and a foreign military intervention against armed militant groups in early 2013. The conflict uprooted thousands of people, and according to Médecins sans Frontières (MSF), over 170,000 Malians are refugees in neighboring countries, and another 270,000 were forced to abandon their homes in the north to seek safety in southern Mali.
The U.S. government maintains two lists containing entities (State’s Foreign Terrorist Organizations (FTO) & Treasury’s Specially Designated Nationals (SDN)) it believes engage in terrorist activity. It is illegal to provide these groups with material support which is defined broadly in the law to include tangible goods like food or clothing, medical services, and training in conflict mediation.
But the laws designed to starve the terrorists also make it nearly impossible for humanitarian actors to reach or offer assistance to civilians living in territory controlled by a blacklisted group. That means that in conflict zones or natural disaster areas where these groups are active, providing medical services or distributing non-medicinal necessities such as clean water, tents, blankets, food can be prohibited.
Syria - Background
Since the start of the Syrian uprising in March 2011, a mostly peaceful mass street protest has transformed into a destructive and deadly civil war pitting the Free Syrian Army (FSA) against the Alawite-dominated security forces of President Bashar al-Assad. With the conflict raging across much of the country and difficulties getting international aid to civilians inside Syria, the humanitarian situation is described as “catastrophic” and continues to deteriorate at a rapid pace.
Before the first government to be internationally recognized in two decades came into power in early 2013, Somalia had been a country without an effective government since the collapse of the Siad Barre regime in 1991. Since then, two decades of conflict, severe weather, and the lack of basic services and infrastructure have contributed to major food shortages for almost half of the country’s ten million people. Amidst the rampant insecurity and shortages, humanitarian efforts were further complicated by U.S. restrictions that prohibited aid delivery to the nearly two million civilians living in areas of the country controlled by al-Shabaab, a militant group that operates in southern Somalia, during the 2011 famine.
The U.S. terrorist listing process is designed to cut off funding to terrorists by freezing their funds and banning financial transactions with them. The President designates terrorist groups by Executive Order and authorizes the Treasury Department to list others that support them. A lack of clear standards, transparency and oversight of the list has raised serious concerns over the due process rights of those listed and the accuracy of the list itself.