Anti-terrorism financing

Now is a Good Time for a Good Faith Standard

in
Date: 
February 12, 2010
Author: 
Kay Guinane

An interesting and positive shift in thinking at the Department of Treasury appears to be quietly taking place in the context of finding ways to get aid to Somalis suffering from famine and civil war. As reported in our Jan. 27 analysis Legal Roadblocks for U.S. Famine Relief to Somalia Creating Humanitarian Crisis, Treasury told the State Department that transactions with al-Shabab, a listed terrorist group active in Somalia, “were prohibited, but that it would not prosecute American aid officials if they acted in 'good faith'” (emphasis added).  

Tainted Book: A Misguided View About Charities

in
Date: 
November 19, 2009
Author: 
Kay Guinane

Speaking at a money laundering conference in Washington, DC on Oct. 12, 2009, David S.

UPDATED: Treasury Data Shows Charities Not Significant Source of Terrorist Support

in
Date: 
January 8, 2010

There is debate over how much of a threat charities (and U.S. charities in particular) pose to national security. In public statements and meetings with the Treasury Guidelines Working Group, Treasury has made broad statements charging the charitable sector with being a significant source of terrorist financing and support. But evidence to support these claims has not been forthcoming. As a result, there has been significant disagreement between Treasury and the nonprofit sector on the extent and nature of the relationship between charities and terrorists. The issue is highlighted by the fact that Treasury's Annex to the Guidelines only cites examples of foreign charities.

Court Rules Government Must Demonstrate Scholar Knowingly Supported Terrorism

in
Date: 
July 20, 2009

On July 17, 2009, a federal appeals court overturned a ruling that allowed the U.S. government to deny a Swiss Muslim scholar entry into the country for contributing to a charity that was later determined to have connections to terrorism.  The ruling remands Tariq Ramadan's case back to a lower court where the government will have to demonstrate that he knowingly donated to a group sponsoring violence.

UK Charity Commission Assembling "Terrorism" Toolkit for Guiding Charities

in
Date: 
July 15, 2009

As counterterrorism measures continue to evolve, the UK Charity Commission has begun collecting information for developing a toolkit for charities on how to deal with terrorism legislation and related measures in their sector.  They are requesting charities and NGOs to submit examples of situations and issues affecting them that the Commission should examine and possibly include in the toolkit.  More information is available from British Overseas NGOs for Development BOND.

Commentary: Insight into Treasury's View of Terrorist Finance from FOIA Docs

in
Date: 
July 6, 2009
Author: 
Wendell Belew (Guest Author)

By Wendell Belew, Belew Law Group, Washington, DC. Mr. Belew represents the Friends of Charity Association, an association of Islamic charities that operate globally (www.foca.net)

Selective Enforcement: Charities Targeted for Harsher Sanctions

in
Date: 
June 29, 2009

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) has designated nine U.S. charities as supporters of terrorism, seizing all property, blocking all funds and effectively closing all programs. In contrast, the for-profit corporations Halliburton and Chiquita Brands International have only had to pay fines for very similar alleged violations, and their operations have not been interrupted or shut down. There has been no explanation from OFAC.

Interpal Nearing Forced Closure Due to Allegations

in
Date: 
December 9, 2008

Interpal, a UK based nonprofit, is facing being shut down after its bank was told to close its account by a major London clearing bank. Originally set for December 8, the deadline for closing the account has been extended to January 30, 2009.

Another Charity "Closed" by Banks

in
Date: 
January 6, 2009

In the wake of criticism received by Lloyds TSB for closing the account of Interpal, a UK based charity, Barclays bank is discontinuing the account of a predominantly Islamic charity, Ummah Welfare Trust. Muslims across the region are requesting a reversal of the closing and are organizing a boycott if demands are not met.

Treasury Amends Regulations on Legal Services and Payments

in
Date: 
January 6, 2009

 

Effective as of December 2008, the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) has expanded its scope of mandatory licensing affecting legal services available under the Global Terrorism Sanctions Regulations and payment for legal services under the Foreign Terrorist Organizations Sanctions Regulations.

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