Impact on U.S. Nonprofits

Background: Excerpts from January 2010 Speech by Daniel Benjamin, State Department Coordinator for Counterterrorism

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Date: 
February 10, 2010

On Jan. 13, 2010, Daniel Benjamin, the State Department Coordinator for Counterterrorism, delivered the keynote address at a CATO Institute event, The Obama Administration's Counterterrorism Policy at One Year. He spoke about several elements of the President’s counterterrorism strategy, the attempted Christmas Day bombing and terrorist recruitment techniques here and abroad. During his speech, and in the question and answer period that followed, he also shared his thoughts about the "radicalization" process and issues U.S. nonprofits have been wrestling with since 9/11, including the negative impact of anti-terror financing laws. Here are excerpts from his remarks (emphasis added): 

Excerpts from January 2010 Speech by Daniel Benjamin, State Department Coordinator for Counterterrorism

in
Date: 
February 12, 2010

On Jan. 13, 2010, Daniel Benjamin, the State Department Coordinator for Counterterrorism, delivered the keynote address at a CATO Institute event, The Obama Administration's Counterterrorism Policy at One Year. He spoke about several elements of the President’s counterterrorism strategy, the attempted Christmas Day bombing and terrorist recruitment techniques here and abroad. During his speech, and in the question and answer period that followed, he also shared his thoughts about the "radicalization" process and issues U.S. nonprofits have been wrestling with since 9/11, including the negative impact of anti-terror financing laws. Here are excerpts from his remarks addressing (emphasis added):

Report: Guide to Nongovernmental Organizations for the Military

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Date: 
February 1, 2010

Hours after the devastating January 2010 earthquake in Haiti, both the U.S. military and American and international NGO community were en route to the island country with urgently needed food, water and medical supplies. The crisis in Haiti serves as an example of how disaster relief missions often bring military and NGOs actors together. To improve cooperation with NGOs working in humanitarian relief operations and to establish “social, economic, and political domestic order in the short-term, and in the longer term… conditions for a sustainable peace,” the Department of Defense published the Guide to Nongovernmental Organizations for the Military: A primer for the military about private, voluntary, and nongovernmental organizations operating in humanitarian emergencies globally (Guide) in July 2009. 

Power Point of Proposed Policy Reforms

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This power point reviews the Charity and Security Networks' proposed model policies for national security laws applied to charities, aid, development and other nonprofit organizations.  To view it, click on the file attachment below. It will make a download box in the lower left corner of your screen. Click on it to open.

Study: Anti-Terror Lessons of Muslim-Americans

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Date: 
January 15, 2010

“Religiously conservative Muslim-Americans are just as vehement in denouncing violence,” says a January 2010 research project finding “Muslim-American communities strongly reject radical jihadi ideology.” Analyzing the scope of terrorist violence by Muslim-Americans since 9/11 and the campaign of “positive steps that help prevent radicalization within their communities,” a trio of North Carolina state professors concluded the number of radicalized Muslim-Americans in the United States remains small. The authors recommend the government augment the activities already taking place in Muslim-American communities that reduce the threat of domestic terrorists.

Looking Ahead to 2010

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Date: 
December 31, 2009
Author: 
Kay Guinane and Suraj K. Sazawal

The Charity and Security Network was launched in November 2008 by charities, faith-based organizations, grantmakers and advocacy groups to eliminate unnecessary and counterproductive barriers to legitimate charitable work found in current counterterrorism measures.  After our first year of operation we are encouraged by signs that the new administration, Congress and the courts recognize the need for fair and reasonable long term rules in this area.  Our 2009 highlights are below.
 

Report: Stronger Partnerships Prevent Terrorism

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Date: 
December 14, 2009

A January 2009 report by the Center on Global Counterterrorism Cooperation (CGCC) calls on President Barack Obama to develop “more effective counterterrorism measures that protect the United States and promote and protect human rights.” Building Stronger Partnerships to Prevent Terrorism: Recommendations to President Obama outlines 12 steps that the President should take to help reframe the counterterrorism discourse, encourage multilateralism, and build capacities with nonprofits and the private sector around the world. 

Court Orders Author to Return CAIR Documents, Civic Participation Efforts Generate Fearful Response

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Date: 
November 24, 2009

On Nov. 19, 2009, the United States District Court for the District of Columbia ordered the author of a book about American Muslims groups to return all of the materials his son removed from the Council on American Islamic Relations (CAIR) office while working there as an intern. Judge Colleen Kollar-Kotelly’s 3 page order requires the return of over 12,000 pages of documents, lists about employees and donors, and audio and video recordings. The documents revealed details of CAIR's plans for participating in public policy debates and encourage Muslims to pursue careers in government. These materials led some members of Congress to accuse of group of spying, but House Judiciary Chair John Conyers (D-MI) issued a statement support the right "to participate in our political process, including by volunteering to work in Congressional offices." 

Asset Forfeiture Case Filed Against Alavi Foundation, Grantees Not Accused

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Date: 
November 16, 2009

Updated Nov. 19, 2009 Citing a provision of the same law used to shut down U.S. charities accused of supporting terrorism, the U.S. Attorney for the Southern District of New York filed an action in federal court on Nov. 12, 2009 seeking forfeiture of more than $500 million in assets of the New York based Alavi Foundation, alleging it is a front for the Iranian government. The property in dispute includes land and buildings that house religious congregations, schools and community programs. However, no action is being taken against these local groups. The action against Alavi, which could result in transfer of title to its assets to the U.S. government, differs from shut down of charities of "blocking" or freezing funds indefinitely.

Supreme Court to Consider Whether Definition of Prohibited Material Support Too Vague

in
Date: 
October 1, 2009

On Sept. 30, 2009 the Supreme Court agreed to consider whether several key terms in the definition of prohibited material support of terrorism are unconstitutionally vague. The case, Holder v. Humanitarian Law Project (HLP) will have a one hour oral argument scheduled for the winter of 2010 and a decision is expected by June. Although a decision requiring more specific definitions would greatly benefit many charitable operations, which can be constrained by uncertainty over what the law does or does not allow, the case will not result in a humanitarian exemption to the law. That issue is not before the court. Congress, however, is in a position to address it.

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