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Due Process? The State of U.S. Treasury’s Terrorist Listing Procedures
Monday July 29 at 2 pm EDT
Featured legal experts
Alan Kabat, Partner, Bernabei & Kabat
Hina Shamsi, Director, ACLU National Security Program
After 9/11, passage of the PATRIOT Act and issuance of Executive Order 13224, the U.S. Treasury Department listed nine U.S. charities as supporters of terrorism. This shut them down by freezing funds, seizing property and records and making it illegal for any U.S. person to engage in transactions with them without a license from the Office of Foreign Assets Control.
Appeal rights are limited, but in 2009 and 2011, in two different cases, federal courts ruled that the process Treasury used for listing charities was unconstitutional, violating due process and search and seizure rights. Although Treasury did not change its procedures after these cases, it also has not shut down a U.S. charity since early 2009. However, Islamaphobic groups continually call on Treasury to shut down charities.
This webinar will review the current state of the law on terrorist designations, how U.S. charities may be impacted and how the appeal process works.
Bank derisking, one of the most significant threats to non-profit organizations (NPOs) and non-governmental organizations (NGOs), just got a publicity boost by none other than Queen Máxima of the Netherlands, who also serves as the United Nations Secretary-General's Special Advocate for Inclusive Finance for Development (UNSGSA). The queen, in her latter capacity, opened the 26th Egmont Group Plenary on July 4, 2019 by speaking about the need to address financial access problems NPOs are facing, calling for collaboration to address financial exclusion for individuals and organizations alike. In particular, the queen spoke about the derisking of NPOs, which “is critical at a time when populations in need of humanitarian assistance are growing.”
In Safeguarding Humanitarian Access in Sanctions Regimes Alice Debarre of the International Peace Institute argues that although sanctions regimes are used with the assumption that they minimize harm, they actually can devastate civilian populations, particularly those that rely on humanitarian aid, including refugees and internally displaced persons. Sanctions regimes also affect humanitarian organizations’ ability to deliver aid on the basis of need alone and not be directed by the political objectives of sanctions programs.