Charity & Security Network is tracking the following bills during the 115th Congress:
A wealth of background information is available in this section, organized by topics such as humanitarian access, financial access and remittances, grantmaking, countering violent extremism and more.
The Charity and Security Network has created a number of abstracts of reports and studies relevant to our membership, with links to the original reports. Here you will find a list of these abstracts, organized by topic, including counterterrorism, financial access and remittances, humanitarian aid, material support and more.
You can also go directly to the most recent reports and studies.
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.
The Financial Action Task Force (FATF) is an intergovernmental policy-making body that sets anti-terrorist financing and anti-money laundering standards. These standards are used to assess the adequacy of laws and regulations in nearly every country in the world. Since 9/11, FATF has increased its focus on regulation of financial services and charities. In doing so, it created Recommendation 8 (R8) on laws relating to non-profit organizations. This measure has created negative consequences for charitable and development programs, and has impacted civil society operations and access to financial resources to support nonprofit work. Although FATF has taken positive steps since 2012 to prevent abuse or misapplication of its program, more needs to be done to ensure that anti-terrorist financing laws cut the flow of money to terrorists, not to civil society. CSOs must pay close attention to the workings of FATF to prevent new laws that impede their work.
Fact Sheet - FATF: What Nonprofits Need to Know
Global NPO Coalition on FATF
Since 2012, the Transnational NPO Working Group on FATF has helped civil society raise its voicewith FATF at the national level. It has coordinated responses to draft revisions of FATF's Best Practices Paper and Typology Report, as well as working to develop a formal consultation process with FATF. More recently, it has worked for changes in R8 and its accompanying Interpretive Note (see p. 54).
The Global Coalition also facilitates the Civil Society-FATF Platform. This helpful resource contains news, background and other information about FATF to ensure that civil society is effectively engaged in the Working Group's activities.
- Nonprofit Organizations No Longer 'Particularly Vulnerable,' Says FATF
- FATF Updates Evaluation Criteria to Match Revised Recommendation 8
- FATF Releases New Evaluation of US
- FATF Best Practices Paper Revision is a Victory for NPO Sector
- FATF Agrees to Formal Consultation Process
- Barriers to Cross-Border Nonprofit Operations and the Role of the Financial Action Task Force
- A Section-by-Section Summary of the 2015 BPP
- FATF Releases Guidance for Complying With UN's Targeted Sanctions Regime
Links to Key FATF Documents
- FATF Guidance: Anti-Money Laundering and Terrorist Financing Measuresand Financial Inclusion with a Supplement on Customer Due Diligence (Updated November 2017)
- FATF Methodology for Assessing Technical Compliance with the FATF Recommendations and the Effectiveness of AML/CFT Systems (Updated October 2016)
- FATF Guidance on Correspondent Banking Services (October 2016)
- FATF Recommendations & Interpretive Notes (Updated June 2016)
- Consolidated FATF Strategy on Combatting Terrorist Financing (February 2016)
- FATF Clarifies Risk-Based Approach: Case-by-Case, Not Wholesale De-risking (October 2014)
- FATF Typology Report: Risk of Terrorist Abuse in Non-Profit Organisations (June 2014)
A new report by the Charity & Security Network Safeguarding Humanitarianism in Armed Conflict examines how the international humanitarian obligations of the U.S. conflict with domestic counterterrorism measures when applied to charities seeking to aid civilians in areas of armed conflict.
“Safeguarding Humanitarianism in Armed Conflict is a comprehensive study of the corrosive effect of counterterrorism measures on humanitarian action. It drives home the point that over-reaction is the very thing that makes terrorism succeed."
- Congressional Effort to Exclude IRW from USG Funding Defeated
- UN OCHA and the NRC: Counterterrorism Measures Stifle Humanitarian Action
- Obama Announces Expanded Initiative to Support, Protect Civil Society
- Constitutional Principles and the Charity & Security Network
- Foreign Agents Registration Act, Proposed Amendments and Protecting Nonprofit Organizations
- Impact of Counterterror Measures on Charities and Donors After 9/11 (printable handout)
- Impact of the Material Support Prohibition on Peacebuilding (printable handout)
- List of Charities Designated, Shut Down, or Both, by Treasury Department
- What Happens to a Charity After an FBI Raid
- OMB WATCH: Collateral Damage: How the War on Terror Hurts Charities, Foundations and the People they Serve
- Summary and Analysis: President Obama's September 2014 Civil Society Memorandum and Initiatives
- Selective Enforcement: Charities Targeted for Harsher Sanctions
- Examples of Negative Impact of U.S. Counterterrorism Laws on Charities and Philanthropy
This section provides overview and analysis of the major cases on counterterrorism law affecting humanitarian aid and peacebuilding organizations. Here you will find a list of cases with links to summaries and analyses.
- Government Wins Ruling in Fight Over Holy Land Foundation Funds
- Review of Legislative History Shows Treasury's Position on Frozen Charitable Funds Without Basis
- Foreign Legal Challenges to "Terrorist" Designation Prove Successful
- Chart: How Many Children Could be Helped if Frozen Charitable Funds Were Released?
- Charity and Security Network 2008 Reform Proposals
- Principles and Procedures for Release of Frozen Funds for Charitable Purposes
- Legal Authority and Process of Office of Foreign Assets Control to Release Frozen Charitable Funds
- Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities