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Financial Services Deplatforming Hurts Aid, Peacebuilding

Increasingly, financial service companies and online payment platforms are bowing to pressure from outside groups to “deplatform” or cancel the accounts of nonprofit organizations (NPOs) and human rights defenders working in global hot spots. This affects humanitarian aid, peacebuilding, development and human rights programs. Organizations with a self-professed political agenda are manufacturing and using disinformation to pressure financial service companies and payment platforms to end their relationships with these

2019-08-19T06:02:15-04:00August 19th, 2019|Deplatforming, Issue Briefs|

Local and International Criticism for Egypt’s Draft NGO law

While criticism continues over the the verdicts in the NGO trial, Egypt’s draft NGO law has provoked a significant local and international uproar. The Cairo Institute for Human Rights (with over 40 other local rights organizations), Human Rights Watch, and Navy Pillay, the UN High Commissioner for Human Rights, are among the many who have spoken out against the law. The State Department also issued a statement expressing its concern over the law,

2019-08-09T07:09:39-04:00August 9th, 2019|Archive|

Exempt Peacebuilding Activities from Material Support Law: Faith leaders to Sec Clinton

On Nov. 29, 2012, a group of faith leaders wrote to the Secretary of State asking her to exempt peacebuilding activities from the prohibition on material support of terrorism, thus putting the good works of civil society groups “back in the peacebuilding toolbox.”  Provisions found in current U.S. law prohibit these efforts, and Secretary of State Hillary Clinton has the authority to waive the prohibition for activities that would permit specific types

2019-07-22T17:39:25-04:00July 22nd, 2019|Archive|

Special Rapporteur: UN Terrorist Listing Regime Lacks Due Process Guarantees

The United Nations’ Security Council targeted sanctions regime “continues to fall short of international minimum standards of due process,” a UN expert said on Nov. 2, 2012.  In a report critical of the UN 1267 Sanctions Regime (1267), which dictates the sanctions for members and supporters of terrorism, UN Special Rapporteur Ben Emmerson identified several key deficiencies in the listing and de-listing process.  He recommends that the Security Council introduce a

2019-07-22T16:17:27-04:00July 22nd, 2019|News|

Senator Kirk Pushes for Implementation of Problematic USAID Vetting System

Ignoring a June 2010 House Report that calls for USAID consultation with the charitable sector before implementing its much-criticized Partner Vetting System (PVS), Sen. Mark Kirk (R-IL) pressed USAID Administrator Rajiv Shahabout why the program has not been implemented during an April 12, 2011 hearing before the Senate Appropriations Subcommittee on State-Foreign Operations.   The questions renewed concerns about PVS, which would require USAID grantees to collect detailed personal information about foreign partners and staff, to

2019-07-22T16:56:39-04:00July 22nd, 2019|Archive|

USAID Announces its Partner Vetting System

USAID has released a notice of its proposed "Partner Vetting System" (PVS) for nonprofit and charitable groups. This policy creates unnecessary and potentially dangerous barriers for humanitarian groups from providing relief in global hot spots. Its final implementation will be determined by members of the Obama administration. Highlights from the proposed PVS include: "USAID does not believe that it should wait for hard proof that our funds are actually flowing

2019-07-22T10:36:13-04:00July 22nd, 2019|Archive|

Designated Terrorist Lists

The primary prohibition on material support of terrorism is in the Anti-Terrorism and Effective Death Penalty Act (AEDPA), which prohibits material support to Foreign Terrorist Organizations (FTOs) designated by the Secretary of State. In addition to the FTO list, the material support prohibition also applies to a broader list of terrorist entities and individuals designated by the Department of Treasury under sanctions laws, primarily the International Emergency Economic Powers

2019-07-19T11:05:45-04:00July 19th, 2019|Material Support|

Material Support Definitions

Material support is defined somewhat differently in different contexts, making it difficult for nonprofit organizations to navigate the prohibition when working in areas controlled by or in proximity to listed terrorist groups. The primary definition is found in the Anti-Terrorism and Effective Death Penalty Act (AEDPA): Material support: Any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or

2019-07-19T10:57:33-04:00July 19th, 2019|Material Support|

July 29 Webinar: Due Process? The State of U.S. Treasury Terrorist Listing Procedures

Due Process? The State of U.S. Treasury’s Terrorist Listing Procedures Monday July 29 at 2 pm EDT View the Recording View Webinar Slides by Kay Guinane View Webinar Slides by Hina Shamsi View Webinar Slides by Alan Kabat 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

2019-08-19T07:24:11-04:00July 18th, 2019|Listing and Delisting|

Can Your Organization Survive an IRS Audit?

Is your organization taking steps to avoid the possibility of an IRS audit? If your organization is chosen for an audit, do you know what to do to ensure that the process goes as smoothly and quickly as possible? In the current political environment, it pays to be prepared. Audits can consume vast resources and imperil a nonprofit organization's ability to function through the process. There are some practical things

2019-07-22T10:32:30-04:00July 18th, 2019|IRS Audit Process, Know Your Rights|
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