Designation Process

Terrorist Listings and Due Process

Analysis Rule Allows Charities Listed as Terrorist Supporters to Access, Pay Lawyers in Most Cases  Additional Resources ACLU: Briefing Paper on the "Specially-Designated Global Terrorist" Designation Scheme and its Consitutional Flaws ACLU: Briefing Paper on "Foreign Terrorist Organization" Designation Scheme  Government Watchlists and Databases Overview March 13, 2012 Headlines & Opinion The Need to Update Tresury's Terrorist Listing and Delisting

2019-07-19T05:51:24-04:00July 17th, 2019|Designation Process|

Mind the Gap: When It Comes To Nonprofits the Tax Code and Sanctions Regime Are In Conflict

External Link: When U.S. sanctions laws are applied to U.S. charities, funds can be frozen indefinitely, despite tax rules that require they be distributed for charitable purposes when a charity shuts down. In the Oct. 10, 2016 issue of Tax Notes, attorneys Cherie L. Evans of Evans & Rosen LLP and Kay Guinane, Director of the Charity & Security Network, explain how the “Gap Between Tax and Sanctions Law Blocks

2019-07-19T09:20:08-04:00February 23rd, 2017|Analysis, Designation Process, Due Process|

Government Watchlists and Databases Overview

Headlines & Opinion The Need to Update Tresury's Terrorist Listing and Delisting Procedures If All You Have is a Hammer, Everything Looks Like a Nail (Nigeria/Boko Haram) World-Check: The Dangers of Privatizing Terrorist Lists U.S. Terrorist Watchlists: More Problem than Solution Resources List of Charities Designated, Shut Down, or Both, by Treasury Department  State Dept.'s List of Foreign Terrorist Organizations (FTOs)

2019-07-17T09:05:30-04:00March 13th, 2012|Designation Process|

List of U.S. charities designated and/or shut down by Treasury

The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorists (SDGT) (or freeze assets "pending investigation") is based on laws providing for economic sanctions against foreign nations, going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act. In 1977 Congress amended the Trading With the Enemy Act by passing the International Emergency

2019-07-18T17:36:15-04:00January 26th, 2012|Designation Process|

Government Tells Judges Giving Reasons for Shutting Down Charities “Too Burdensome”

On March 9, 2011 the Ninth Circuit Court of Appeals heard oral arguments in Al Harmain v. Treasury, a constitutional challenge to the Treasury Department's (Treasury) process for shutting down charities.  During the proceedings an attorney for the government told the court  that providing the reasons for putting charities and others on terrorist lists would be “extremely burdensome.” Al-Haramain Islamic Foundation of Oregon (AHIF) was shut down by Treasury in 2004. In

2019-07-10T11:17:45-04:00March 15th, 2011|Designation Process, News|

Model Policies for Fair Procedures for Listing and Delisting U.S. Charities

After summarizing current law on how U.S. charities may be shut down for supporting terrorism and citing problems with the lack of due process for charities to defend themselves, this article presents the rationale for a new approach and specific reforms that can bring the system into compliance with constitutional standards. Summary of Current Law To designate an organization, the United States government (USG) only needs to have a

Summary of Economic Sanctions Laws and Regulations Authorizing Treasury to Shut Down Charities

The legal authority for the Department of Treasury to designate a person or organization as a Specially Designated Global Terrorist (SDGT) or freeze assets "pending investigation" is based on laws providing for economic sanctions against foreign nations, going back to the Trading With the Enemy Act in 1917 and ending with the Patriot Act. Note: Page numbers cited refer to text of the court's Aug. 18, 2009 opinion in KindHearts for Charitable and