M E M O R A N D U M TO: Mara Patermaster, Director, OCFCO FROM: Marshall Strauss, NCFCC Chair DATE: August 18, 2003 RE: Proposed Certification on Terrorist Links As you know, earlier today some members of the National CFC Committee met by conference call to discuss a possible new “anti-terrorism” certification to be required by your office. We used as text the version you provided to me last week. Let me summarize the reactions of those who participated in the call. First, it was agreed that it is important to ask the charities to certify their own activity and their own relationships. Directing federations to certify the activities and relationships of applicant groups would be highly challenging, if not impossible. Second, it was hoped that a certification of this nature place as little new burden on charities as possible. While concern on this topic is appropriate, the capacity of charities, especially charities with small staffs, to monitor all their relationships in the proposed manner is limited. Third, the net you propose casting is fairly wide, involving a certification of relationships to individuals as well as groups, here and overseas. At a minimum, the participants in the call recommended that your office add the word “knowingly” to the early section of the text to reflect a reasonable level of care by the charities seeking to join the CFC. To the extent that your office can in other ways be more precise as to the individuals and groups to be vetted, such would also reduce the burden on the applying charities and federations. Fourth, the group was concerned that the lists to be used by charities be clearly identified and that every assistance be offered so that charities can easily find and use these lists. The group felt it would be especially useful if your office published the lists in question or, at least, published Internet links to these lists. Alternatively, with your help, the National CFC Committee could publish this information on its web site, CFCToday.org. Approaching lists in this manner would, among other considerations, ease the timing difficulties inherent in this exercise: If a charity checks a list too early — before the government entity updates the information — the CFC applicant might not be aware of a match. Finally, participants in the call recognized — and they hope everyone involved in designing and implementing this new certification will also recognize — the inherent limitations of this approach. A group that is engaged in illegal behavior such as terrorism is not likely to be fazed by the additional need to lie on a CFC application. Clearly, there is value in raising the awareness of federations and charities to this important concern, but we all must understand that a certification will only go so far. I hope these concerns and recommendations assist you in the drafting of this certification. The challenge is clearly urgent, and if we can assist further, please do not hesitate to call on the National Committee.