Vol. 1 Issue 1 — December 2008

The Charity and Security Network was launched in November 2008 by charities, grantmakers and advocacy groups to eliminate counterproductive barriers counterterrorism measures create for legitimate charitable, development, human rights and conflict resolution work. To address these problems the CSN will provide:

• public education aimed at bringing attention to this often overlooked problem
• a forum for development of alternative regulatory approaches that reflect the realities and needs of successful nonprofit programs and grantmaking, and
• coordination and support for nonprofit stakeholders to take joint action for reform.

The network is coordinated by OMB Watch, with Kay Guinane acting as program manager. Initial funding has been provided by the Open Society Institute and Cordaid.

To subscribe email Communications/Research Coordinator Suraj Sazawal at ssazawal[at]harityandsecurity.org.

Featured in this newsletter:

1. Recommendations for Improving Security Laws Impacting Charities and Foundations for the Next Administration
2. Recent Court Cases Could Have Big Impact
3. News Updates

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I. Reform Recommendations for Security Laws Impacting Charities and Foundations for the Next Administration

A joint effort by civil liberties, human rights and nonprofit sector organizations coordinated by the Constitution Project has published its Liberty and Security Recommendations for the Next Administration and Congress. See the Charities and Foundations recommendations here.

II. Recent Court Cases Could Have Big Impact

• Holy Land Foundation
  The December conviction of the Holy Land Foundation for Relief and Development (HLF) and five of its leaders came even though the prosecution admitted that all funds went to local charities, called zakat committees, that are not on government watch lists. Attorneys for the defendants said they would appeal. See more details here.

  Exhibits and transcripts from the second HLF trial
  The attorneys for the Holy Land Foundation have released several exhibits and portions of transcripts from the recent trial. The documents contain evidence supporting the defendants' argument that USAID continued to support the same groups, hospitals and programs targeted by the government. See the exhibits here.

   

• KindHearts for Charitable Relief and Development v. Treasury
  In the first decision of its kind, a federal judge issued a temporary restraining order in October barring the Department of the Treasury (Treasury) from designating KindHearts for Charitable Humanitarian Development (KindHearts), a U.S. charity, as a supporter of terrorism without affording the organization basic due process. Treasury shut down the group "pending investigation" in February 2006, but the investigation has never been concluded and the group's assets, including about $1 million, remain frozen. See more details here.

   

   

• Al Haramain Islamic Foundation v. Treasury
  On Nov. 7 Judge Garr King of the United States District Court in Oregon ruled that the Department of Treasury's action in shutting down Al Haramain Islamic Foundation, Inc. in 2004 violated basic due process rights. The judge also ruled that the definition of "material support" of terrorists is constitutionally vague. See more details here.

   

  III. News Updates

  Click on the links to see these stories:

   

  • Preemptive Arrests at RNC Threaten Political Organization
  • 60 Years Later, Universal Declaration of Human Rights Endures
  • American Foundations' International Grants on the Rise
  • Interpal Nearing Forced Closure Due to Allegations
  • 300,000 Sri Lankans Urgently Need Aid; Nonprofit Funds Seized by Government
  • Report Finds U.S. Aid Not Regularly Impartial
  • Nonviolent Activists Placed on Terror Lists
  • More Information Released on the Surveillance on Nonviolent Activists in MD
  • Groups Challenge Con itutionality of New Telecom Immunity Law
  • Treasury Releases 2007 Terrorist Assets Report

  Questions or comments for the Charity and Security Network? Please contact kguinane[at]charityandsecurity.org or ssazawal[at]charityandsecurity.org