Future postings will feature potential financial resources for international nongovernmental and nonprofit organizations.
The Patriot Act
The September 11, 2001 terrorist attacks on the United States resulted in new laws under which U.S. grant making nonprofits risk criminal prosecution, civil penalties and the freezing of their assets if they are found to have made grants to foreign or domestic individuals or organizations that engage in or support terrorism. In this article, Los Angeles attorney and PGDC Editorial Board member Jane Peebles describes these measures and provides resources for complying with the law.
http://www.pgdc.com/mlnj/item/?itemID=362194
The U.S. Department of the Treasury Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-Based Charities - These Guidelines are designed to assist charities that attempt in good faith to protect themselves from terrorist abuse and are not intended to address the problem of organizations that use the cover of charitable work, whether real or perceived, to provide support to terrorist groups or fronts operating on behalf of terrorist groups. Non-adherence to these Guidelines, in and of itself, does not constitute a violation of existing U.S. law. Conversely, adherence to these Guidelines does not excuse any person (individual or entity) from compliance with any local, state, or federal law or regulation, nor does it release any person from or constitute a legal defense against any civil or criminal liability for violating any such law or regulation. In particular, adherence to these Guidelines shall not be construed to preclude any criminal charge, civil fine, or other action by Treasury or the Department of Justice against persons who engage in prohibited transactions with persons designated pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, as amended, or with those that are designated under the criteria defining prohibited persons in the relevant Executive orders issued pursuant to statute, such as the International Emergency Economic Powers Act, as amended.
http://www.ustreas.gov/press/releases/reports/0929%20finalrevised.pdf
And International Grantmaking Basics: Anti-Terrorism Issues
http://www.usig.org/basics/anti-terrorism.asp
What You Need to Know About International Sanctions is an Executive Order from President George W. Bush: “I, GEORGE W. BUSH, President of the United States of America, find that grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, Pennsylvania, and the Pentagon committed on September 11, 2001, acts recognized and condemned in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October 19, 1999, and the continuing and immediate threat of further attacks on United States nationals or the United States constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and in furtherance of my proclamation of September 14, 2001, Declaration of National Emergency by Reason of Certain Terrorist Attacks, hereby declare a national emergency to deal with that threat. I also find that because of the pervasiveness and expansiveness of the financial foundation of foreign terrorists, financial sanctions may be appropriate for those foreign persons that support or otherwise associate with these foreign terrorists. I also find that a need exists for further consultation and cooperation with, and sharing of information by, United States and foreign financial institutions as an additional tool to enable the United States to combat the financing of terrorism.”
http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf
The U.S. Treasury Department publishes a list of Specially Designated Nationals and Blocked Persons at their web site which is reasonably kept up to date. The master SDN List is an integrated listing of designated parties with whom U.S. persons are prohibited from providing services or conducting transactions and whose assets are blocked. There are several ways to perform a search.
http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf
The U.S. Internal Revenue Service (IRS) publishes a list of tax exempt organizations that have had that designation revoked. Accordingly, the organizations no longer qualify to receive tax-deductible contributions under Code section 170(c)(2). That list can also include organizations that the U.S. has declared a terrorist organization.
http://www.irs.gov/charities/charitable/article/0,,id=141466,00.html and
http://www.independentsector.org/programs/gr/terroristorg.html
The Independent Sector has been a leader in approaching the U.S. Congress on Regulation of International Charitable Activities Treasury Guidelines for International Charitable Activity for review of many of the policies and procedures.. http://www.independentsector.org/programs/gr/international.html
The Handbook for USA International Funders - USA Patriot Act Commentary: This Handbook from the Council on Foundations depicts the state of the law with respect to counter-terrorism measures and U.S. nonprofits and grantmakers as of March 15, 2004. This is a fast-developing area of the law, and readers are advised to consult qualified legal counsel regarding possible subsequent changes or additional issues relevant to their particular situations.
http://www.cof.org/files/Documents/Publications/2004/CounterTerrorismHandbook.pdf
The Council on Foundations (COF) has a number of articles about foundations funding international nonprofits. Here is information from one of the articles
“U.S. private foundations are increasingly involved in international grantmaking. One way for a private foundation to give overseas is to make grants directly to foreign charities. Many U.S. private foundations, however, may want to consider giving overseas indirectly through a "Friends of" organization. In the aftermath of the terrorist attacks of September 11, 2001, and the heightened focus on the fact that overseas grantmaking, like all cross-border transactions, may potentially be diverted for terrorism and money laundering, giving through a "Friends of" organization is an increasingly attractive option.”
http://www.cof.org/Council/content.cfm?itemNumber=2033
COF and the European Foundation Centre worked cooperatively to publish the Principles of Accountability for International Philanthropy. This document does not address terrorism but does provide principles that foundations and others may be using in the decision-making process for funding you.
http://www.cof.org/files/Documents/International_Programs/2007Publications/PrinciplesAccountability.pdf
Safeguarding Charity in the War On Terror Transcript Released: The Center for Public and Nonprofit Leadership at Georgetown University has released a transcript of its recent panel discussion on the impact of the Patriot Act and Order 13224 on the funding and practices of nonprofits.
http://cpnl.georgetown.edu/doc_pool/Charity061405.pdf
An interview with the founder of Global Greengrants Fund and reactions to the USA Patriot Act http://www.foundationnews.org/CME/article.cfm?ID=2903
Here are several charitable organizations’ tax exemption that have been suspended under Internal Revenue Code Section 501(p). Contributions to this organization during its 501(p) suspension are not deductible. The organizations have been designated by the U.S. Treasury Department's Office of Foreign Assets Control as supporting or engaging in terrorist activity. All financial transactions with these organizations by residents of the United States, or within the borders of the United States, are prohibited.
BENEVOLENCE INTERNATIONAL FOUNDATION
9838 S ROBERTS RD STE 1 W PALOS HILLS, IL 60465
GLOBAL RELIEF FOUNDATION INC
PO Box 1406 Bridgeview, IL 60455
Source: GuideStar - http://www.guidestar.org/
Here is one corporate foundation that is active in international funding that specifically refers to the Patriot Act in its grant information:
Alcoa, Alcoa Foundation, other charitable foundations and other entities that make charitable contributions or donations are now subjected to an array of US based laws designed to prevent the funding of terrorist organizations. Although most of these laws existed in one form or another prior to September 11, 2001, new laws and Presidential Executive Orders since the terrorist attacks have been amended or supplemented the older laws in ways that must be adhered to by charitable foundations, and organizations like Alcoa that are active in USA and international philanthropy.
All Nonprofits/NGOs applying for funding will be asked to complete the Anti-Terrorism/Patriot Act Compliance information as a part of the on-line grantmaking process.
Based on the past several years, the average grant size from Alcoa ranged between $10,000 and $50,000.
I found no deadlines. I would suggest following all the guidance and not worry about a deadline until you have a personal contact.
http://www.alcoa.com/global/en/community/info_page/guidelines.asp
http://www.alcoa.com/global/en/community/info_page/Request_grant_community-based.asp
Other Terrorist Lists
Specifically Designated Nationals Lists maintained by the U.S. Treasury Department’s Officeof Foreign Assets Control - http://www.ustreas.gov/offices/enforcement/ofac/sdn
The U.S. Government’s Terrorist Exclusion List maintained by the U.S. Department ofJustice – http://www.state.gov/s/ct/rls/fs/2002/15222.htm
The list promulgated by the United Nations pursuant to U.N. Security Council Resolutions1267 and 1390 - http://www.un.org/Docs/sc/committees/1267/pdflist.pdf
The list promulgated by the European Union pursuant to EU Regulation 2580 –http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_340/l_34020031224en00630064.pdf
If you have other links that offer additional and timely information about the Patriots Act please let me know. Thank you.
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1 comments:
From a local country NGO perspective:
http://www.fundsforngos.org/2009/03/usa-patriot-act-and-ngos.html
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