Bi-weekly News & Opinion - February 29, 2024

C&SN Opportunity Spotlight

Consider registering as a C&SN Member (no financial commitment required) to receive our weekly Opportunity Spotlight Newsletter. There we share exclusive opportunities for civil society input, webinars, events, and working groups on key issue areas such as sanctions, material support, financial access, lawfare, and more.

Outcomes FATF Plenary, 21-23 February 2024

Following amendments made to FATF Recommendation 8 in Oct. 2023 which helped address the damaging impacts of FATF regulation on the nonprofit sector, the FATF has now formalized changes to its assessment methodology for the next round of mutual evaluations. Read more at FATF. (Feb. 24)

Snapshot of Deprivation of Humanitarian Aid in the Gaza Strip

This briefing note provides an overview of the most recent access challenges faced by INGOs when providing aid to Palestinians in the Gaza Strip. It is based on a survey conducted in February 2024 by members of the Association of International Development Agencies (AIDA), the INGO coordination forum in the occupied Palestinian territory. Download the document at AIDA. (Feb. 20)

U.S. Designates the Houthis a Terror Group

The U.S. State Department announced in January that the Houthis would be redesignated as Specially Designated Global Terrorist (SDGT) group following attacks in the Red Sea. On Feb. 16, the designation was formally enacted, with the delay meant to provide humanitarian aid groups time to strategize how to continue to deliver aid to populations in need living under Houthi control. Michael Crowley reports for The Seattle Times. (Feb. 16)

India’s Civil Society Is Under Attack

The licenses of nearly 17,000 nonprofits in India have been canceled under the controversial Foreign Contribution Regulation Act. Read more at The Economist. (Feb. 21)

Counter-Terrorism Legislations, Policies Impacting Human Rights, Civic Freedoms in Nigeria

“Some of our studies have also established how well-intentioned international norms built on the rhetoric of countering terrorism and defending national security can sometimes generate unintended consequences in national contexts,’’ said Victoria Ibezim-Ohaeri, the executive director of Space for Change, a Lagos-based nonprofit. Read more at Per Second News. (Feb. 20)

Crackdown on Civil Society in Asia Is Deepening

Kyrgyzstan adds to the list of countries in Asia where civil society organizations are being constrained by authoritarian regimes, pandemic-related laws, and a widespread trend of democratic decline. Helen Murphy reports for Devex. (Feb. 14)

Rethinking Risk: Reducing Harm to Nonprofits in the Push to Counter Terrorism Financing

After years of frustrated attempts to raise the alarm over the detrimental side effects of the FATF’s power on the nonprofit sector, civil society advocates are now exploring whether a more revolutionary approach is necessary. Lia van Broekhoven, Sangeeta Goswami, Floor Knoote, and Thalia Malmber write at Just Security. (Feb. 28)

Palestinians Need a Reimagined Payments System to Rebuild their Economy

A better financial architecture is needed in the Palestinian territories to facilitate the movement of money for the needs of Palestinians, while preventing siphoning to terrorist groups such as Hamas and other illicit actors. Ananya Kumar writes at Atlantic Council. (Feb. 28)

What is Correspondent Banking? Exploring Swift, AML, FATF, and the Wolfsberg Principles

Madhvi Mavadiya writes that cross border payments are still not as efficient as they should be, meaning international trade is still not real-time, and those financially excluded can only benefit from instant payments by using correspondent banking networks. Read more at Finextra. (Feb. 27)

Nonprofits Operating Abroad: Five Key Compliance Strategies

Attorneys at Venable LLP provide practical tips to help U.S.-based nonprofits develop risk-based and dynamic precautions for managing sanctions and anti-money laundering and countering the finance of terrorism compliance obligations while implementing activities abroad. Read more at Lexology. (Feb. 26)

Lawmakers Call Out Major U.S. Banks For Discrimination

“Banks don’t get a free pass to discriminate against Muslim Americans and other minority groups in the name of preventing suspicious banking activity,” said Senator Elizabeth. “I am concerned that big banks are engaging in practices that harm consumers and undermine financial access ― and I’m seeking answers to make sure they are held accountable.” Rowaida Abdelaziz reports for HuffPost. (Feb. 22)

Gaza Genocide Case: Has Israel Complied with ICJ Orders?

Since the International Court of Justice (ICJ) order for Israel to increase provision of basic services and humanitarian aid to Gaza, top UN aid officials say the amount of assistance entering Gaza has actually decreased as young children have reportedly begun to die of hunger in the enclave amid Israel’s ongoing military campaign. Eric Reidy reports for The New Humanitarian. (Feb. 26)

Israel Is Denying Visas to Aid Groups Working with Palestinians in West Bank, Gaza

Faris Arouri, director of the Association of International Development Agencies, an umbrella group of humanitarian nonprofits, said those barred include country directors and emergency response teams, as well as senior management and other expatriates working in the West Bank or coordinating matters inside Gaza. Read more at Alarabiya. (Feb. 25)

The ADL Wants to Conflate Critiques of Israel with Antisemitism. That Won’t Make Jews Safer.

The Anti-Defamation League (ADL) said it now classifies pro-Palestinian demonstrations as antisemitic incidents if they feature not just ​“antisemitic rhetoric” or ​“expressions of support for terrorism against the state of Israel” but expressions of anti-Zionism as well. Samuel Hoadley-Brill reports for In These Times. (Feb. 26)

US Anti-Terror Law Has Stigmatized Palestinians as “Terrorists” Since 1969

A foreign policy that denies Palestinian humanity is foundational to decades of U.S. anti-terrorism law and is once again being weaponized by the Israel lobby against nonviolent antiwar and Palestine liberation activists across the U.S., according to the Center for Constitutional Rights. Mike Ludwig reports for Truthout. (Feb. 23)

West African Bloc Lifts Sanctions on Junta-led Niger

Citing humanitarian reasons, ECOWAS - an economic bloc of West African nations - lifted sanctions imposed on Niger on Feb. 23 which had been placed on the military junta following the military coup last year. The sanctions included border closures, the freezing of central bank and state assets, and the suspension of commercial transactions - all of which exacerbated humanitarian crises. Felix Onuah reports for Reuters. (Feb. 26)

The U.S. Broadens and Clarifies Sanctions Regulations for Humanitarian Work in North Korea

On Feb. 15, the U.S. Treasury Office of Foreign Asset Control (OFAC) published revisions to the U.S. North Korea Sanctions Regulations (“NKSR”, 31 CFR Part 510) meant to assist humanitarian organizations, nonprofits, and news media navigate sanctions exemptions. T. James Min II provides analysis at Rimon Law. (Feb. 16)