Posted on November 17, 2004

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Islamic Charities and U.S. Government Debate Terrorist Designation

The U.S. Treasury terrorist designation process has sparked a debate between attorneys for several Islamic charities in the United States, who say their clients are being denied normal U.S. legal protections, and government officials, who say that the designations are being carefully managed and reflect the realities of the post-9/11 world, the Washington Post reports.

Three years ago, two dozen FBI agents raided the headquarters of the Illinois-based Global Relief Foundation, the second-largest Islamic charity in the United States. Without a warrant, they removed its records and froze $900,000 in assets. Since then, the charity has become one of three Islamic charities that were forced to close before they were formally declared "specially designated global terrorists" as part of the U.S. government's campaign to starve terrorists of funds. Neither Global Relief nor any of its officials have been charged with a crime, nor have they had a chance to respond to the government's evidence — much of which is classified — linking the group to terrorism.

Under the three-year-old program, nearly four hundred groups and individuals have been designated supporters or financiers of terrorism, meaning they are subject to seizure of assets and prevented from doing business without government permission. A report of the 9/11 Commission published in August, Monograph on Terrorist Financing (155 pages, PDF), noted that the government's treatment of Global Relief and other charities "raises substantial civil liberties concerns," and added that the practice of freezing a charity's assets pending an investigation "is a powerful weapon with potentially dangerous applications when applied to domestic institutions." Because U.S. authorities face obstacles in gathering evidence that is usable in court, the report concluded, the Treasury designations were being based on less substantial "links" to terrorists rather than hard proof of "funding."

Lawyers for the nonprofits complain that there is no legal definition of a "specially designated global terrorist." But Treasury Department spokeswoman Molly Millerwise provided a fact sheet from the State Department's counterterrorism office stating that a global terrorist is anyone determined "to assist in, sponsor, or provide financial, material, or technological support for" anyone engaged in terrorism or designated as a terrorist supporter.

Charity lawyers and their supporters say that definition is so sweeping and vague that it is virtually meaningless. "If the category has no definition, then how would a group who challenges the designation know what it is?" asked Georgetown Law Center professor David Cole, who is involved in a California case. "It's whatever the government says it is."

Ottaway, David. “Groups, U.S. Battle Over 'Global Terrorist' Label.” Washington Post 11/14/04.

Primary Subject: Philanthropy and Voluntarism
Secondary Subject(s): 9/11 Response
Location(s): Illinois, International, National, United States

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