Designating Non-Profits As Terrorist Organizations Without Due Process Undermines Security And Humanitarian Aid, Say Groups

Grantmakers Without Borders, OMB Watch, the American-Arab Anti-Discrimination Committee and several other organizations made this argument in a friend-of-the-court brief filed in support of due process rights for KindHearts for Charitable Humanitarian Development, Inc. in a case brought by the American Civil Liberties Union, the ACLU of Ohio and several civil rights lawyers.

"These absolute powers ultimately hurt those most in need of food, shelter, medicine, economic development and other assistance," said Kay Guinane, an expert on the impact of national security measures on non-profits and a signatory to the brief. "Furthermore, the idea that any charity can be closed indefinitely with no finding of wrongdoing or procedure to defend itself is contrary to fundamental values of fairness in a democratic society."

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) froze KindHearts' funds and operations three years ago without notice or a hearing, based simply on the assertion that the charity was "under investigation." OFAC then threatened to designate KindHearts as a "specially designated global terrorist" based on classified evidence, again without providing it with a reason or meaningful opportunity to defend itself.

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