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more on US Patriot Act and Charities
From: David Farber <dave () farber net>
Date: Thu, 13 Jul 2006 18:43:20 -0400
Begin forwarded message: From: ann marie plubell <amplubell () yahoo com> Date: July 13, 2006 11:40:44 AM EDT To: dave () farber net Subject: Re: [IP] US Patriot Act and Charities Dear Dave, Re: US Patriot Act and CharitiesThe writer asked "...If a charity houses its data in the US using a US provider, is it the
fiduciary duty of the charity to inform their donors that they can no longer give a 100% guarantee of confidentiality?"For the list if you like here are some brief, practical thoughts based on my experience advising international NGOs (and non-profits) related to compliance with US economic sanctions laws and policy including the US Patriot Act (and also based on some personal observations.)
Let me offer these guidance points:1) Never provide a 100% guarantee of confidentiality in any storage environment no matter where located.
2) Repeat guidance point #13) Compliance with US economic sanctions laws and protocols applies to any entity (for-profit or non-profit). General rule (limited execptions:) Any money moving from or to (charitable contributions included) a non-profit no matter where located involving a US entity (donor, vendor, service provider, customer, client, etc.) must be examined to determined if it is subject to reporting requirements absent specific licenses or waivers (obtainable through the US Treasury.) US donors will generally move funds using US financial institutions and international clearing houses most of which have also agreed as part of anti-terrorist cooperation agreements to report certain transactions. 4) The current President of the US has asserted Executive Powers which include the power to act to examine personal data without obtaining previously required warrants. Current publicly available information about the application of the asserted powers suggests that points 1 and 2 should be observed.
Best, Ann Marie The Plubell Firm East-West Business Bridge amplubell () yahoo com ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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