more on US Patriot Act and Charities

[David Farber <dave () farber net>]

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 Charities

The 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 #1
3)      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


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