Anti-Terrorism/Money Laundring Update

January 2020 Charity & NFP Law Update

Terrance S. Carter, Nancy E. Claridge and Sean S. Carter

US Global Fragility Act of 2019

On December 20, 2019, the US Global Fragility Act of 2019 (the “GFA”) was signed into law as part of the US budget bill, Further Consolidated Appropriations Act, 2020, establishing for the first time a comprehensive approach to the US’ diplomatic, development and security efforts, involving all relevant Federal departments and agencies in coordination with relevant international and multilateral development and donor organizations, to address the root causes of violence and instability around the world. The GFA requires the President of the US, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development (“USAID”) and other high-ranking officials, to establish and implement a 10-year Global Fragility Strategy to help stabilize conflict-affected areas and lead international efforts to prevent extremism and violence. The President will also be required to select certain countries as “priority countries” for the purposes of implementing the Global Fragility Strategy and report to Congress every two years. The GFA will also replace the Relief and Recovery Fund with a new Prevention and Stabilization Fund to support stabilization of areas affected by armed conflict, and establishes the Complex Crises Fund to support programs and activities to prevent or respond to emerging or unforeseen events overseas.

EU Renews its Terrorist List

On January 13, 2020, the Council of the European Union renewed its EU terrorist list, which sets out persons, groups and entities subject to restrictive measures, including the freezing of assets in the European Union. This sanctions regime is separate from the European Union regime implementing United Nations Security Council resolutions 1267 (1999), 1989 (2011) and 2253 (2015) and targeting Al-Qaida and ISIL/Da’esh. The European Union also has its own sanctions regime with respect to ISIL/Da’esh and Al-Qaida and persons and entities associated or supporting those organizations.

OSFI Ceases Publishing Lists of Designated Persons

After regulatory amendments which came into force in March 2019 removed the monthly reporting requirement of federally regulated financial institutions under Canada’s sanctions regime, the Office of the Superintendent of Financial Institutions (“OSFI”) has recently ceased publication of lists of designated persons. However, OSFI has stated that the lists are still available from other public sources accessible online, such as Global Affairs Canada’s Listed Persons website and Public Safety Canada’s Listed Terrorist Entities website.

Read the January 2020 Issue

The CRA's Guidance on Journalism: Clarifying Tax Credits, QCJOs and RJOs
Advisory Committee on the Charitable Sector Holds December Meetings
Legislation Update
-   Provisions of Budget Implementation Act No. 1, 2019 Now In Force
-   Proposed Changes to Employee Stock Option Regime Delayed
-   2020 Budget Consultations in Ontario
-   Ontario Regulations under the Connecting Care Act, 2019
-   Alberta Senate Election Act
-   Nova Scotia's Plastic Bags Reduction Act
-   Yukon's New Liquor Act
Corporate Update
-   ONCA Coming into Force Delayed
-   Updated Policies on Corrections of Articles or a Certificate for Business and Not-for-Profit Corporations
-   Corporations Canada Makes Changes for Online Services to Not-for-Profits
-   Certain Amendments to Ontario's Co-operative Corporations Act in Force
-   New Brunswick's Cooperatives Act Proclaimed in Force
Voluntary Association's Constitution and By-Laws Found to be Contractual
Tax Court Decision on Split Receipting and Donative Intent Upheld on Appeal
Federal Court of Appeal Holds that Atheism is not a Religion
CRA Technical Interpretation Regarding Loanbacks by a Qualified Donee
CRA Technical Interpretation on Prescribed Rates and Undue Benefits
Termination Clause Found to be Void and Unenforceable by the Court of Appeal
The Federal Court Establishes the Test for a Site-blocking Order
Alberta Court of Appeal Rules that Charter Applies to Freedom of Expression by Students on University Campus
Anti-Terrorism/Money Laundering Update
-   Global Fragility Act of 2019
-   EU Renews its Terrorist List
-   OSFI Ceases Publishing Lists of Designated Persons
Charities Legislation & Commentary, 2020 Edition Now Available