The Government has published a ‘note’ for international non-governmental organisations, that is, charities and other sectors that risk falling foul of UK counter-terrorism law, for operating in areas where terrorist groups operate.
As the advice admits, that can involve ‘very finely balanced judgments for non-governmental organisations, but this is an inherent risk for any organisation operating in high threat areas overseas’. According to the note, the risk that an individual or a body will be prosecuted for a terrorism offence as a result of their involvement in humanitarian efforts or conflict resolution is ‘low’.
It’s admitted that some other countries exempt staff of NGOs from prosecution for terrorism offences if the activity takes place as they do their humanitarian or conflict resolution work. The UK Government says that ‘would create a loophole that could be exploited by unscrupulous individuals and leave NGOs vulnerable to abuse’. To comply, the Government offers an advice ‘toolkit’: https://www.gov.uk/government/collections/protecting-charities-from-harm-compliance-toolkit.
For a list of proscribed terrorist organisations banned under UK law (the Terrorism Act 2000) visit https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509003/20160318proscription.pdf.
As for kidnap for ransom, the note says that it’s not permissible to make ransom payments from private or an organisation’s funds; nor is it permissible for a ransom payment to be reimbursed through an insurance policy under the Terrorism Act 2000, which applies to insurance payments made outside of the UK. As for the fear among charities that banks may withdraw or restrict their banking services – because the banks, too, that they may fall foul of the law, if they risk financing, indirectly, terrorist groups or are guilty of laundering criminal money – the note says that ‘neither the government nor regulators can compel banks or other financial institutions to offer an account to a particular customer. Decisions taken by banks are private and taken in accordance with their risk appetite and compliance with legal and regulatory requirements’.
