Charity Commission policy on charities and their alleged links to terrorism

Reports about the extent of terror networks across the globe continue to appear in the media. Inevitably, there has been some speculation about terror links to British charities. Clearly these suspicions could significantly damage the reputation of charity - but what truth is there in the rumours? And what does the Charity Commission do to ensure English and Welsh charities are not infiltrated by terror groups?

Naturally, we have been alert to such potential links for a number of years, but our ongoing work reveals that connections between registered charities in England and Wales and terrorist organisations are rare. The Commission works to three basic assumptions, and these have important implications for the way we deal with charities where suspicions of links to terrorism arise. The assumptions are:

1. the Commission would not register an organisation that had support of terrorism explicitly or implicitly as an object;

2. that use of an existing charity’s assets for support of terrorist activity is not a proper use of those assets;

3. that links - or alleged links - between a charity and terrorism corrode public confidence in the integrity of charity.

Our key principles when looking at charities with potential links to terrorism are as follows:

• Any links between charities and terrorist activity are totally unacceptable. ‘Links’ in this case might include fundraising or provision of facilities, but also include formal or informal links to organisations ‘proscribed’ under the Terrorism Act 2000, and any subsequent secondary legislation.

• The Charity Commission will deal with any allegation of links between a charity and terrorist activity as an immediate priority.

• Where such allegations are made we will liaise closely with relevant intelligence, security and law enforcement agencies to facilitate a thorough investigation.

• Active collaboration between charities and terrorist organisations is a police matter that may lead to serious criminal charges. Where allegations are made to the Commission or suspicions arise as a result of the Commission’s work (e.g. monitoring or casework), the Commission will inform the relevant law enforcement agencies immediately and co-operate fully with the criminal investigation.

• Where a charity’s activities may give, or appear to give, support or succour to any terrorist activity, the Commission expects the charity’s trustees to take immediate steps to disassociate the charity from the activity.

• We expect trustees to be vigilant to ensure that a charity’s premises, assets, volunteers or other goods cannot be used for activities that may, or appear to, support or condone terrorist activities. Examples include the use of a charity’s premises for fundraising or meetings.

• Charities should take all necessary steps to ensure their activities could not be misinterpreted. The Commission expects trustees or charities to ensure their activities are open and transparent, for example when transferring assets abroad. We hold trustees accountable for ensuring that procedures are put in place to ensure that terrorist organisations cannot take advantage of a charity’s status, reputation, facilities or assets.

• We expect any person connected with a charity, whether a trustee, employee, volunteer, advisor or beneficiary, to bring evidence of a charity’s possible links with terrorism to our attention immediately.

For more information call Chris Kiggell on 0207 674 2332.