Cross-Border Giving: A Legal and Practical Guide

Author: Kinga Ile Ted Hart
Publisher: Charitychannel LLC
Category: Social Sciences, Charity
Book Format: Hardcover

Cross-border donors often face daunting challenges. Complex US and international regulatory frameworks apply to cross-border giving, and a lack of understanding of these rules and regulations can result in excessive exposure of donors to risks impacting both their bank accounts and their reputation. In this age of increased prevalence of money laundering, terrorist financing, and an ongoing global trend of tightening regulation of the nonprofit sector, compliance in cross-border grantmaking has never been more difficult nor more important to achieve. Even with the noblest of intentions and goals, if donors do not ensure that their funding is going to well vetted, trustworthy recipients they could be doing more harm than good. As you will learn from the authors in this book, many issues must be addressed when US donors, be they foundations, individuals, corporations, or anyone else involved in philanthropy, choose to make cross-border donations. These span a wide range of regulatory compliance issues, such as adhering to laws blocking the use of charitable funds to finance organized crime and terrorism, preventing the cooptation of the grantmaking process for fraud or personal gain, and ensuring full compliance with applicable laws in the foreign countries that host grant beneficiaries. Contents Introduction Understanding the 3Rs of Successful Cross-Border Giving, Ted Hart Chapter One The Thriving Ecosystem of International Philanthropy, Adam Pickering Chapter Two Unite and Conquer! Giving in the Context of the Sustainable Development Goals, Heather Grady Chapter Three Ethics in International Grantmaking, Patricia Rosenfield Chapter Four Mechanisms for International Grantmaking, Beth Kingsley Chapter Five Tools for Direct International Grantmaking: Expenditure Responsibility, John Bennett and David Shevlin Chapter Six Tools for Direct International Grantmaking: Equivalency Determination, David Shevlin and John Bennett Chapter Seven Vetting International Charities, Jessie Krafft Chapter Eight US Financial Transaction Laws and Their Impact on International Grantmaking, Kay Guinane and Nancy Herzog Chapter Nine Responsible Giving: The International Grantmakers' Perspective, Jane Peebles Chapter Ten Monitoring and Impact Measurement, David Pritchard Chapter Eleven Preparing for an Audit, Victoria Bjorklund Chapter Twelve--Part One Donor Perspectives--High Net Worth Individuals and Families, Susan Winer and Betsy Brill Chapter Twelve--Part Two Donor Perspectives--Corporations as Donors, Deirdre White and Amanda McArthur Appendix A International Organizations Designated by Executive Order Appendix B Sample Affidavit for Equivalency Determination Appendix C Sample Grant Agreement Appendix D Sample Grantee Report Form Appendix E Timeline of Post 9/11 Anti-Terrorist Financing Laws and Evolution of Voluntary Guidelines Appendix F Anti-Terrorist Financing Legislation and Guidelines