Cross-Border Giving: A Legal and Practical Guide

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.

This is the workbook edition. It is identical to the original hardcover version, but in a paperback, 8.5" x 11" version with plenty of room for writing notes.

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