- A Legal and Practical Guide
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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.ContentsIntroductionUnderstanding the 3Rs of Successful Cross-Border Giving, Ted HartChapter OneThe Thriving Ecosystem of International Philanthropy, Adam PickeringChapter TwoUnite and Conquer! Giving in the Context of the Sustainable Development Goals, Heather GradyChapter ThreeEthics in International Grantmaking, Patricia RosenfieldChapter FourMechanisms for International Grantmaking, Beth KingsleyChapter FiveTools for Direct International Grantmaking: Expenditure Responsibility, John Bennett and David ShevlinChapter SixTools for Direct International Grantmaking: Equivalency Determination, David Shevlin and John BennettChapter SevenVetting International Charities, Jessie KrafftChapter EightUS Financial Transaction Laws and Their Impact on International Grantmaking, Kay Guinane and Nancy HerzogChapter NineResponsible Giving: The International Grantmakers' Perspective, Jane PeeblesChapter TenMonitoring and Impact Measurement, David PritchardChapter ElevenPreparing for an Audit, Victoria BjorklundChapter Twelve-Part OneDonor Perspectives-High Net Worth Individuals and Families, Susan Winer and Betsy BrillChapter Twelve-Part TwoDonor Perspectives-Corporations as Donors, Deirdre White and Amanda McArthurAppendix AInternational Organizations Designated by Executive OrderAppendix BSample Affidavit for Equivalency DeterminationAppendix CSample Grant AgreementAppendix DSample Grantee Report FormAppendix ETimeline of Post 9/11 Anti-Terrorist Financing Laws and Evolution of Voluntary GuidelinesAppendix FAnti-Terrorist Financing Legislation and Guidelines