Résumé
In response to the September 11, 2001 attacks on the United States, the regime to deny terrorists and criminals access to the global financial system has significantly expanded. Financial institutions (FIs), the lynchpin of the system, are required to employ a “risk-based approach” to assess their money laundering and terrorist financing (ML/TF) vulnerabilities, know their customers, and implement compliance programs to manage and mitigate situations of higher risk.
Over time, a number of factors, including anti-money laundering (AML) and countering the financing of terrorism (CFT) regulatory obligations and oversight of FIs, have led to the phenomenon of “derisking.” This refers to the trend of financial institutions terminating or restricting business relationships to avoid rather than manage risk. The most frequently mentioned driver of derisking, as cited by FIs, is the concern for running afoul of regulatory requirements.
There are costly consequences of derisking for a variety of sectors, including nonprofit organizations (NPOs). In particular, examples have come to light of lifesaving assistance stymied as a result of charities’ inability to transfer funds to foreign countries, including humanitarian disasters in Syria, Somalia and other conflict areas. Banks under pressure to comply with AML/CFT regulatory expectations and sanctions have delayed or denied financial transfers and closed accounts, complicating efforts by charities and humanitarian groups trying to deliver aid.
Until now, there have been no data indicating the scope and type of difficulties U.S. NPOs might be experiencing. This research initiative, commissioned by the Charity & Security Network and supported by the Bill and Melinda Gates Foundation, was undertaken to develop empirical data to inform the policy discussions concerning derisking and financial access.
With this report, the question as to whether financial access is a problem for NPOs has now been answered: it definitively is. Years of anecdotal evidence reported by NPOs regarding difficulties with financial services are now confirmed through a random sample survey of U.S. nonprofits, using Internal Revenue Service data on public charities that do international work (NPOs).