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transactions with individuals and organizations deemed to be associated with
terrorism and blocks any assets controlled by or in the possession of such entities
and those supporting them. While the Executive Order is not a law, it has the force
of law.

The Order prohibits donations to certain persons and organization (i.e.,
“Listed Persons”). Listed Persons include individuals and organizations identified by
the Executive Order, the Secretary of State, and by the Secretary of the Treasury.
Exec. Order No. 13,224 section 1(a); (b); (c). Listed Persons can also include other
parties who assist, sponsor or support acts of terrorism by Listed Persons or are
otherwise associated with Listed Persons. Exec. Order No. 13,224 section 1(d).

Several U.S. government agencies, the United Nations and the European
Union, have created lists of known or suspected terrorists. The Treasury
Department’s Office of Foreign Assets Control (“OFAC”) maintains the most
comprehensive U.S. list, which can be found at http://www.treas.gov/offices/

enforcement/ofac/sdn/. OFAC operates a listserv that provides an electronic notice
whenever the list is altered. The listserv is at http://www.treas.gov./press/email/
subscribe.html. Other lists include the U.S. Government’s Terrorist Exclusion List
maintained by the Department of Justice at http://www.state.gov/s/ct/rls/other/des/
123086.htm, the European Union’s list at http://www.statewatch.org/news/2004/
jun/01terrlists.htm, and the U.N.’s list at http://www.un.org/Docs/sc/committees/
1267/pdflist.pdf. Note that the Order can extend to persons that are not actually
included in the published lists due to a person’s relationship with one who is on a
published list.

The Order has neither a knowledge nor an intent requirement, and thus an
organization can violate the Order (and have its assets frozen) even if it does not

know that it is supporting a Listed Person and does not intend to support a Listed
Person. In contrast, the USA Patriot Act (discussed below) does have a knowledge
and intent requirement.

The reach of persons, entities and property subject to the Order is quite
broad. It applies to all U.S. persons and entities, regardless of their location, and
foreign organizations with a presence in the United States. Exec. Order No. 13,224
section 3(d). It also applies to property located within the United States or that
subsequently comes within the United States, or property in the possession of a
United States-based person or entity. Exec. Order No. 13,224 section 1. The Order
also prohibits a variety of transactions, including financial, in-kind, material, and

WASHINGTON NONPROFIT HANDBOOK -129- 2018