International Emergency Economics Powers Act (IEEPA) and Specially Designated Terrorist Organizations
IEEPA allows the President to declare an emergency relating to any unusual and extraordinary threat to U.S. national security, foreign policy, or economy. Congress created IEEPA to give the President additional regulatory powers to address national security threats. Where the threat is outside the U.S., IEEPA provides the President the power to prohibit or restrict the exchange of goods, services, monetary funds, and transfer of intellectual property. Limited exceptions exist for personal communications, humanitarian donations, and informational materials.
Since 9/11, the President has increasingly used IEEPA as means to restrict sources of financing of international terrorism. In addition to the President's power to restrict transfers under IEEPA, the Department of the Treasury's Office of Foreign Assets Control, pursuant to powers delegated to it, may designate an individual or organization as a Specially Designated Terrorist (SDT). Once designated an SDT, the treasury can freeze accounts, seize files, and take equipment. In addition to freezing the assets of the designated individual or organization, individuals or organization that were associated with or engage, or engaged, in activity that either directly or indirectly benefited the SDT face potential criminal or civil liability.
While well intentioned, the government's approach has had an extraordinary chilling effect on the humanitarian community, particularly Muslim charities that have repeatedly found themselves accused of wrong-doing arising from feeding the hungry, clothing the naked, and caring for the sick. Swift & McDonald stand ready to help. Allegations of violations of IEEPA, Material Support of Terrorism, or Special Designations are unique and require a special knowledge of the law and the community to assist. If you suspect that you or your organization is being investigated or is faced with civil or criminal action under IEEPA, Material Support of Terrorisms or SDT, Swift & McDonald has the experience to make a difference.
In addition to representing organizations and individuals in criminal and civil proceedings involving IEEPA, Swift & McDonald assists their clients in conducting internal audits and due diligence to ensure that you or organization can proceed with confidence in conducting business or charitable activities outside the United States.
Witness Representation
Every section of the country has an active Joint Terrorism Task Force. These task forces, led by the FBI and the Department of Homeland Security, are engaged in continuous investigations in an effort to root out potential terrorist activity. Since 9/11, these task forces have focused on local Islamic communities by conducting interviews of community members, recruiting informants and agent provocateurs, and convening grand juries to investigate potential terrorist activity. All too often well-meaning individuals agree to be interviewed by the FBI or others out of the mistaken belief that by speaking with the FBI or other government agents they can clear up any misunderstanding, only to find themselves subject to high pressure efforts of recruitment as informants, or threats of prosecution. At Swift & McDonald, we understand that when an agent wants to interview a client, it is a serious matter and requires serious and experienced representation. Under the Constitution, you have the right to have an attorney with you when being questioned by the FBI or other government agents. Understand that the best way to prevent being inappropriately pressured to act as an informant and or prevent potential criminal charges is representation from the onset.
From offices in Seattle, the firm represents clients in civilian criminal matters and military family law matters throughout Washington State. Mr. Swift represents clients in military law matters at U.S. bases around the world. Contact the law firm of Swift & McDonald to arrange a free initial consultation with an experienced national security law attorney today.
