U.S. REGULATIONS FOR INTERNATIONAL GRANTMAKING

While global philanthropy has become more important in recent years, it also has become more complex and challenging with new regulations requiring specific due diligence activities and in-depth knowledge of grantees. Give2Asia has the expertise to navigate U.S. government regulations governing overseas grantmaking and assures all grants are in compliance with all current laws and guidelines.

  • Donor advised fund provisions of the Pension Protection Act of 2006. This law includes provisions that define donor advised funds and govern their operations. Give2Asia’s fund and grant administration policies are in full compliance with the Act, which allows international grants provided one of two due diligence procedures are followed. In most cases Give2Asia utilizes the process called “expenditure responsibility,” which requires a pre-grant inquiry, grant agreement, separate accounting for charitable funds, and financial tracking and reporting.
  • USA Patriot Act of 2001 (reauthorized in 2005). This law increases existing criminal penalties for knowingly or intentionally providing material support or resources for terrorism.
  • Executive Order 13224. This order prohibits transactions with those entities deemed by the Executive Branch and other US agencies to be associated with terrorism, and freezes all assets controlled by or in the possession of those entities that support them. Give2Asia checks the principals of every group we fund against the relevant prohibited persons lists.
  • US Department of the Treasury Anti-Terrorist Financing Guidelines: These “Voluntary Best Practices for U.S.-Based Charities” provide guidance for how charitable organizations can comply with the USA Patriot Act and Executive Order 13224. The Guidelines describe how international funders should make grants and transfer funds to non-U.S. organizations. Give2Asia’s procedures, from approving charities through grant administration, take these best practices into account.

Give2Asia actively monitors the changing regulatory landscape governing international grantmaking and will update this page as the environment evolves.