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Past News Items from 2006

India
December 2006

Foreign Contribution Management and Control (FCMC) Bill 2006
Around early November 2006, the Union Cabinet approved the revised Foreign Contribution Management and Control (FCMC) Bill that seeks to regulate NGOs and other organizations which receive foreign funding. This Bill was recently introduced in the Winter Session of Parliament by the Minister of State for Home Affairs - Shri S. Regupathy. This Revised Bill is a much softer version of the original draft Bill which had come under a lot of flak from various organisations and social activists.

The Bill seeks to regulate the acceptance, utilization and accounting of foreign contribution and acceptance of foreign hospitality by a person or an association and repeal the existing Foreign Contribution (Regulation) Act, 1976 (FCRA).

The salient features of the Bill are as follows:

1. The preamble has been reworded to prohibit acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to the national interest.



2. Any amount received by any person from any foreign source by way of fee, payment in lieu of certain services rendered, etc. will be excluded from the definition of foreign contribution.



3. Organizations of political nature, not being political parties, will be placed in the prohibited category for accepting foreign contribution.



4. Association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode or any other mode of mass communication and correspondent or columnist, cartoonist, editor, owner of such Association or company will now be placed in prohibited category for accepting foreign contribution.



5. Use of foreign contribution or any income arising out of it for speculative business will be proscribed.



6. Administrative expenses have been capped at fifty per cent of the foreign contribution and any such expenses beyond that limit may be incurred only with the prior approval of the Central Government.



7. Provision is made to specify the persons who can and the areas where, the purpose for which, and the sources from which foreign contribution can be accepted only with prior permission of the Central Government
.


8. Registration will be granted for a period of five years with a provision for automatic renewal for a period of five years to all applicants except those who are defaulters.



9. A specified fee will be charged for registration, grant of prior permission and renewal.



10. Reasons for rejection of registration/prior permission will be conveyed to the applications to ensure greater transparency and accountability. This will be in harmony with the provisions laid down under the Right to Information Act, 2005.



11. Registration certificate can be suspended for a maximum period of 180 days.



12. Provisions have been made for cancellation of registration after giving reasonable opportunity for hearing.



13. Foreign contribution will have to be received through a single bank account. However, unlike the present Act, the recipient organization would be permitted to open one or more account in one or more Scheduled Banks to utilize the foreign contribution.



14. Countrywide information/database about receipt of foreign remittances more than a specific amount, or suspicious transactions received by a person/association through banking channels shall be created, for keeping a watch over receipt and utilization of such foreign contributions.



15. Registration received by fraud, misrepresentation or false documents have been made punishable with imprisonment up to 5 years.



16. Provision has been made for disposal of assets created out of foreign contribution of defunct/inoperative organizations as per the prescribed procedure.



17. Provision has been made for compounding of certain offences under the Bill.

China
December 2006

Karla Simon finished her last weeks in China with a successful completion of the course she taught at Peking University Law School. She also visited with officials of the Ministry of Civil Affairs to discuss the proposed Charity Law and passed along to them ICCSL's comments on the September 15, 2006 draft law.

Hungary
December 2006

Leon Irish once again taught the Comparative Not-for-Profit Law course at Central European University. The course, which has been extremely well-evaluated by USAID and the students alike, remains very popular and exposes students to important and interesting ideas that they do not have access to in other courses.

China
December 2006

Prof. Karla Simon presented a paper at the Law Faculty of the Southwestern University of Finance and Economics on the "Legal Framework for Civil Society in China."

ICCSL has been continuing it cooperation with the Ministry of Civil Affairs, Peking University, and Tsinghua University in developing new legislation for charities and NPOs in China.

ICCSL participated in a "Corporate Social Responsibility" Roundtable sponsored by the European Chamber of Commerce to discuss ways in which corporate donors in China can become more involved in social and economic development projects.

Tallinn, Estonia
November, 2006

One of the keynote addresses at the conference on "Nordic Civicness Revisited in the Age of Association, organized by the Centre for Civil Society Study and Development (KUAK) at Tallinn University in collaboration with the Network on European Voluntary Associations (EVA)" was presented by Prof. Karla Simon. Dr. Leon Irish also presented a paper at the conference. More information is available at the website http://www.helsinki.fi/project/eva/ncr/index.html.

China
October 29, 2006
Charity Law Progress

The Ministry of Civil Affairs has recently published a draft of the proposed Charity Law, which is circulating within the Ministry for discussion and review. ICCSL has been working with the government to encourage giving in China by stressing the need for more tax incentives for donations. The report written by ICCSL for the World Bank in 2005 explains the types of tax benefits that are needed and how they can be implemented. A Charity Law Conference sponsored by the China Charity Federation and the Brigham Young University was held in Beijing on October 27-28. The discussions at the conference focused on issues regarding charity in China, with specific reference to the law, which was distributed to the delegate sin Chinese and explained by Ministry staff attending. There are ongoing discussions about what the law should contain and how it can be used to stimulate giving and volunteering in China. These issues have been stressed frequently in the press and remain of significance for China's develoment.

Another relevant issue that came up in the discussions was the transformation of public service units (shiye danwei) into NPOs. As Prof. Simon has stressed in a paper publish last year, the transformation of such entities into NPOs should take place in an orderly way but only after measures are developed to ensure that NPOs are operating in the public interest.

Europe
October 19, 2006


A book launch was held for the book STEUERN, ZIVILGESELLSCHAFT UND STAAT (TAXES, CIVIL SOCIETY AND THE STATE) to which Prof. Karla Simon was a contributor. The Austrian Society for Social Science Research conducted the launch. The book published in German and English and copies are available by contacting Prof. Juergen Nautz.

Americas
October 11, 2006

The Inter-American Court of Human Rights has released its 19 September decision in the case Claude Reyes and others v. Chile, which upheld the right of access to government information. This is the first decision of its kind by an international tribunal, and it provides support for claims of freedom of information activists around the world. By holding that Chile had violated Article 13 of the Inter-American Convention on Human Rights (which guarantees the right the freedom of thought and expression), the Court held that the Article contains an implied right of general access to government-held information. Thus, States must adopt legal provisions to ensure that the right is given full effect. The full text of the decision is available in Spanish here and there is an English summary available from freedominfo.org.

Afghanistan
October 2006
Proposed Amendments to NGO Law Released by Ministry of Economy

The Ministry of Economy released on 1 October 2006 draft changes to the current "NGO Law 2005," which it is proposing to introduce in the Parliament. ACBAR, the Agency Coordinating Body for Afghan Relief, has sent the proposed amendments to its members for comments. Suggestions for additional changes and/or revisions in the proposed changes will also be submitted by ICCSL, which is on mission in Afghanistan . The text of the proposed revised law is now available here.

September 26, 2006
International Grant-making

At the invitation of the Rockefeller Brothers Fund and the John D. and Catherine T. MacArthur Foundation, Dr. Leon Irish attended a seminar on grant-making in the Peoples' Republic of China. Over lunch, he made a PowerPoint presentation on the Legal Framework for Civil Society Organizations in the PRC. Further information about the event can be obtained from Dr. Peter Geithner, who organized it.

September 2006
New Interest Group Formed at ISTR Bangkok Meeting

During the international conference held in Bangkok in July, the new "Legal Issues Interest Group" (LIIG) met for the first time. It was an auspicious occasion for the group, given that the keynote speaker at the conference, Prof. Mark Sidel, is a lawyer and law professor with a strong interest in legal issues affecting the Third Sector. The more than fifteen people who attended the luncheon meeting of the LIIG represented a broad spectrum of diverse backgrounds and interests. Some were lawyers or legal academics and some have connections to the law because of their interest in accountability and governance issues. A variety of background was also represented, including academics and practitioners from Asia, Africa, Europe, the Middle East, and North and South America.

The LIIIG intends to develop a listserv, which will be open to all ISTR members as well as others who share concerns about the legal framework for the Third Sector and its institutions. Prof. Karla Simon, of the Catholic University of America and the International Center for Civil Society Law, will moderate the listserv. The intent of the listserv is to enable the creation of an open forum for discussions about legal issues affecting the sector. This will be the first such listserv established with such a goal. All subscribers will automatically also become subscribers to the INTERNATIONAL JOURNAL OF CIVIL SOCIETY LAW (IJCSL) and the IJCSL-NEWSLETTER, so that they may be informed of current developments in countries around the world. Members of the LIIG will also be encouraged to publish their papers in IJCSL, which is the only academically- affiliated publication covering all aspects of the legal environment for global civil society.

Persons interested in joining the listserv should contact Prof. Simon at simon@law.edu.

Global
August 20, 2006
International Civil Society Forum for Democracy

Nasira Razvi, ICCSL and APCCSL Associate, has been selected to participate in the International Civil Society Forum for Democracy 2006 (ICSFD 2006), to be held in Doha, Qatar. October 29 -- November 2, 2006. Participation in the ICSFD 2006 also implies participation in the Sixth International Conference of New or Restored Democracies (ICNRD 6), of which the ICSFD is one of three integral parts (governments, parliamentarians, civil society).

Beijing, China
August 13, 2006

The Course Reader for Prof. Karla Simon's autumn 2006 course in Comparative Civil Society Law at Peking University (Bei Da) is now available on the site. She will be teaching the course together with Assistant Professor Jin Jinping. For further information on the course or to obtain permission to use the materials in other courses, please contact Prof. Simon.

Global
August 4, 2006

The Spanish version of the OSI Guidelines (written by ICCSL founders Leon Irish and Karla Simon together with Robert Kushen of OSI) is now available in hard copy. To receive a copy, please send an email to Karla Simon.

Mongolia Update
August 2, 2006

The tax new law in Mongolia was adopted during the first week of July, just before the closing of the Parliament session. It imposes a flat tax and does not impose taxes on any NPOs, regardless of whether they are MBOs or PBOs. The proposed changes in the "NPO Law" are under consideration within the government at present, and the proposals that Dr. Irish worked on in December 2005 are being considered. The new law is on the schedule for the autumn session of Parliament.

Zimbabwe
July 27, 2006

The Institute for War and Peace Reporting says that the NGO Bill is due to be presented in the Parliament of Zimbabwe when the legislative session resumes in August. Taken together with other legislation that will further curtail the rights of citizens to speak their minds and criminalize ordinary civic activities as "terrorism," the package of legislation has been called the equivalent of "martial law."

PM's Wife Risks Kremlin Wrath to Meet Ngos
July, 17 2006

Cherie Blair yesterday risked the wrath of the Kremlin by meeting Russian civil society groups and apparently offering them legal advice in their fight against a law they say will restrict their activities.

Mrs Blair left the G8 summit at the Konstantinovsky Palace in St Petersburg to meet a dozen Russian non-governmental organisations (NGOs). Foreign and local NGOs have come under greater scrutiny from the Russian authorities since a new law came into force requiring many of them to register again with the government. Critics say the new law gives officials arbitrary control over their activities and the ability to shut them down.

While President George Bush met Russian NGOs before the summit, Tony Blair has remained silent about the alleged "rollback of democracy" in Russia.

Mrs Blair said she was interested to hear about the Russian NGO law reforms, and asked the media to leave as "it is quite important the NGOs feel comfortable to be able to speak to me [in private]".

Alexander Petrov from Human Rights Watch's Moscow office attended the meeting. He said: "If the NGO community had some questions regarding the legal analysis of NGO legislation, then she said she would be able to assist with that."

He added that Mrs Blair had offered to advise them which cases to pursue in the European court of human rights. Two other who were at the meeting confirmed the offer. Mrs Blair said she was not yet familiar with the legislation, they said.

Civil G8 Summit statement

Ghana
July 19, 2006

Dr. Leon Irish returns to Ghana for work on the following projects: the Cooperatives Act, the Freedom of Information Act, the proposed District Registration Act, and the proposed "NGO" Act.

KenyaJuly 13, 2006

Sessional Policy Paper No. 1 of 2006 on Non-Governmental Organizations passed the Kenyan Parliament on July 13th. The NGO Policy Paper had been in development since 2001, and was submitted to the Parliament in late 2005. The NGO Council was involved in years past, but had not reviewed or commented in 2005 prior to the paper's submission. The NGO Council Executive Committee will review the Policy Paper immediately and issue a statement in this regard. They are currently in consultations with ICCSL as to international best practices with regard to regulation and self-regulation of the NGO sector.

Uganda NGO Law Update
July 1, 2006

The leading Ugandan NGOs, including the national apex body the Uganda NGO Forum, have filed a petition with President Yoweri Museveni urging him not to sign the recently passed NGO Registration (Amendment) Act 2006, saying it would have a negative impact on the operation of civil society organizations and their role in the region as it heads toward forming a political federation by 2013. They added that the Act includes registration restrictions that might lead to the closure of some currently operating CSOs.

In terms of objections to the Act based on the Treaty of the East African Community (EAC), the report accompanying the petition states that "The spirit of the Treaty establishing the East African Community clearly envisages Civil Society Organisations and the private sector as key actors in the integration process. The treaty recognises that a strong partnership with the Civil Society and private sector is essential in achieving the primary objective of the treaty set out in Articles 5(1) and 5(3). These articles provide that the Community shall ensure the enhancement and strengthening of a partnership with CSO and the private sector in achieving a sustainable socio-economic and political development. Critically reading Uganda's NGO law as amended reveals that the law fails to meet these provisions that the three partner states have agreed to...Uganda NGO law as amended clearly fails to meet this test."

In addition, the report states that, taken as a whole, the new Act does nothing to encourage the development of CSOs in Uganda. Although problems may exist under the currently effective Non-Governmental Organisations Act Cap. 113 (1990) (for example, under the current law, all NGOs are required to register with the NGO Board which then issues a Certificate of Registration to a successful applicant subject to conditions or directions it may deem fit), the new requirements (for example, an NGO must first obtain a permit in order to register) would be retrogressive and serve not only as a bad development for Uganda but for the EAC as a whole.

Other Ugandan NGOs that have joined the petition include the Development Network of Voluntary Organizations (DENIVA), the Human Rights Network Uganda (Hurinet (U)), and the Advocates Coalition for the Development and Environment (ACODE). This story is based in part on an article published in The New Times, Kigali, and posted to the web by AllAfrica.com.

Russia NGO Law Update
July 1, 2006

A 29 June 2006 report by MosNews, an English language Russian news service, indicates that foreign non-governmental organizations are experiencing problems re-registering in Russia after a new law on NGOs came into force April 18. MosNews bases its report on a story published in the business daily VEDOMOSTI.

According to another report by the Russian news agency RIA-NOVOSTI, the Federal Registration Service has disclosed that none of the 40 foreign NGOs that applied for registration after the introduction of the law had managed to complete the process. It said there are currently between 500 and 2,000 foreign NGOs operating in Russia, and that all of them must re-register before October 18 this year.

Views as to the way in which the registration process works differ widely. For example, Sergei Tsyplenkov, executive director of Greenpeace Russia, has been quoted as saying that the new regulations were so ambiguous they gave officials a free hand in dealing with NGOs. The Registration Service, on the other hand, said the new procedure was simple and "purely technical," requiring only that a number of forms be filled out, a task it said foreign NGOs had failed to do.

India
June 24, 2006
INDIA-DRAFT OF NEW GOVERNMENT POLICY ON NPOS DISCUSSED IN THE PRESS

A news story published in the Hindustan Times on 23 June 2006 states that the Government of India is shortly expected to announce a national policy for NPOs. The policy has been formulated by the Planning Commission in consultation with NGOs and the concerned Government agencies. A final draft of the policy is with the Prime Minister for approval.

The AccountAid Team , iin its newsletter for 23 June 2006, suggests that some of the significant regulation-related changes that the policy is expected to announce are as follows:

1. Modifying tax and FCRA laws to allow Indian NPOs to expand their programs to outside India;
2. NPOs to set up a self-regulatory agency, and also to help formulate a reliable accreditation methodology;
3. NPOs to file documents related to constitution, board, membership etc. with the Government, and make them available over the internet;
4. Classification of NPOs into public utility organizations (schools, hospitals) and public benefit organizations (NGOs) to help tailor suitable tax-exemptions and incentives;
5. Study feasibility of enacting a central law which will offer an option to NGOs to register in order to operate across state-boundaries and also outside India;
6. Liberalization of FCRA;
7. Tax deductions on donations in the form of shares and stock-options;
8. Assess feasibility of liberalizing minimum-spending norm of 85%; and
9. Tighter administrative and penal procedures to check misuse of such benefits by "paper" charities.

Ghana
June 15, 2006

GAPVOD launched a new NPO Directory for Ghana, which covers the years 2005 to 2008 and gives accurate information on the number of NGOs that are actively operating and their areas of operation among others.

Japan
June 2006

Developments in NPO Accounting in Japan

New Accounting Standards for Public Interest Corporations Adopted

Review of accounting standards for public interest corporations and adoption of the new Standards
Accounting standards for public interest corporations had not been changed for 19 years after the last amendment in the 1980's, despite changes in the circumstances surrounding the organizations to which they applied. In view of this, a Study Group on Accounting Standards for Public Interest Corporations, set up in the former Prime Minister's Office in April 2000 (switched to the Ministry of Internal Affairs and Communications after the ministerial reorganization in January 2001), began to study ways in which these standards could be changed to bring them more in line with reality. As a result, an "Enumeration of arguments concerning a review of accounting standards for public interest corporations (Interim Report)" was published in December 2001.

Based on the results of this study, and the fact that, in the "Outline of Administrative Reform" decided by the Cabinet in December 2000, measures to improve accounting standards for public interest corporations were also to be studied, and a "Study Group on Accounting Standards for Public Interest Corporations" was set up in March 2002. Consisting of experts under the Managerial Board of Meetings of Cabinet Ministers Related to Supervisory Guidance of Public Interest Corporations, etc., the Group conducted studies over a term of about one year.

In March 2003, the "Report by the Study Group on Accounting Standards for Public Interest Corporations," consisting mainly of "Accounting Standards for Public Interest Corporations (Draft)," was compiled and published. The Report focuses on

• greater transparency of fiscal information,
• clarification of the trustee responsibilities of public interest corporations, and
• simplification of financial statements.

Japan
June 3, 2006

The Japan Association of Charitable Organizations (JACO) reports that the Reform of the Public Benefit Corporation Law has made significant progress. The debate in the Special Committee of the House of Councilors (the Upper House) was closed on 25 May 2006 and the below-mentioned three bills passed through the House of Councilors on 26 May 2006. As these three bills have now passed the Diet (Parliament), they will become effective as from the date to be designated by an order within two-and-a half-years.

1. Bill of the "general incorporated association and foundation law;"
2. Bill of the "charitable status recognition law;"
3. Bill of the "relative transition, modification & repeal law."

Global

Mixed Reactions to Human Rights Council Elections
May 10, 2006

On May 9, 2006, the elections for membership in the UN's new Human Rights Council were held and the reactions to the membership of the new body are mixed, with many human rights organizations expressing concern that so many of the countries elected have at best mixed records on human rights. On the other hand, Human Rights Watch noted the following three factors in favor of the election in its press release:

• New membership standards and election procedures discouraged states with some of the worst records of human rights abuses from even running for election, including recent commission members Sudan, Zimbabwe, Libya, Syria, Vietnam, Nepal, and Egypt, and others of the worst violators, including North Korea, Burma, Uzbekistan, Turkmenistan, Belarus, and Ivory Coast.
• A handful of politically powerful violators were elected, including China, Russia, and Cuba. But major oil producers such as Iran, which has a very poor human rights record, and Venezuela, which declared it was not bound by the council's new standards, were defeated. While Human Rights Watch had expressed opposition to six of the new members on human rights grounds, they account for only six out of 47 seats on the new council.
• Countries campaigned for election in large part by highlighting the contribution they would make to the promotion and protection of human rights. While issuing human rights pledges and commitments was voluntary under the resolution creating the new council, all 64 candidates published written commitments for advancing human rights.

New Translations of OSI Guidelines
May 12, 2006

New Translations of OSI Guidelines. The Russian, Chinese, and the Spanish translations of the OSI Guidelines are now available on the ICCSL site in the Document Center.

Conference on U.N. Reform
April 3, 2006

A conference on UN Reform was held in the Moot Court Room of Catholic University of America's Columbus School of Law on April 3, 2006. Two topics were addressed - the newly established Human Rights Council and the Peace-Building Commission, which is already in formation.

The speakers for the Human Rights Council session included Will Davis, Director of the UN Information Center, Lawrence Moss, Special Counsel on UN Reform at Human Rights Watch, and Ruth Wedgwood, Director of the International Law and Organization Program at Johns Hopkins University's School of Advanced International Studies (SAIS). Professor Karla Simon, who teaches Human Rights Law at CUA and is a member of the National Council of the UNA-USA, moderated the Human Rights Council panel.

The second panel included Peter Gantz, Peacekeeping Advocate with Refugees International, Fr. William Headley, Counselor to the President, Catholic Relief Services, and Dennis Hankins, Deputy Director of the Bureau of International Organization Matters in the Office of Peacekeeping, Sanctions and Counterterrorism in the United States Department of State. Associate Professor Maryann Cusimano-Love of the CUA Politics Department, who is a member of the Catholic Peace-Building Network, moderated the Peace-Building Commission Panel.

Sponsors of the event included the Center for International Social Development of the Catholic University of America, the Comparative and International Law Institute, the International Center for Civil Society Law, and the United Nations Association of the USA's Council of Organizations.

More information and conference details are available at Conference on U.N. Reform deatils.

ICCSL President and ACCSL Associate Participate in ABA Program
April 8, 2006

ICCSL President Dr. Leon E. Irish and ACCSL Associate Mr. Tamuka Muzondo, Director of Policy and Planning for NANGO, the National Association of Nongovernmental Organizations in Zimbabwe, spoke at the American Bar Association's Section of International Law Spring Meeting in New York on April 7, 2006. The program, which was entitled Global Governance: International Organizations' Response to Civil Society's Demand for Accountability, also included Bharati Sadasivam, Senior Policy Adviser, Civil Society Organization Division, UNDP. The session was chaired by Karen Hudes, of the Legal Department of the World Bank, and Chair of the Section's Committee on International NGOs and Not-for-Profit Organizations Committee. The Africa Committee of the Section also co-sponsored the meeting.

The discussions of the panelists focused on issues with regard to how the UN deals with civil society input; how regional groups, such as NEPAD and the African Union address the ways in which civil society; and the problems presented for additional civil society engagement at the UN, following on Secretary General Annan's appointment of the Eminent Persons panel and the failure of the General Assembly to implement the Panel's recommendations. All panelists, the Moderator, and the audience agreed that non-state actors, whether or not they can be deemed representative of constituencies, have expertise that should be brought to bear on policies for social an economic development. One important role of knowledge providers like ICCSL is that they can help both national governments and inter-governmental organizations to create policies for civil society and broader citizen participation.

Secretary of State Condoleezza Rice Opening Remarks
March 8, 2006

Secretary of State Condoleezza Rice delivered opening remarks on the release of the State Department's 2005 Country Reports on Human Rights Practices. Under Secretary Paula Dobriansky and Assistant Secretary for Democracy, Human Rights and Labor Barry F. Lowenkron also gave remarks at the special press briefing and answered questions. The reports in this volume will be used as a resource for shaping policy, conducting diplomacy, and making assistance, training, and other resource allocations. They also will serve as a basis for the U.S. Government's cooperation with private groups to promote the observance of internationally recognized human rights. The reports can be accessed at http://www.state.gov/g/drl/rls/hrrpt/2005/index.htm.

Writing in the latest issue of CEIP's e-newsletter, however, Thomas Carothers warns that many countries around the world are now pushing back against efforts aimed at "democratization." His paper "The Backlash Against Democracy Promotion" can be found in the April/May issue of Foreign Affairs and is available on the CEIP site at http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=18070&prog=zgp&proj=zdrl.

United Nations General Assembly created a new U.N. human rights body
March 15, 2006

The United Nations General Assembly on Wednesday created a new U.N. human rights body by an overwhelming majority, ignoring objections from the United States. Ambassadors broke out in sustained applause when the vote was announced: 170-4 with 3 abstentions. Joining the United States in a "no" vote were Israel, Marshall Islands, and Palau -- but not American allies in Europe or Canada. Belarus, Iran, and Venezuela abstained.

Professional development workshop at the international meeting of ISTR
March 15, 2006

Prof. Leon Irish and Prof. Karla Simon will be giving a professional development workshop at the international meeting of ISTR, which is to be held in Bangkok, Thailand, in mid-July. They will discuss their pioneering Comparative Civil Society Law course, which has been taught in Central Europe, in the United States, and in China, and is due to be taught in Africa and Western Europe in the near future.

Asia Region
March 15, 2006

ICCSL announces the launch of the new Asian Pacific Centre for Civil Society Law (APCCSL) and its new website www.apccsl.org. The Centre will have two nodal locations - the NPO Law Center at Peking University Law School, which will be Co-Directed by Prof. Karla W. Simon beginning in Fall 2006; and the University of Mysore, under the Directorship of Prof. P. Ishwara Bhat (http://www.uni-mysore.ac.in/index.php?m=about). Further developments in Asia with respect to civil society law will be announced on the APCCSL site as well as the ICCSL site.

Canada
March 10, 2006

Final Public Benefit Test Guidelines Released

New CRA Guidelines for "Registering a Charity: Meeting the Public Benefit Test" were released March 10, 2006. Under current law, an organization is only charitable if it meets the definition of charity at common law. Part of that definition requires that in order for an organization to be considered charitable it must be established for public benefit. After having released proposed guidelines on how CRA interprets the public benefit test on July 29, 2005 for consultation, CRA finally released their official guidelines on March 10, 2006. The guidelines are intended to clarify the meaning of the term "public benefit" as CRA understands and how it would apply when CRA makes determinations of charitable status under the Income Tax Act. CRA's document is available at http://www.cra-arc.gc.ca/tax/charities/policy/cps/cps-024-e.html.

China
May 5, 2006