Counter-terrorism Policy

The mission of the Nusa Tenggara Association, Inc (NTA) is to alleviate the worst poverty in the province of Nusa Tenggara Timur, Indonesia. The NTA sponsors economic and social development activities selected by our sponsored communities, ranging from building water tanks and wells, through providing farming equipment and training to local farmers, to supplying books for schools and training local teachers. We employ and provide training to over twenty Indonesian staff in West Timor and Flores. In the past decades, Indonesia has suffered severe terrorist attacks and faced major terrorism challenges. Despite the steady weakening of major jihadi groups, the potential for low-tech, low-casualty terrorist violence in Indonesia remains high.1

The Australian Government has identified that not-for-profit organisations, such as NTA, are at risk of being misused by individuals or other organisations to finance or support terrorist activity. There are a number of ways that this can occur, including fraudulent collection of monies and infiltration by terrorists.

Purpose and Guiding Principles of this Counter-terrorism Policy

NTA considers any form of terrorism or terrorism financing unacceptable and will make all reasonable efforts to ensure that funds are not being directed to terrorist activities. This includes providing funds to a listed individual or organisation, or an organisation which is suspects as being a terrorist organisation (or having links with a terrorist organisation), even if it does not appear as a listed individual or organisation.

Scope of this Policy

This policy applies to NTA staff (Indonesia and Australia-based), NTA Board members, volunteers and consultants retained by NTA, and partner organisations of the NTA and their staff.

Definitions

The following terms are used throughout this policy:

  1. ‘Listed individuals or organisations’: any individual or organisation which appears on either of the following lists:
    • ‘The Consolidated List’, which is a list of all persons and entities subject to targeted financial sanctions under United Nations Security Council decisions and maintained by the Department of Foreign Affairs and Trade pursuant to the Charter of the United Nations (Dealing with Assets) Regulations 2008. This list is available at http://www.dfat.gov.au/icat/UNSC_financial_sanctions.html ; and
    • The ‘List of Terrorist Organisations’, which is compiled by the Attorney-General’s Department and lists organisations which have been proscribed by the Australian Government as terrorist organisations under the Criminal Code because they advocate the doing of a terrorist act (regardless of whether or not a terrorist attack occurs), or because they are directly or indirectly engaged in preparing, planning, assisting in or fostering the doing of a terrorist act (regardless of whether or not a terrorist attack occurs). This list is available at http://www.nationalsecurity.gov.au/agd/www/nationalsecurity.nsf/AllDocs/95FB057CA3DECF30CA256FAB001F7FBD?OpenDocument
    • It is an offence under Australian law to use or deal with an asset owned or controlled by, or to make an asset available to, a person or entity included on one of these lists.
  2. ‘Third party’: an individual or organisation other than a beneficiary to which an organisation provides funding or support to, or receives funding or support from, to carry out its usual functions, including fundraising and delivery aid. Third parties in NTA’s case include partner organisations YPMF, YPMPS, NTA-Kupang, and contractors and any other service providers commissioned by NTA.

Counter-terrorism risk management

Not-for-profit organisations face a higher risk of being misused by terrorist organisations if they conduct or contribute to aid programs or projects overseas, or work with, or provide funding to, other not-for-profit organisations that conduct programs or projects overseas.

To mitigate this risk, NTA will employ the following strategies:

  • All Australian NTA Board members must undergo a police check and provide evidence that they have undergone this check. All NTA-associated volunteers and consultants travelling to NTA’s area of operations on NTA business, including monitoring team members, are required to undergo a police check and provide evidence that they have undergone this check.
  • The NTA Operations Committee must check on an annual basis that third parties (whether organisations or individuals) with which NTA has regular contact are not listed individuals or organisations and report their results to the NTA Board.
  • The NTA must conduct a check of listed individuals and organisations before retaining any new partner organisation or service provider.
  • NTA must conduct regular follow-up checks to make sure that assistance is delivered as intended.
  • A clause must be included in agreements with partner organisations that, as a precondition of receiving NTA funding, they will not provide funding or make assets available to a terrorist organisation.
  • Partner organisations must replicate these counter-terrorism associated obligations when sub-contracting any delivery partner
  • NTA partner organisations YPMF, YPMPS and NTA-Kupang must ensure that they are satisfied that any assistance provided to the beneficiary will not be misdirected for the purpose of terrorism financing. This includes staying appraised of whether terrorist organisations are operating in the area.
  • If a third party is an individual, NTA will collect the following information, where available:
    • name (including any aliases used), date of birth and contact details (e.g. phone numbers, postal address, email and URL addresses
    • nationality and country of residence
    • the name and contact details of organisations which they operate
    • details of other projects/operations/initiatives/commitments, either being undertaken or already conducted by the third party – including information on the beneficiaries of these actions, and
    • any other reasonably available information that assures NTA of the third party’s identity and integrity.
  • If the third party is an organisation, NTA will collect the following information, where available:
    • the name and available contact details (e.g. phone numbers, postal address, email and URL addresses)
    • the jurisdiction in which the organisation is incorporated or formed
    • any other names that the organisation operates under
    • a statement of the principal purpose of the third party
    • corporate documents, such as:
      1. copies of incorporating or other governing instruments,
      2. information on the individuals who formed and operate the organisation, and
      3. information relating to the beneficiary’s operating history.
    • details of other projects/operations/initiatives/commitments, either being undertaken or already conducted by the third party – including information on the beneficiaries of these actions, and
    • any reasonably available information that assures NTA of the third party’s identity and integrity.
    • The NTA will keep funds in bank accounts and use only formal financial channels to transfer funding. 

Reporting processes

NTA will immediately report any suspicious activity to the Australian Federal Police. NTA partner organisations YPMF, YPMPS and NTA Kupang will immediately report any suspicious activities to the appropriate local authorities as well as informing the NTA CEO.

Educating on the NTA Counter-terrorism Policy

NTA staff (Indonesia and Australia-based), NTA Board members, and staff of partner organisations of the NTA will all be provided with a copy of the NTA Counter-terrorism Policy on commencing their association with NTA and on updating of this document.

The NTA Counter-terrorism Policy will be made available on the NTA website.

Reviewing this policy

This policy will be reviewed annually to assess its effectiveness, appropriateness and accuracy.