Q&A;: Could I get arrested for speaking as a humanitarian worker to listed groups?

This is a good question, variations of which I have heard on a number of occasions. Of course, one would need to consider the domestic law of a number of countries to determine potential criminal and/or civil liability when it comes to counterterrorism and humanitarian concerns. For instance, one would want to look at the laws of the country in which the person lives, the country of which the person has citizenship, the country in which the person currently works, and the country from which the program funding comes.

Setting that aside, it is the U.S. regulations that garner the most attention in this area -- and perhaps correctly so. They are the most stringent and wide-reaching. Under the Material Support Statute (18 USC 2339A and 2339B), as well as a number of Executive Orders and their implementing regulations (such as Executive Order 12947 and Executive Order 13224), the provision of support, which includes but is not limited to material, technical, financial and advisory support, is prohibited. None of these regulations, however, prohibit simply speaking with someone who is “listed.” This is true whether the individual is listed, or the individual is a member of a group that is listed. It is only if these communications lead to any exchange of anything (for instance in the context of negotiations of access), that the engagement then becomes prohibited.

Setting aside that the counterterrorism and sanctions rules of the United States do not expressly prohibit “mere” communication with someone who is listed, there may nonetheless be a policy of “no-contact” with such individuals. This has been the case in Gaza, for instance. This “no-contact” policy is generally implemented through clauses found in donor contracts and agreements.

Thus, one is not able to say that their communication with someone who is listed is always allowable -- as, per the terms of a donor’s contract, it might be prohibited. But, that prohibition will not result in criminal or civil penalties under domestic law. Instead, in the event of a violation of the contract clause barring contact, there could be legal action as to breach of the contract - but this is totally independent from criminal or civil penalties under domestic law.

About the author
The author is an attorney in private practice in the United States focusing on international law and counterterrorism.