Report from the ACOEL International Pro Bono Program

Posted on July 1, 2015 by James Bruen

            There are exciting developments in the College’s pro bono projects for Cuba, China and East Africa. This is our updated report.

            1.         Cuba

            With permission of the Executive Committee, the College has applied for a license to work in Cuba from the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). OFAC has replied by assigning the College a case number (an important development since we now have access to a Treasury Department case officer to help us) and noting that the College’s potential activities might (or might not) qualify for one of the 12 exceptions to the requirement for an OFAC license. We can either take our chances by proceeding with work and keeping careful records of our activities while awaiting a potential audit or apply for a specific opinion or license for a specifically described project. The pro bono program will work further with the Executive Committee to determine the nature and timing of our potential work in Cuba, but we regard this as a very promising path forward for the program.

            2.         China

            Notwithstanding the May 26 press coverage of the proposed new Chinese legislation declaring that Western non-profits are no longer welcome in China (describing them as “potential enemies of the state”[1]), our program continues to go forward with opportunities to work there. Zhou Saijun, the Director of Environment and Energy Committee under All China Lawyers Association has confirmed that ACLA will continue to cooperate with ACOEL and NRDC for its annual lawyer training. This event will take place in Xian in September 2015. There will be an opportunity for a College Fellow to speak at the training session. We will know shortly the proposed date and topic for the speech. As usual, we will ask those interested to submit their curricula vitae to me for transmission to the ACLA. They will select the Fellow they feel is most suited to their needs.

            Xian, as you may well know, is the site of the famous, and once-buried, terracotta warriors and their terracotta horses. It should be on everyone’s bucket list.

            3.         East Africa

            Coordinating the legal and political clients for work in East Africa has been challenging. But within the month, I hope to circulate a survey to solicit expressions of interest for work on  East African environmental issues. I will do what I can to get our African contacts to pick up the pace.

            In the interim, please call me at 415.954.4430 if you desire further information.

 


[1] See May 26, 2015 Wall Street Journal article by Andrew Browne which states in part, ”There have always been challenges in dispensing humanitarian services across such a vast country—everything from HIV/AIDS awareness campaigns to environmental cleanups and care for orphans. Regulations are so onerous that it is virtually impossible for many civic groups to operate legally. Still, thousands persist, often counting on sympathetic local police and officials to turn a blind eye to infractions. But that kind of indulgence may soon be ending. A Chinese draft law treats the entire sector of foreign nonprofits as potential enemies of the state, placing them under the management of the Ministry of Public Security. ***”