Thanks Geoff. I'll try to find time on Saturday to read more about it and
will reply again if I have more questions, but I think it worth to write
more detailed email about it to wider audience to clarify this sensitive
issues. I know many chapters talk eith us on the last year to get tips on
lobbying and legislation and we been asked to present it on next Wikimania.
I think that if for me it wasn't so clear, and i'm member and read almost
every email on all the non-tech lists (yeah, i need a shrink, i know) so i
guess many others don't know it also.
Itzik
- Sent from my mobile device
On Dec 20, 2012 7:34 PM, "Geoff Brigham" <gbrigham(a)wikimedia.org> wrote:
I will save Stephen here. :)
On Thu, Dec 20, 2012 at 8:30 AM, Itzik Edri <itzik(a)infra.co.il> wrote:
Thanks Stephen
It's interesting issue and I don't know how many chapters or people from
the FDC\GAC are members here, so it may be better to have it also in a
wider community.
1. Why there is diffrent between what allow under money that comes from
the FDC and the GAC? I thought the problem is the WMF finance something
that is not legal under the U.S law - but it both of the cases the money
come from the same source.
Under U.S. law, we are required to track grant money for legislative
activities (some of which are permitted within certain IRS defined
parameters). The Grants Program is used for project specific grants for
such legislative activities; grants under that program are easier for us to
track for U.S. IRS purposes. The IRS is strict about this and we need to
ensure close control on the use of the money. The Grants Program provides
that mechanism. Chapters cannot use WMF grant money for legislative
activities without approval from WMF (and that approval is provided through
the Grants Program). Before approving such a grant, WMF needs to ensure
the grants fall within the tolerated parameters.
2. "Grants for such activities (when permitted under U.S. law and IRS
regulations)" - so, back again to the question - if in IL is legal to NGO
and non profit NGO to support lobbying such as what we did, and you say
that according to the U.S law - it's not allow - it mean that also the GAC
is not allow to finance it?
As the IRS links demonstrate (which Stephen sent out), non-profits can
engage in some limited legislative activities but that engagement must be
within certain parameters (including financial thresholds). WMF is
required to track the use of such grants for IRS purposes.
Hope that helps, Itzik.
Take care,
Geoff
Itzik
On Thu, Dec 20, 2012 at 6:23 PM, Stephen LaPorte <slaporte(a)wikimedia.org>wrote;wrote:
On Thu, Dec 20, 2012 at 7:48 AM, Itzik Edri
<itzik(a)infra.co.il> wrote:
Amgine, Of course the US law not apply on IL, but
every entity that get
budget from the FDC confirm that he will not be involve in politics
lobbing. It seem that what is not consider political lobbing in Israel is
consider true in US, so we need to see that we not clash with the FDC rules.
FDC funds may not be used for political campaign activity or lobbying,
but lobbying activity may be covered by project grants from the GAC or
other funding sources. Here is the line on the FDC request form:
The term “political or legislative activities” includes any activities
relating to political campaigns or candidates
(including the contribution
of funds and the publication of position statements relating to political
campaigns or candidates); voter registration activities; meetings with or
submissions and petitions to government executives, ministers, officers or
agencies on political or policy issues; and any other activities seeking
government intervention or policy implementation (like “lobbying”), whether
directed toward the government or the community or public at large. Grants
for such activities (when permitted under U.S. law and IRS regulations)
should be sought from the GAC.
http://meta.wikimedia.org/wiki/Funds_Dissemination_Committee/Grant_applicat…
See also
http://meta.wikimedia.org/wiki/Funds_Dissemination_Committee/Framework_for_…
I cannot provide you legal advice, but I am happy to discuss the issue
with you in detail if you are concerned.
--
Stephen LaPorte
Legal Counsel
Wikimedia Foundation
*For legal reasons, I may only serve as an attorney for the Wikimedia
Foundation. This means I may not give legal advice to or serve as a lawyer
for community members, volunteers, or staff members in their personal
capacity.*
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