Amnesty International’s accounts have been freezed, because it violated FCRA rules. ED had served a notice to Amnesty International for FCRA violations aggregating to Rs. 51.72 crores that were received in contravention of law. Now Amnesty International claims this is witch hunt. This is a very nasty self serving statement made by Amnesty International. Now that Amnesty International has claimed that this is witch hunt, then Government of India must do the following:
1. Audit all bank accounts of Amnesty International. As per FCRA law, foreign donations can be received only in designated bank account disclosed to MoH. Along with that, NGO has to file annual returns within stipulated deadlines stating how much foreign contributions it has received. As per FCRA, NGO cannot accept foreign contributions in any account other than the designated account. If ED has issued a notice, it is because they would have details of Foreign Inward Remittances in those other accounts not reported to MoH as per FCRA.
2. Audit all bank accounts and transactions of office bearers, their key associates, family, and friends. This is to curb a new method of funding used by violators to bypass FCRA. This method is called “POCKET FUNDING”. Modus Operandi of POCKET FUNDING is very simple. A foreign donor enters into a consultancy or research or speaker or training assignment with the key official or his associates or family and friends. The foreign donor pays a fee to that individual. This payment is subject to direct and indirect taxes and deduction of tax at source in both the countries. The individual receipient of this foreign research and / or consultancy contract, then subcontracts the assignment to the NGO. This way the NGO receives funds from an Indian donor and that too from his / her individual account locateed in India and again very importantly in Indian Rupees, instead of Foreign Currency. This is how FCRA restrictions are circumvented. This is especially done in cases where end use of funds is for advocacy. As per FCRA, foreign contributions are not allowed to be used for advocacy.
3. Donations by Indian corporates can be in form of some third party settlements, wherein a foreign interest group would want to fund the NGO in India and use an Indian corporate as a front. There could be chances of settlements between the foreign donor and Indian corporate, wherein Indian corporate is given money in form of some business and that money is supposed to be donated to an Indian NGO by the Indian corporate from its domestic account in India. This way foreign donor bypasses the Foreign Inward Remittance route and reporting and the Indian NGO gets funded.
4. Donations by Indian corporates from their CSR accounts, which are later repayed to the promoters and / or CXOs of that corporate. This is a widely used practice in India, wherein corporates donate money to NGOs and take back a large part of that back in cash. This is called “DONATION ENTRY”. Here many such NGOs would be getting huge sums from shady sources and means (including Hawala) and have to show some legitimacy of the donations. Hence, they would enter into an “DONATION ENTRY” contract with the corporate and get the money in back account and pay a large part back to the promoter / CXO of the corporate in cash.
Once all the financial affairs of Amnesty International and its office bearers and their associates, family, and friends is audited, we will get a strong money trail on how Amnesty was paid by Islamists and other shady organisations and individuals to run pro-Islamists anti-India agenda. Ball is now in Home Minister Mr. Amit Shah’s court.