Guidance for charities seeking to respond to the Ukraine crisis

1. Could our charity help directly?

If you are a trustee of an existing charity, the first place to look to check whether your charity can use its resources to assist Ukraine will be your charity’s objects. These will be in your charity’s governing document.

If these cover, for example, relief for the victims of conflict and war, and/or the preservation of health of those seeking asylum, your charity may be well-placed to provide to people in need in Ukraine.

Many anti-corruption non-governmental organisations (NGOs) have warned for years of the risks posed by London and other cities providing safe havens for laundered proceeds of crime from oligarchs, and others have called for sanctions on Russia, in particular on hydrocarbons, both of which have relevance for the situation in Ukraine.

2. Could we raise funds for an existing appeal?

If assisting the people of Ukraine is within your charitable objects, your charity could launch an emergency appeal and raise funds to help people suffering in Ukraine.

The Charity Commission has provided some helpful guidance on how to do this, including advice about collaborating with other charities and managing risks when planning an appeal. See here for guidance on starting, running and supporting charity emergency appeals.

4. …Or change our charity's charitable objects?

You could also consider amending your governing document to change your charity’s charitable objects. But this is a complicated process, so do consider first:

• Whether there are other charities that may be better placed to respond;
• The impact of changing your charity’s objects on your existing beneficiaries; and
• Whether changing your objects is in the best interests of your charity.

In considering the above, don’t forget to refer to the Commission’s guidance on trustee decision-making here.

6. Could we work with a new partner?

If your charity does not have experience of working in a conflict zone, working with a new partner that does is a great way to help. If you are considering this, just remember to carry out due diligence on the individuals and organisations your charity will be working with (the “know your partner” principle).

Whether your charity is making grants to another organisation, or entering into agreements with another organisation to help your charity deliver assistance to those in need, make sure you assess any risks involved, and undertake thorough checks on everyone your charity works with to ensure that those partners are suitable and appropriate to partner with your charity.

This includes looking at the risks your charity’s staff and current partners are exposed to. In relation to Ukraine, you will need to think about risks inherent in a conflict situation and the need for medical and Hostile Environment Training; the pressures on Ukraine’s infrastructure; and the risk of a territory falling into enemy hands. Some parts of the world (particularly Russia) pose significant risks for staff working at an anti-corruption NGO, and their partners.

The Commission has some helpful guidance on the key issues to think about when considering working with new partners, which can be found here.

8. What about financial sanctions?

On that note, don’t forget that, whether or not your charity is responding to the Ukraine crisis, all charities registered in England and Wales are required to comply with the UK’s financial sanctions regulations. This is true even where your charity’s activities are carried out abroad.

The Office of Financial Sanctions Implementation (OFSI) publishes a list of all individuals subject to financial sanctions in the UK, and has produced helpful guidance for charities on how to ensure compliance with financial sanctions. This can be found here.

It is important to check whether any individuals or organisations your charity deals with are subject to financial sanctions, and take appropriate action to ensure you are not breaching the regulations. This includes knowing who your charity’s donors are, to make sure you know the sources of your charity’s funds (the “know your donor” principle).

The Commission has some helpful guidance on the key questions trustees should ask to ensure they know enough about their charity’s donors, which can be found here.

The new Charity Commission guidance can be read in full here. If you have any queries about the topics discussed above, or there are any other issues we can help you with, please do get in touch with Laura Sherratt or Ben Brice.