Al Haramain Islamic Foundation, Inc. v. United States Department of the Treasury

Plaintiff Al Haramain Islamic Foundation, Oregon (“AHIF-Oregon”), is a nonprofit organization, incorporated in Oregon, whose stated purpose is to promote greater understanding of Islam. The United States government suspected AHIF-Oregon of supporting terrorism. In 2004, the Office of Foreign Assets Control (“OFAC”), a part of the United States Department of the Treasury, froze AHIFOregon’s assets and designated AHIF-Oregon as a “specially designated global terrorist” pursuant to Executive Order (“EO”) No. 18,224. President George W. Bush had issued EO 13,224 pursuant to the International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. §§ 1701-1706 , in the wake of the events of September 11, 2001.

AHIF-Oregon eventually filed this action, asserting that OFAC has violated a variety of its statutory and constitutional rights. Plaintiff Multicultural Association of Southern Oregon, which the government has not accused of supporting terrorism, challenges certain laws that bar it from providing services to designated entities such as AHIF-Oregon. With the exception of one claim not at issue on appeal, the district court granted summary judgment to OFAC.

On appeal, we…