Overseas-based JC old boys urge Holness to step in, address onerous new donor requirements

Members of the Jamaican diaspora in the United States and Canada have described as onerous and an unexpected hurdle new requirements from the National Education Trust (NET) governing donations being made by alumni associations to their alma maters in Jamaica.

The new requirement surfaced recently when the Jamaica College Old Boys’ Association (JCOBA) of New York shipped to Jamaica College computers and robotic kits for students at the school.

A new donor verification form was sent to the organisation asking for, among other things, the names, emails, phone numbers, nationality and addresses of owners, directors in the organisation. The JCOBA was also told to send a copy of the board’s resolution authorising the donation, as well as provide information on the organisation’s bank account and the source of funds used to finance the donation.

The form also asked for certified bank statements no older than three months, written declaration of source of funds, plus “evidence of the transactions from which the charitable donations were derived (e.g. certified copy of property sale agreement, grant of probate and will or shared purchase agreement).”

It further requested that all documents must be certified by a justice of the peace or a notary public.

The form from the NET comes as part of the Department of Cooperatives and Friendly Societies – Charities Act Donors Registry.

Tradition under threat

In a letter to Prime Minister Dr Andrew Holness, the JCOBA chapters in New York, Florida and Canada asked him to urgently review the new requirements.

In their letter, the JCOBA chapters said the proud tradition of partnership with Jamaica was now under threat.

“ [While] we fully support Jamaica’s compliance with international anti-money laundering standards, the current donor registration requirements appear to exceed what is necessary for such compliance,” the association said in its letter.

“We respectfully urge your immediate intervention. The delayed shipment will prevent Jamaica College students from adequately preparing for international competition and will compromise their role in training other Jamaica robotics teams.”

The Gleaner understands that other alumni associations across the Diaspora will also be asking for the prime minister’s intervention in the matter.

In an earlier correspondence to the NET, the JCOBA said that, while it had no objection in principle to the establishment of a local donor registry, the request raises serious concerns regarding the nature and scope of the personally identifiable information being requested about the directors of the corporation.

“ The details sought – such as home addresses, nationality, personal phone numbers and private email addresses – appear excessive, bear no apparent connection to the donor activities and are being collected through Google – a platform that lacks end-to-end encryption and therefore is inconsistent with established best practices for safeguarding sensitive data,” the letter stated.

Further, the letter pointed out that the organisation is unable to “identify any provision of the Charities Act that authorises this request of a non-profit corporation organised under US law”.

Chilling effect

Michelle Tulloch-Neil, member of the Global Jamaica Diaspora Council for the US Northeast Region, said she only became aware of the new requirement when it was brought to her attention by the JCOBA.

She told The Gleaner that she reached out to the NET for information and was promised a written response. She said she also reached out to the Ministry of Foreign Affairs and Foreign Trade seeking clarification.

“This will put a pall on sending things to Jamaica,” she told The Gleaner.

The Gleaner reached out to Keisha Johnson, director of donor and partnership management at the NET, but calls went unanswered.

Irwine Clare, who recently donated some 26 defibrillators to schools in Jamaica, said he did not receive such a form to complete.

“This will place onerous responsibility on alumni associations who donate to their schools, and could have a chilling effect on donations to schools in Jamaica,” he said.

According to Clare, the new requirement runs contrary to Education Minister Senator Dana Morris Dixon’s recent exhortation for a closer working relationships with Jamaica.

Dr Karren Dunkley, educator and former Diaspora Council member for the Northeast, told The Gleaner that the new requirement would not work, as it would only provide form paperwork for school donations to Jamaica.

“Jamaica stands to lose a lot because of this new requirement,” she said.

The diaspora leaders point out that there was no consultation with the diaspora on the new requirement, and suggested that basic schools in Jamaica that receive donations from small organisations could be adversely affected.

A Charities Regulations, 2022 Resolutions, published in the Jamaica Gazette in 2022, for the proper operation of charitable organisations lists “the protection of charitable organisations from being used for money laundering, the financing of terrorism or other financial crimes and (b) for charitable organisations to use their best efforts to confirm the identity, credentials and good standing of persons who provide them with financial contributions and other donations to which registered charitable organisations provide financial support or other benefits”.

The JCOBA said that it has been assured that the donation will be cleared and sent to Jamaica College.

editorial@gleanerjm.com