terça-feira, 21 de dezembro de 2010

THE JULIAN ASSANGE DEFENCE FUND


These are the Terms applicable to The Julian Assange Defence Fund (“the Fund”) This is a fund through 
which well-wishers can assist Julian Paul Assange (“Julian”) with financial support to defend legal 
proceedings against him. All contributions to the Fund are received solely on the basis of these terms and 
Julian and all contributors agree to be bound by them.   
  
Overview (see clause 33) 
The Fund may only be used for Julian’s legal defence. It is held by Hazlems Fenton LLP chartered 
accountants in a specially designated bank account, and  it can receive donations on Julian’s behalf. 
Details of the bank account are given below. The Fund is supervised by a voluntary Committee. If at the 
end of all litigation there is a surplus in hand, efforts will be made to return the net balance in hand to 
contributors, other than anonymous contributors. Any remaining funds in hand will be given to charities 
or non-profit bodies which have freedom of speech or freedom of information as a principal aim. 
Purposes and Definitions 
1. The purpose of the Fund is to pay for or towards Julian’s legal costs in defending or bringing 
any litigation in any court (civil or criminal) and whether in the UK, Sweden, the US, or any 
other jurisdiction. Such litigation includes the defence of criminal charges or other formal 
process already brought or which may be brought against Julian personally in Sweden and the 
USA and extradition processes relating to those charges or other formal process.  
2. The purpose of the Fund also covers paying for or towards expenses in connection with any 
legal or administrative matters which the Committee (see below) considers are reasonably 
necessary to defend or protect Julian. By way of example, these expenses could be or be 
concerned with extradition, release from arrest, dealing with bail or surety/security for bail (but 
it will not be used for the giving of security for the bail), the cost of obtaining legal advice and 
legal services for him and expert evidence, payments ordered by any Court to be made to any 
opposing party, and the costs of operating and defending the Fund.  
3. In these Terms 
“the Account” means any bank account holding any part of the Fund  
“the Administrators” means the firm of accountants who for the time being hold or maintain the 
Account and the Fund  
“the Committee” means the Committee as it is made up from time to time.  
“Expenses” means all the payments which can properly be paid out of the Fund under 
paragraphs 1 and 2. 
“the Fund” means The Julian Assange Defence Fund 
“the Litigation” means any kind of legal process whatsoever 
“the Purposes” means all the permitted purposes of the Fund under paragraphs 1 and 2.  4773217_1.DOC  v4  17 December 2010 
Administration 
4. The Administrators of the Fund are  Hazlems Fenton LLP Chartered Accountants 
(www.hazlemsfenton.com) of Palladium House, 1-4 Argyll Street, London W1F 7LD UK 
(Reference RT/JA). The Administrators hold the Fund in a designated client account with: 
Bank:  Barclays Bank plc 
Name of Account: “FSI - Julian Assange Defence Fund”  
Account number: 93842452 
Sort code: 20-77-67 
BIC/Swift code BARC GB22.   
IBAN:  GB86 BARC 2077 6793 8424 52  
to which donations may be sent. The Administrators may use other designated accounts with the 
approval of the Committee.  They are not obliged to put the Fund on deposit.  
5. The Administrators will keep records of contributions into the Account and payments out of it, 
and shall establish procedures for dealing with applications for payments out of the Fund and 
for the Committee to authorise payments. The Administrators act professionally on the 
engagement of Finers Stephens Innocent LLP who in turn are acting for  Julian and not on 
behalf of the Committee. The Administrators are entitled to be paid their proper fees out of the 
Fund for the work they do in connection with operating the Fund. The Administrators will be 
the sole signatories on the Account. 
6. The Committee may engage paid staff and appoint  professional advisors to assist with the 
administration of the Fund. If reasonably necessary, and with Julian’s approval, the Committee 
may change the Administrators from time to time. If a Committee member has personally acted 
in good faith they shall not be liable for the acts or omissions of the Administrators. 
The Committee 
7. The Fund and the Account are overseen by a voluntary Committee. The role of the Committee 
is to supervise the Administrators, to receive their reports, to authorise payments out of the 
Account and to give such other approvals and do such other things as are required under these 
Terms. But the Committee shall not have any Account vested in it or in any member of the 
Committee, nor hold any part of the Fund itself, nor retain in their hands any moneys of the 
Fund, subject to the right of reimbursement and  indemnity under paragraph 12. If a member of 
the Committee receives any contribution from a Contributor it shall forthwith be handed to the 
Administrators.  
8. The Committee shall have between three and twenty members. The first Committee members 
are Gavin MacFadyn, John Pilger and Susan Benn.  The Committee may appoint additional 
Committee members or replacement members. Committee members may retire by giving 
written notice to the other Committee members, as long as at least three Committee members 
remain. If at any time the number of Committee members falls below three, those in post may 
appoint additional Committee members.  
9. The Committee may set up subcommittees to carry out the work of the Committee, including 
local subcommittees for different jurisdictions which shall replicate the arrangements set out 
here as far as possible, with appropriate changes.  Each subcommittee shall act with whatever 
autonomy the Committee as a whole delegates to it,  but a majority of members of any 4773217_1.DOC  v4  17 December 2010 
subcommittee shall be members of the Committee, and a subcommittee shall report on its 
activities to the Committee as soon as reasonably possible. 
10. If there are five or more Committee members, then the other Committee members acting 
unanimously may by written resolution remove a Committee member (including a 
subcommittee member) whose membership of the Committee they consider to be harmful to the 
purpose or reputation of the Fund.  
11. A Committee shall reach its decisions by a simple majority, unless specified in these Terms or 
agreed otherwise by the Committee if it considers that a larger majority or unanimity is required 
for certain types of decision. The Committee may adopt and amend rules relating to its 
procedures and meetings and for the administration of the Fund, as long as these are consistent 
with the legal and professional rules which the Administrators must observe in relation to the 
Fund. 
12. The Committee may do anything which is incidental or conducive to the exercise of its 
functions. The powers of the Committee may be exercised at its absolute discretion and from 
time to time as occasion requires.  Committee members shall be entitled to be reimbursed their 
out of pocket expenses, and shall be entitled to an indemnity out of the Fund for any claims 
made against them personally arising out of their being or having been members of the 
Committee.  But the Committee will not make any charge for their own time or charge any 
professional fees to the Fund. 
Amendment of these Terms 
13. The Committee may make amendments to these Terms from time to time if it considers that it is 
fair and reasonable to do so, with the approval of Julian or his authorised representative, as long 
as the amendments are consistent with the legal and professional rules which the Administrators 
must observe in relation to the Fund. Amendments may be retrospective in effect. Amendments 
must be published on the website of Finers Stephens Innocent LLP.
Contributions 
14. Money contributed to the Fund, while it remains in the Account, belongs to Julian, but he gives 
the authorities and undertakings set out in paragraphs 25, 26 and 30. He undertakes for himself 
and his personal representatives that whenever required by the Administrators to do so, he will 
confirm these authorities and undertakings in writing in relation to specific payments of surplus 
moneys.  
15. Contributors to the Fund are invited to identify themselves to the Administrators when making 
contributions only for the purpose of locating them if it becomes appropriate to make a 
repayment. Subject to any legal direction to the contrary, the names of Contributors to the Fund 
will be kept confidential to the Committee and the Administrators. A Contributor who does not 
provide both their name and a contact address (postal or email) shall be deemed to be an 
anonymous Contributor. 
16. The Committee shall adopt a privacy policy and adhere to it.   
17. All Contributors undertake that they do not stand to take any personal benefit from the 
Litigation, and are not funding it as a matter of business, and that their contribution  is paid out 
of legitimate sources.  
18. The Fund is not a charity or a US 501(c) organisation, so UK gift aid, US tax exemption and 
similar preferred status in other tax jurisdictions will not be available for contributions. 4773217_1.DOC  v4  17 December 2010 
19. Contributors, the Committee and the Administrators have no right to intervene in any Litigation, 
nor to control its course or to be kept informed about it.  Any legal advice given to Julian will be 
subject to normal lawyer-client privilege and will not be liable to be disclosed to the Committee, 
the Administrators or Contributors. 
Payments out of the Fund 
20. All payments out of the Fund will be made by the Administrators with the approval of the 
Committee, such approval not to be unreasonably withheld or delayed.  
21. The Administrators and the Committee shall not knowingly allow any payments to be made out 
of the Fund which do not fall within the Purposes. 
22. Payments out of the Fund falling within the Purposes may be made by payments to Julian for 
the purpose of discharging or recouping any Expenses, or to his duly appointed representative 
on his behalf, or direct to a third party to whom Julian is bound to make any payment. including 
payments in settlement of fees or on account of fees. The receipt of Julian’s authorised 
representative or of such a third party shall be a full discharge to the Administrators. 
Winding-up and return of contributions 
23. Contributors are not entitled to the return of  any part of their contributions, except under 
paragraphs 25, 26 or 29.  
24. At the conclusion of all the Litigation, or if at any earlier time the Committee considers that the 
Fund is no longer needed, or for any other reason whatsoever that it ought to be wound up, the 
Committee may direct the Administrators to wind up the Fund. On a winding up of the Fund the 
Administrators shall prepare final accounts, and pay any outstanding expenses of the Fund, 
including a reserve for the costs of dealing with any surplus moneys in hand, but subject to 
paragraph 20 (Committee approval).  
25. The Administrators are irrevocably authorised by Julian on the winding up of the Fund to return 
surplus moneys to Contributors in such manner as the Committee considers to be fair and 
reasonable.  This may include (but is not limited to) returning moneys pro rata; or on the basis 
that earlier contributions were expended before later contributions; or only if the contribution 
was above or below a specified amount; or only to the extent it is efficient and practical to do 
so.  
26. The Administrators are also irrevocably authorised by Julian to return all or part of any surplus 
moneys to Contributors at any time if the Committee considers that the Fund is over-funded, 
following the same principles as in paragraph 25.  
27. An anonymous Contributor, or a Contributor who  has in the opinion of the Administrators 
indicated that they waive the right to repayment, will be treated as having irrevocably waived 
any right to return of their contribution.   
28. For the purpose of returning contributions, the Administrators will be entitled to contact 
Contributors at their last known email or postal address, on one occasion only, and to assume 
that any Contributor who does not respond within 21 days has irrevocably waived their right to 
a return of their contribution. 
29. If in any particular case the Committee considers that there are exceptional circumstances, the 
Administrators may return to a Contributor all or part of their contribution, notwithstanding 
paragraphs 23, 27 and 28.  4773217_1.DOC  v4  17 December 2010 
30. At the conclusion of the winding up of the Fund, and after the Administrators have returned 
surplus moneys to Contributors in accordance with paragraphs 25 to 29, Julian irrevocably 
undertakes to authorise, and he hereby authorises, the Administrators to pay any surplus moneys 
actually in their hands to such charities or not for profit organisations in any jurisdictions which 
have freedom of speech or freedom of information as a principal aim. But the Administrators 
may keep back a reserve out of those surplus moneys for so long as they think necessary to meet 
any claims of any kind against the Fund. 
31. For the avoidance of doubt, no Contributor may have returned to them more than the amount of 
their contribution, and any references to the return of surplus moneys by the Administrators 
refer only to surplus moneys actually in the hands of the Administrators.  
Governing Law etc 
32. These Terms are governed by English law and the Contributors, the Committee and the 
Administrators submit exclusively to the jurisdiction of the Courts of England. 
Clause headings 
33. The Overview and clause headings are for ease of reference only. They do not form part of these 
Terms or affect their meaning. 
These Terms copyright Finers Stephens Innocent LLP Solicitors © 2010

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