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
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.
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
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
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.
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
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
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
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.
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