Open letter to the Nelson Mandela Foundation
To Whom It May Concern,
Re: Nelson Mandela Foundation 2025 Annual Lecture by Designated Individual Francesca Albanese
Having regard to the post on X social media by Tim Flack dated 22 October 2025 I am alarmed by the forthcoming event to be hosted by your Foundation.
https://x.com/tim_meh87/status/1980886954867634600
I write to draw your immediate attention to serious compliance concerns regarding the Nelson Mandela Foundation’s (“the Foundation”) hosting of Ms. Francesca Paola Albanese, currently serving as the United Nations Special Rapporteur on the situation of human rights in the Palestinian Territories, as speaker at your forthcoming Annual Lecture scheduled for October 25, 2025.
Dr. Naledi Pandor, the current chair of the Foundation, is the person responsible for inviting Ms F Albanese. Former foreign minister of South Africa and having spearheaded South Africa’s unjustified dispute against Israel in the International Court of Justice based on the Genocide Convention, Pandor has not distinguished herself as a paragon of peace and democracy, the pillars of the Foundation. She is a founding council member of The Coalition for Good, an online platform that constantly has promoted hate and incitement against the State of Israel and has publicly called for Jihad against Israel if necessary.
According to the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), Ms. F Albanese was designated as a Specially Designated National (SDN) on July 9, 2025, under Executive Order 14203. This designation imposes a comprehensive prohibition on all transactions and dealings by or through US persons, or within the United States, involving the property or interests in property of Ms. Albanese. The regulatory framework governing these sanctions derives from the International Emergency Economic Powers Act (50 USC §§ 1701–1707) and 31 C.F.R. Chapter V, as administered by OFAC. With effect from August 8, 2025, any transaction or service involving Ms. Albanese—directly or indirectly—constitutes a violation of US federal sanctions law.
- I. Legal Exposure of the Nelson Mandela Foundation
While the Foundation is incorporated in South Africa, it receives substantial financial and institutional support from US-based sources, including but not limited to:
- Ford Motor Company and Ford Foundation
- PepsiCo, Pfizer, Uber Technologies, General Electric, and American Tower Company
- Columbia University
- Open Society Foundations
- King Baudouin Foundation United States (Myriad USA), which serves as your 501(c)(3) fiscal conduit for US tax-deductible donations.
These entities, and the US citizens or corporate officers associated with them, are bound by OFAC regulations. If the Foundation proceeds with hosting or promoting an event in which Ms. Albanese participates, any contribution or operational funding originating from US sources that facilitates such participation may be construed as “facilitation” of a prohibited transaction, as defined under OFAC guidance (31 C.F.R. § 501.603 and related advisory opinions).
“Facilitation” includes any action that approves, finances, or otherwise enables a transaction with a sanctioned person, even indirectly or through non-US intermediaries. Hosting, platforming, or compensating an SDN—while utilizing US-derived funding or resources—falls squarely within this definition.
- Potential Consequences
Civil and Criminal Liability:
OFAC may impose civil penalties up to the greater of USD $356,579 per violation or twice the value of the transaction, and criminal prosecution is authorized for willful violations of US sanctions law. Penalties extend to non-US persons who cause or conspire to cause a US person to violate sanctions.
Loss of Funding Eligibility:
Should the Foundation proceed with this engagement, its eligibility to receive any future support—directly or indirectly—from US individuals, corporations, or charitable foundations may be compromised. US donors and corporate partners are legally obligated to suspend contributions or terminate relationships that risk sanctions exposure. This includes the Foundation’s US fundraising arm (Nelson Mandela America Fund of the King Baudouin Foundation United States / Myriad USA), which is subject to US jurisdiction and reporting requirements.
Reputational and Compliance Risks:
In addition to the statutory penalties, the reputational cost to the Foundation and its US-linked partners would be significant. Associations with designated individuals have historically triggered severe scrutiny under anti-terror financing, ESG, and compliance frameworks globally.
III. Recommended Immediate Action
The Foundation is strongly urged to immediately suspend Ms. Albanese’s participation in the scheduled event pending formal verification of her SDN status and to obtain written legal clearance from qualified US sanctions counsel before proceeding further. Failure to take prompt remedial action could expose both the Foundation and its affiliated donors to substantial regulatory and legal risk under US law.
- Notice
Please regard this letter as a notice in the public interest of potential exposure under US federal sanctions laws. Any continuation of the planned engagement with Ms. Albanese after receipt of this notice may be considered willful disregard of US law and OFAC regulations, thereby aggravating potential liability. Having notified you of the possible compliance repercussions and consequences on your US funders and sponsors, you should therefore ensure that they are immediately made aware of this letter.
I trust that the Foundation will treat this matter with the gravity it deserves and act swiftly to avoid unnecessary legal and reputational consequences. It goes without saying that the proposed invitation of a US-sanctioned person to South Africa may not be in the best interests of foreign relations between the USA and South Africa.
Yours respectfully,
L Nowosenetz