The measure, announced at the end of May, comes into force this Friday; According to the US government, the objective is to cut off the flow of funds to these groups
The designation of the PCC (First Capital Command) and Red Command (CV) as Foreign Terrorist Organizations (FTO), the official journal of the US federal government.
The decision signed by Secretary of State Marco Rubio states that “there is sufficient factual basis” to conclude that the PCC and CV qualify as Foreign Terrorist Organizations pursuant to section 219 of the Immigration and Nationality Act.
Another publication in the official newspaper also formalizes the designation of the groups as Specially Designated Global Terrorists (SDGT).
“The individuals known as Primeiro Comando da Capital (also known as PCC) and Comando Vermelho are foreign citizens who have committed or attempted to commit, pose a significant risk of committing, or have participated in training to commit acts of terrorism that threaten the safety of US citizens or the national security, foreign policy or economy of the United States”, states the text, which was also signed by Marco Rubio.
What changes with the two designations
The designations are complementary and have different legal bases. The SDGT designation, in effect since May, is based on a presidential decree issued by George W. Bush following the September 11, 2001 attacks; does not require approval from the US Congress and freezes all assets and interests of groups under the control of US persons or entities.
The FTO designation, which goes into effect this Friday, has been in the Immigration and Nationality Act since 1996, requires notification to Congress and makes it a federal crime to provide “material support” to groups.
In practice, both designations allow the freezing of assets, prohibit transactions with the designated groups, prevent members from entering the US — who can be deported — and require US financial institutions to report any funds linked to the groups to the Treasury Department. Violations of these measures may result in civil and criminal sanctions.
The measure does not change Brazilian legislation. Unilateral designations by one country do not automatically affect the legal system of another: to come into force in Brazil, they would have to be incorporated through legislation, a ratified treaty or a binding UN Security Council resolution — none of these scenarios are currently underway in the country.
With this decision, the PCC and the CV were added to a list of more than 90 organizations designated as foreign terrorist groups by the US, along with groups such as Hamas, Hezbollah, Al-Qaeda and the Islamic State, as well as Latin American cartels such as the Sinaloa and Tren de Aragua cartels, which were included within the scope of the Trump administration’s offensive against drug trafficking in the region.
