The designation of Primeiro Comando by Capital (PCC) and Comando Vermelho (CV) as Organizações Terroristas Estrangeiras (FTO) was published this Friday (5) in Federal Register, the official gazette of the federal government of Estados Unidos. The measure, announced at the end of May, seeks to intensify the fight against the flow of resources that supply the factions.
Essa formalization, signed by the secretary of Estado Marco Rubio, establishes that there is sufficient evidence to classify the PCC and CV within section 219 of Lei of Imigração and Nacionalidade. An additional publication in the official gazette also reiterates the classification of the groups as Terroristas Globais Especialmente Designados (SDGT), expanding the scope of applicable sanctions.
Formalização of the measure and legal bases
The American government justified the designations by stating that the PCC and CV are foreigners who have already committed or attempted to commit acts of terrorism. Além furthermore pose a significant risk of perpetrating such actions or have participated in training to commit them. Essas’s activities, according to the text signed by Marco Rubio, directly threaten the safety of US citizens, national security, foreign policy or the economy. The decision aims to protect the country’s vital interests against the expansion and financing of these criminal groups. Publication on Federal Register marks the beginning of the official validity of sanctions linked to the FTO classification.
The determination underlines the seriousness with which Washington views the transnational actions of these Brazilian factions. US authorities have been monitoring the expansion of PCC and CV operations, including a presence in 12 US states, according to previous statements from spokespeople. Este diplomatic and legal movement reinforces the commitment to dismantle the financial and operational networks that support global terrorism.
Diferenças between FTO and SDGT and its implications
The two classifications — Organizações Terroristas Estrangeiras (FTO) and Terroristas Globais Especialmente Designados (SDGT) — are complementary and based on different legislation. The SDGT designation, which has been in effect since May, is based on a decree issued by former president George W. Bush after the attacks of September 11, 2001. Esta classification allows the blocking of all assets and interests of factions that are under the jurisdiction of American persons or entities, eliminating the need for Congresso approval.
On the other hand, the FTO designation, which becomes effective this Friday, is provided for in Lei of Imigração and Nacionalidade of 1996. SDGT’s Diferentemente, the FTO requires formal notification to the American Congresso and makes any type of provision of “material support” to these groups a federal crime. Essa legal distinction allows for a wider range of actions, both civil and criminal, against individuals and entities that collaborate with the PCC and the CV. The notification process to Congresso aims to ensure transparency and the legislative basis for rigorous application of the new guidelines.
Sanções and bans imposed on factions
With the officialization of the classifications, a series of sanctions and practical prohibitions are activated, with the aim of strangling the operational and financial capacity of the PCC and the CV in the Estados Unidos and globally. The measures are comprehensive and affect both the financial assets and the movement of members of these organizations.
The main changes are:
- Asset Congelamento:Todos the assets and financial interests of factions that are under the control of people or entities in the US will be blocked.
- Transaction Proibição:Fica prohibited any financial or commercial transactions with the designated groups.
- Incoming Veto:Integrantes from PCC and CV will be denied entry to Estados Unidos and may be deported if they are already in the country.
- Relato required:Instituições American financial institutions are required to report any faction-linked funds to Departamento of Tesouro.
- Criminalização material support:Providing “material support” to groups becomes a federal crime, subject to severe civil and criminal penalties.
Essas bans aim to decapitalize and disorganize the factions’ operations, hindering their logistics and expansion. The rigor of the measures reflects the concern for the country’s internal and external security.
Repercussão on Brasil and list of assigned groups
Apesar of the importance of the measure for the USA, the decision does not automatically generate changes to Brazilian legislation. Classificações unilateral actions from one country do not have direct effects on the legal system of other nations. Para that the American designations were valid in the Brasil, it would be essential to incorporate them through a specific law, ratified international treaty or binding resolution of the UN Conselho of Segurança. Atualmente, none of these hypotheses are under discussion or ongoing in the country, keeping the legal status of the factions unchanged in the national territory.
With their inclusion, the PCC and CV join a list made up of more than 90 organizations that the US considers foreign terrorists. Essa relationship includes high profile global groups such as Hamas, Hezbollah, Al Qaeda and Estado Islâmico. Também includes notorious Latin American cartels on the list, such as Sinaloa and Tren of Aragua, which were designated under pressure from the administration of former president Donald Trump in the fight against drug trafficking in the region. The inclusion of Brazilian factions in this list demonstrates the equivalence of their activities to global terrorism from an American perspective.