PCC and CV operate in 12 US states, says Trump administration spokesperson

The Trump government claims to have detected the activities of the PCC (First Capital Command) and the CV (Red Command), which were designated as terrorist organizations, in 12 states in the United States.

The information was confirmed to CNN by the US State Department spokeswoman, Amanda Roberson, this Saturday (30).

The American representative did not detail the list of states with the presence of Brazilian factions and argued that this information is the responsibility of the judicial authorities.

Also according to Roberson, the Trump administration assesses that the CV and the PCC "are two of the most violent criminal organizations in Brazil".

"His influence and illicit networks extend far beyond Brazil's borders, throughout our region and even into our country," he said.

"The Trump administration will continue to use every tool available to protect our nation and our national security interests by keeping illicit drugs off our streets and disrupting the revenue streams that fund violent terrorists," he added.

US designation criminalizes support for the PCC and CV and targets financial network
The Trump administration's announcement about the designation of the PCC and CV as terrorist organizations was made on the legal basis of two distinct and complementary forms of classification: Foreign Terrorist Organization (FTO) and Specially Designated Global Terrorists (SDGT).

What is the difference between these two forms of classification and impacts?

Analysis: US designation limits cooperation against PCC and CV | H TIME

Designation "Terrorist Organization" criminalizes support for the CCP and CV
The classification of a foreign group as an FTO (Foreign Terrorist Organization) is a prerogative of the US State Department.

This legal instrument - provided for in Section 219 of the so-called "Immigration and Nationality Act" - was established by the American Congress in 1996.

The measure emerged in the context of the 1995 Oklahoma City attack - the deadliest terrorist act in the country until the Twin Towers, which generated national pressure to tighten anti-terrorism legislation.

For an organization to be classified as an FTO, the US Department of State must assess that the group meets three criteria:

- Be a foreign organization;
- Engage in "terrorist activity," "terrorism" or maintain the "ability and intent to engage in terrorist activity or terrorism";
- Threaten the safety of U.S. citizens or the "national defense, foreign relations, or economic interests of the United States."

After the announcement about the PCC and the CV, the American Congress has seven days to analyze the designation. If the deadline expires and parliamentarians do not act to block the measure, the classification will be published in the Federal Register (equivalent to the Brazilian Official Gazette).

Among the practical implications, the classification makes it a federal crime for a person in the United States to provide "material support or resources" to an FTO organization.

After classifying PCC and CV as terrorists, can the USA attack Brazil? | OUT OF ORDER

The law firm WilmerHale highlights that third parties can be the target of criminal investigations and prosecutions for providing support to FTOs with convictions that can reach life in prison in certain cases and fines in the range of US$1 million.

The designation also allows U.S. citizens injured by an act of terrorism to sue those who assist an FTO for damages.

In addition, members of groups classified as FTO who are foreign nationals are prohibited from entering the US and may be deported.

The designation also requires any U.S. financial institution that becomes aware of holding funds from an FTO to report to the Treasury Department. And the Treasury Secretary can demand the blocking of transactions involving these assets. The economic effects are complemented with the second terrorist classification.

PCC and CV classified as terrorist threats or help to security? | THE GREAT DEBATE

"Global Terrorist" designation freezes CCP and CV assets in the US
The second classification announced by Rubio, SDGT (Specially Designated Global Terrorists), is a prerogative of both the State Department and the US Treasury Department.

It is based on decree 13224, which was signed by then President George W. Bush days after the attack on the Twin Towers on September 11, 2001.

Unlike the FTO, in addition to terrorist groups, this designation can also affect individuals and entities. Furthermore, unlike the FTO, the SDGT designation eliminates the need for review by the American Congress, that is, it comes into effect immediately after the announcement is formalized.

The requirements listed for the SDGT designation include the U.S. government assessing that the target has "committed or poses a risk of committing acts of terrorism that threaten the safety of U.S. citizens or U.S. national security, foreign policy, or economy."

Groups or individuals may also be designated that are considered "controlled by" a terrorist group or that have "assisted, sponsored or provided financial, material or technological support" or "services of another nature".

PCC and Red Command are classified as terrorist organizations by the USA | H TIME

In practice, as the State Department details, the SDGT designation provides that "all assets and interests in assets of designated individuals or entities that are in the United States, entering the United States, or in the possession or control of U.S. persons, are blocked."

The measure also prohibits "any transaction or negotiation" with people or groups affected by the designation - even outside U.S. jurisdiction.

"Non-U.S. persons who engage in prohibited transactions or dealings subject to U.S. jurisdiction with SDGTs may be subject to civil or criminal sanctions and may also be at risk of being sanctioned by OFAC (Office of Foreign Assets Control)," highlights the Treasury Department.

"Foreign financial institutions may also be subject to correspondent banking and payment account sanctions if they knowingly facilitate significant transactions for or on behalf of an SDGT," it concludes.

Brazilians linked to PCC and CV could be subject to US sanctions; understand

Source: CNN