[size=32]What are the actual consequences of the classification of the Revolutionary Guards as a terrorist organization?
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On April 8, US President Donald Trump announced the inclusion of Iran's Islamic Revolutionary Guards Corps on the list of foreign terrorist organizations of the US State Department. This classification, which comes into force on 15 April, represents the latest escalation of the US administration's "maximum pressure" campaign, which targets Iran's malicious activities. But it is also a step that carries many messages but few practical pros. The Revolutionary Guards were previously classified by the US Treasury Department's counter-proliferation authorities (Executive Order 13382) in 2007, then again by human rights abuses - along with the Basij, "Law enforcement forces" - under Executive Order No. 13553 in 2011.
In other words, the US Treasury officially designated the Iranian Revolutionary Guards as a terrorist organization, and repeated the move on 8 April, but on the State Department's list under another authority, paragraph 219 of the Immigration and Nationality Act.
The only new authorities added by the classification of foreign terrorist organizations of the US Department of State outside those found mainly in official documents are:
(1) the inclusion of foreign terrorist organizations imposes restrictions on immigration on members of the organization simply because they belong to them, so that anyone who once belonged to the Revolutionary Guards can be prevented from entering the United States,
(2) The inclusion of foreign terrorist organizations leads to a criminal ban on the provision of material support or resources by prior knowledge to the classified organization.
Supporters of the classification of foreign terrorist organizations say the move will prompt countries and companies considering the idea of doing business with Iran to reconsider, because Iran's Revolutionary Guard is deeply rooted in Iran's economy. It remains unclear, however, how the classification of foreign terrorist organizations will actually enhance the risk of the current sanctions of doing business with Iran. The Revolutionary Guard was not only included by the US treasury authorities, but the EU also banned economic dealings with the Revolutionary Guard as a whole in 2010. This was not changed when the 2015 nuclear agreement, formally known as the " Comprehensive joint action ».
While the consequences of the sanctions on business with the IRGC have begun to unfold with previous ratings, the classification of foreign terrorist organizations presents businessmen with criminal charges for providing material support to terrorists under US law (the Anti-Terrorism and Enforcement Act The actual death penalty, section 18 of the United States Code of Laws 2339 (b) if they "deliberately" engage in business with the Revolutionary Guard. As the role of the IRGC in the Iranian economy is ambiguous, it may be difficult to prove "material support deliberately".
Most importantly, such persons had already been criminally responsible even before the inclusion of foreign terrorist organizations. Any person who deliberately "acts on behalf" of an entity classified by the US Treasury - as in the case of the Revolutionary Guard - will be criminally liable under the International Economic Emergency Act (USC § 50, Section 1701 et seq.). The classification of foreign terrorist organizations now enhances the charge of providing material support to a terrorist group, but the effects are the same. The exposure to criminal liability under the International Economic Emergency Law can only be applied if there is sufficient regional link with the United States. Criminal liability for material support under the classification of foreign terrorist organizations includes action specific to activities beyond the borders of the country.
In the meantime, the value of including foreign terrorist organizations as a form of maximum pressure must be measured and balanced against the increasing risks on several fronts.
First, the threat to US military and diplomatic forces. It is true that Iran is already closely monitoring potential targets and has planned to assassinate a number of Iranian dissidents in Europe and many other steps. But the classification of the Revolutionary Guard with all its wings beyond the scope of the Quds Force alone, as a foreign terrorist organization, enhances the possibility of the group carrying out terrorist or military attacks.
Second, this is the first time that an agency of a foreign government has been listed as a foreign terrorist organization. This may prompt other Governments to follow the example of the United States and apply their mutual ratings to US agencies or other allied government agencies.
Thirdly, it is certain that the inclusion will put the close allies of the United States in a difficult position and complicate any collective action aimed at Iran that would be more effective than the inclusion of the Revolutionary Guard as a terrorist organization, similar to a joint US- Ballistic missiles. The inclusion of foreign terrorist organizations may also prove to be a destabilizing factor for Iraq, which is buying energy from Iran by necessity, thereby undermining a major US foreign policy objective in the region.
Finally, the inclusion of the IRGC as a foreign terrorist organization threatens to further undermine US unilateral sanctions powers. As unilateral US sanctions are considered politicized rather than technocratic, these powers can be weakened in the eyes of countries all over the world - as well as in financial and commercial communities within the private sector.
When announcing the inclusion of foreign terrorist organizations, President Trump said: "This move will greatly expand the range and scale of our maximum pressure campaign against the Iranian regime. It clearly illustrates the risks of doing business with or providing support to Iran's Revolutionary Guards. If you do business with the IRGC, you finance terrorism. " In fact, these risks were essentially clear. When the US Treasury Department classified the Revolutionary Guards under the counterterrorism authorities in 2017, US Treasury Secretary Stephen Menuchin said: "We urge the private sector to recognize that the IRGC is pervasive in many aspects of the Iranian economy and who deal with companies under the control of the" Revolutionary Guards "risk a lot". So the message is not new and the new classification does not exert much additional pressure.
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