In a radio interview (Sid & Friends in the Morning) published on the State Department’s website, U.S. Secretary of State Marco Rubio said that the designation of the Muslim Brotherhood as a terrorist organisation is currently underway, while hinting at technical and legal difficulties related to the multiplicity of branches and the need to build a solid evidentiary record for each branch separately. This is the most reliable statement because it was issued officially through the U.S. State Department’s website (state.gov).
The Official Legal Path: How Is an Organization Classified as an FTO?*
The designation as a Foreign Terrorist Organization (FTO) has to be issued under Section 219 of the Immigration and Nationality Act, 8 U.S.C. §1189.The three basic conditions are:
- It must be a foreign entity.
- It must engage in “terrorist activity” or “terrorism.”
- Its activity must threaten the security of U.S. nationals or the national security of the United States.
The State Department explains the purpose and consequences on its official FTOs page, while Congressional Research Service (CRS) reports detailed procedures and review options.
Summary of Procedural Steps:
- Building the administrative record: The State Department compiles a file from classified and public sources (intelligence, law enforcement, open sources).
- Interagency consultation: Internal coordination with the Justice Department, Treasury, and other agencies.
- Secretary’s decision and notification to Congress: The Secretary decides and notifies Congress before publication in the Federal Register.
- Publication in the Federal Register: The designation becomes effective with immediate legal consequences.
- Judicial review: The designated entity can challenge the decision before the D.C. Circuit Court of Appeals within 30 days, under a narrow standard of review based on the administrative record. This was highlighted in cases involving PMOI/MEK.
Why Does Rubio Insist on a “Branch-by-Branch” Approach?
The Brotherhood is a global network with no unified legal or organizational structure; some branches are political parties or associations, others are independent local movements.Thus, the “scalpel not hammer” approach (branch-by-branch) reduces the risk of a court striking down a designation because of a generalization that does not meet the requirement of “terrorist activity” for the entire entity. Rubio’s statements align with this procedural logic.
What Happens After an FTO Designation?
Criminalization of “material support”: Under 18 U.S.C. §2339B, providing material support/resources (money, services, training, etc.) to a designated organization is punishable. This is one of the strongest prosecutorial tools.
Immigration and visa consequences: Entry bans/deportation for affiliates of the organization.
But freezing of assets is not automatic upon FTO designation. Usually, the government couples it with Treasury Department measures under Executive Order 13224 (SDGT) to impose asset freezes and financial transaction bans. This parallel track is run by OFAC and is often used together for maximum impact.
Parallel Path: Treasury Sanctions (OFAC / EO 13224)
The Treasury Department, in coordination with State and Justice, can list the entity (or its leaders/fronts) as Specially Designated Global Terrorists (SDGT), freezing assets under U.S. jurisdiction and criminalizing most transactions with them. This tool is relatively flexible and fast, used even when the FTO process is not yet completed. OFAC examples show differences between entities listed only as SDGTs and those doubly designated (SDGT + FTO), such as the Haqqani Network.
Where Does the Brotherhood Stand Today with the United States?
As of August 14, 2025, there is no comprehensive U.S. designation of the Brotherhood as a single entity.However, branches/entities engaged in armed violence have long been designated, such as Hamas (FTO since 1997), which is also subject to wide-ranging financial sanctions. This illustrates the U.S. authorities’ branch-based logic.
Rubio’s recent statements reopened the issue politically and in the media—with varied, sometimes critical coverage—but they do not change the legal reality: no comprehensive designation has yet been issued, and the process remains under administrative development.
Why Might the Process take long?
Burden of proof: The administrative record must show “terrorist activity” (in the legal sense) and a “threat” to U.S. national security for each targeted branch. Any gap could allow a court to suspend or overturn the decision. The MEK cases show how litigation can force the Department to reconsider or accelerate a decision.
Foreign policy entanglements: Designation affects relations with countries hosting or including Brotherhood-linked parties in politics. Hence, policymakers prefer gradual and selective steps.
Multiple legal tracks: Combining FTO and SDGT maximizes impact but doubles procedural requirements across State and Treasury.
What Might the “Timeline” Look Like if the Administration Moves Forward?
Near-term: Complete the administrative record and interagency consultations; nominate “easier cases” first (entities/fronts directly tied to documented violence). Then notify Congress and publish in the Federal Register.
Medium-term: Simultaneous financial listings via OFAC to cut entities and individuals off from the U.S. dollar financial system. Periodic updates in the Federal Register.
Longer-term: Potential judicial challenges before the D.C. Circuit; the review standard is narrow but strict regarding sufficiency of administrative evidence and due process. MEK precedents are a key reference here.
Sensitive Side Questions
Could the debate extend to domestic entities in the U.S.? The FTO statute targets “foreign entities.” Any talk of U.S.-based organizations falls outside §1189 and would shift—if attempted—to other legal avenues that have triggered strong civil society reactions.
Is mere “ideological affiliation” enough for designation? No. The §1189 standard focuses on terrorism-related activity and threat to national security, not on abstract ideological affiliation. This explains why Washington deals with branches/entities, not with “the idea” as a whole.
Where Are We Now?
Rubio confirmed publicly that work on the file is underway—but no final decision has yet been made.
The most realistic path is the branch-by-branch approach backed by a strong evidentiary record, combined with Treasury tools (EO 13224) to maximize financial impact.Any designation will likely face judicial scrutiny before the D.C. Circuit, and MEK precedents show that the courts can delay or reshape an administrative decision.
| Item | Current Status |
| Rubio’s statements | Designation “underway,” requiring precise legal reviews |
| Legal evidence | Each branch must be documented with a legally defensible “formula” |
| Proposed legislation | Congressional bills push toward official designation |
| Expected challenges | Lawsuits, internal disagreements, varying nature of branches |
