Prohibition on contracting with persons that have business operations with the maduro regime

(a)

Prohibition

Except as provided in subsections (b), (c), and (d), the head of an executive agency may not enter into a contract for the procurement of goods or services with any person that the head of an executive agency determines, with the concurrence of the Secretary of State, in consultation with the Director of the Office of Management and Budget, knowingly engages in significant business operations, as defined by the Secretary in consultation with the Director, with an authority of the Government of Venezuela that is not recognized as the legitimate Government of Venezuela by the United States. (b)

Exceptions

(1)

In general

The prohibition under subsection (a) does not apply to a contract that the Secretary of State, in consultation with the Director of the Office of Management and Budget, determines— (A)is necessary— (i)for purposes of providing humanitarian assistance to the people of Venezuela; (ii)for purposes of providing disaster relief and other urgent humanitarian aid or life-saving measures; or (iii)to carry out noncombatant evacuations; or (B)is in the national security interests of the United States. (2)

Support for united states government activities

The prohibition in subsection (a) shall not apply to contracts and agreements that support United States Government activities in Venezuela, including those necessary for the maintenance of United States Government facilities in Venezuela, or to contracts with international organizations. (3)

Notification requirement

The Secretary of State shall notify the appropriate congressional committees of any contract entered into on the basis of an exception provided for under paragraph (1), which may be submitted in a classified form, as appropriate. (c)

Office of foreign assets control licenses

The prohibition in subsection (a) does not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control. (d)

American diplomatic mission in venezuela

The prohibition in subsection (a) does not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. (e)

Exception for intelligence activities

The prohibition in subsection (a) does not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), any authorized intelligence activity of the United States, or any activity or procurement that supports an authorized intelligence activity. (f)

Waiver

The Secretary of State may waive the requirements of subsection (a) if the Secretary of State determines that to do so is in the national interest of the United States. (g)

Definitions

In this section: (1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives. (2)

Business operations

The term business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (3)

Executive agency

The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (4)

Government of venezuela

(A)The term Government of Venezuela includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela. (B)For purposes of subparagraph (A), the term agency or instrumentality of the Government of Venezuela means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to Venezuela. (5)

Person

The term person means— (A)a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B)any governmental entity or instrumentality of a government; and (C)any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (h)

Term of applicability

This section shall apply with respect to any contract entered into during the three-year period beginning on the date that is 180 days after the enactment of this Act.