[House Document 114-16]
[From the U.S. Government Publishing Office]




114th Congress, 1st Session - - - - - - - - - - House Document 114-16

 
BLOCKING PROPERTY AND SUSPENDING ENTRY OF CERTAIN PERSONS CONTRIBUTING 
                     TO THE SITUATION IN VENEZUELA

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED DECLARING A NATIONAL 
 EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE 
NATIONAL SECURITY AND FOREIGN POLICY OF THE UNITED STATES POSED BY THE 
       SITUATION IN VENEZUELA, PURSUANT TO 50 U.S.C. 1701 ET SEQ




   March 10, 2015.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                           The White House,
                                         Washington, March 8, 2015.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order (the ``order'') 
declaring a national emergency with respect to the unusual and 
extraordinary threat to the national security and foreign 
policy of the United States posed by the situation in 
Venezuela. The order does not target the people of Venezuela, 
but rather is aimed at persons involved in or responsible for 
the erosion of human rights guarantees, persecution of 
political opponents, curtailment of press freedoms, use of 
violence and human rights violations and abuses in response to 
antigovernment protests, and arbitrary arrest and detention of 
antigovernment protestors, as well as the exacerbating presence 
of significant public corruption in that country. In addition 
to taking action under IEEPA, the order implements the 
Venezuela Defense of Human Rights and Civil Society Act of 2014 
(Public Law 113-278) (the ``Act''), which I signed on December 
18, 2014, and delegates certain of its authorities.
    The order blocks the property and interests in property of 
persons listed in an Annex to the order and would block the 
property and interests in property of any person determined by 
the Secretary of the Treasury, in consultation with the 
Secretary of State:
           to be responsible for or complicit in, or 
        responsible for ordering, controlling, or otherwise 
        directing, or to have participated in, directly or 
        indirectly, any of the following in or in relation to 
        Venezuela:
                   actions or policies that 
                undermine democratic processes or institutions;
                   significant acts of violence or 
                conduct that constitutes a serious abuse or 
                violation of human rights, including against 
                persons involved in antigovernment protests in 
                Venezuela in or since February 2014;
                   actions that prohibit, limit, or 
                penalize the exercise of freedom of expression 
                or peaceful assembly; or
                   public corruption by senior 
                officials within the Government of Venezuela;
           to be a current or former leader of an 
        entity that has, or whose members have, engaged in any 
        activity described in the order or of an entity whose 
        property and interests in property are blocked pursuant 
        to the order;
           to be a current or former official of the 
        Government of Venezuela;
           to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of:
                   a person whose property and 
                interests in property are blocked pursuant to 
                the order; or
                   an activity described in the 
                order; or
           to be owned or controlled by, or to have 
        acted or purported to act for or on behalf of, directly 
        or indirectly, any person whose property and interests 
        in property are blocked pursuant to the order.
    In addition, the order suspends entry into the United 
States of any alien listed in the Annex or determined to meet 
one or more of the above criteria.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA and relevant provisions of the Act as may be necessary 
to carry out the purposes of the order, other than the 
provision suspending entry into the United States of certain 
aliens, and to carry out the related provisions of the Act. I 
have delegated to the Secretary of State the authority to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA and relevant provisions of the Act as may be necessary 
to carry out the provision of the order and the Act suspending 
entry into the United States of certain aliens and the 
authority to issue waivers under the Act. All executive 
agencies are directed to take all appropriate measures within 
their authority to carry out the provisions of the order.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                                      Barack Obama.
                            Executive Order

                              ----------                              


Blocking Property and Suspending Entry of Certain Persons Contributing 
                     to the Situation in Venezuela

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.) (NEA), the Venezuela Defense of Human 
Rights and Civil Society Act of 2014 (Public Law 113-278) (the 
``Venezuela Defense of Human Rights Act'') (the ``Act''), 
section 212(f) of the Immigration and Nationality Act of 1952 
(8 U.S.C. 1182(f)) (INA), and section 301 of title 3, United 
States Code,
    I, BARACK OBAMA, President of the United States of America, 
find that the situation in Venezuela, including the Government 
of Venezuela's erosion of human rights guarantees, persecution 
of political opponents, curtailment of press freedoms, use of 
violence and human rights violations and abuses in response to 
antigovernment protests, and arbitrary arrest and detention of 
antigovernment protestors, as well as the exacerbating presence 
of significant public corruption, constitutes an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and I hereby declare a national 
emergency to deal with that threat. I hereby order:
    Section 1. (a) All property and interests in property that 
are in the United States, that hereafter come within the United 
States, or that are or hereafter come within the possession or 
control of any United States person of the following persons 
are blocked and may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in:
          (i) the persons listed in the Annex to this order; 
        and
          (ii) any person determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State:
                  (A) to be responsible for or complicit in, or 
                responsible for ordering, controlling, or 
                otherwise directing, or to have participated 
                in, directly or indirectly, any of the 
                following in or in relation to Venezuela:
                          (1) actions or policies that 
                        undermine democratic processes or 
                        institutions;
                          (2) significant acts of violence or 
                        conduct that constitutes a serious 
                        abuse or violation of human rights, 
                        including against persons involved in 
                        antigovernment protests in Venezuela in 
                        or since February 2014;
                          (3) actions that prohibit, limit, or 
                        penalize the exercise of freedom of 
                        expression or peaceful assembly; or
                          (4) public corruption by senior 
                        officials within the Government of 
                        Venezuela;
                  (B) to be a current or former leader of an 
                entity that has, or whose members have, engaged 
                in any activity described in subsection 
                (a)(ii)(A) of this section or of an entity 
                whose property and interests in property are 
                blocked pursuant to this order;
                  (C) to be a current or former official of the 
                Government of Venezuela;
                  (D) to have materially assisted, sponsored, 
                or provided financial, material, or 
                technological support for, or goods or services 
                to or in support of:
                          (1) a person whose property and 
                        interests in property are blocked 
                        pursuant to this order; or
                          (2) an activity described in 
                        subsection (a)(ii)(A) of this section; 
                        or
                  (E) to be owned or controlled by, or to have 
                acted or purported to act for or on behalf of, 
                directly or indirectly, any person whose 
                property and interests in property are blocked 
                pursuant to this order.
    (b) The prohibitions in subsection (a) of this section 
apply except to the extent provided by statutes, or in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the 
effective date of this order.
    Sec. 2. I hereby find that the unrestricted immigrant and 
nonimmigrant entry into the United States of aliens determined 
to meet one or more of the criteria in subsection 1(a) of this 
order would be detrimental to the interests of the United 
States, and I hereby suspend entry into the United States, as 
immigrants or nonimmigrants, of such persons, except where the 
Secretary of State determines that the person's entry is in the 
national interest of the United States. This section shall not 
apply to an alien if admitting the alien into the United States 
is necessary to permit the United States to comply with the 
Agreement Regarding the Headquarters of the United Nations, 
signed at Lake Success June 26, 1947, and entered into force 
November 21, 1947, or other applicable international 
obligations.
    Sec. 3. I hereby determine that the making of donations of 
the type of articles specified in section 203(b)(2) of IEEPA 
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to section 1 of this order would seriously impair my ability to 
deal with the national emergency declared in this order, and I 
hereby prohibit such donations as provided by section 1 of this 
order.
    Sec. 4. The prohibitions in section 1 of this order include 
but are not limited to:
    (a) the making of any contribution or provision of funds, 
goods, or services by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to this order; and
    (b) the receipt of any contribution or provision of funds, 
goods, or services from any such person.
    Sec. 5. (a) Any transaction that evades or avoids, has the 
purpose of evading or avoiding, causes a violation of, or 
attempts to violate any of the prohibitions set forth in this 
order is prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 6. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States;
    (d) the term ``Government of Venezuela'' means the 
Government of Venezuela, any political subdivision, agency, or 
instrumentality thereof, including the Central Bank of 
Venezuela, and any person owned or controlled by, or acting for 
or on behalf of, the Government of Venezuela.
    Sec. 7. For those persons whose property and interests in 
property are blocked pursuant to this order who might have a 
constitutional presence in the United States, I find that 
because of the ability to transfer funds or other assets 
instantaneously, prior notice to such persons of measures to be 
taken pursuant to this order would render those measures 
ineffectual. I therefore determine that for these measures to 
be effective in addressing the national emergency declared in 
this order, there need be no prior notice of a listing or 
determination made pursuant to section 1 of this order.
    Sec. 8. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including the promulgation of rules and regulations, 
and to employ all powers granted to the President by IEEPA and 
section 5 of the Venezuela Defense of Human Rights Act, other 
than the authorities contained in sections 5(b)(1)(B) and 5(c) 
of that Act, as may be necessary to carry out the purposes of 
this order, with the exception of section 2 of this order, and 
the relevant provisions of section 5 of that Act. The Secretary 
of the Treasury may redelegate any of these functions to other 
officers and agencies of the United States Government 
consistent with applicable law. All agencies of the United 
States Government are hereby directed to take all appropriate 
measures within their authority to carry out the provisions of 
this order.
    Sec. 9. The Secretary of State is hereby authorized to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA, the INA, and section 5 of the Venezuela Defense of 
Human Rights Act, including the authorities set forth in 
sections 5(b)(1)(B), 5(c), and 5(d) of that Act, as may be 
necessary to carry out section 2 of this order and the relevant 
provisions of section 5 of that Act. The Secretary of State may 
redelegate any of these functions to other officers and 
agencies of the United States Government consistent with 
applicable law.
    Sec. 10. The Secretary of the Treasury, in consultation 
with the Secretary of State, is hereby authorized to determine 
that circumstances no longer warrant the blocking of the 
property and interests in property of a person listed in the 
Annex to this order, and to take necessary action to give 
effect to that determination.
    Sec. 11. The Secretary of the Treasury, in consultation 
with the Secretary of State, is hereby authorized to submit the 
recurring and final reports to the Congress on the national 
emergency declared in this order, consistent with section 
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of 
IEEPA (50 U.S.C. 1703(c)).
    Sec. 12. This order is not intended to, and does not, 
create any right or benefit, substantive or procedural, 
enforceable at law or in equity by any party against the United 
States, its departments, agencies, or entities, its officers, 
employees, or agents, or any other person.
    Sec. 13. This order is effective at 12:01 a.m. eastern 
daylight time on March 9, 2015.

                                                      Barack Obama.
    The White House, March 8, 2015.