[House Document 116-56]
[From the U.S. Government Publishing Office]
116th Congress, 1st Session - - - - - - - - - - House Document 116-56
BLOCKING PROPERTY OF THE GOVERNMENT OF VENEZUELA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER WITH RESPECT TO VENEZUELA THAT TAKES ADDITIONAL
STEPS WITH RESPECT TO THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE
ORDER 13692, AS AMENDED, AS RELIED UPON FOR ADDITIONAL STEPS TAKEN IN
SUBSEQUENT EXECUTIVE ORDERS, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW
95-223 SEC. 204(b); (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC LAW
94-412, SEC. 401(b); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 9, 2019.--Referred jointly to the Committees on Foreign Affairs
and the Judiciary, and ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
89-011 WASHINGTON : 2019
The White House,
Washington, August 5, 2019.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 212(f) of the
Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and
section 301 of title 3, United States Code, I hereby report
that I have issued an Executive Order taking additional steps
with respect to the national emergency declared in Executive
Order 13692, as amended, as relied upon for additional steps
taken in subsequent Executive Orders.
I have determined that it is necessary to block the
property of the Government of Venezuela in light of the
continued usurpation of power by the illegitimate Nicolas
Maduro regime, as well as the regime's human rights abuses,
arbitrary arrest and detention of Venezuelan citizens,
curtailment of free press, and ongoing attempts to undermine
Interim President Juan Guaido of Venezuela and the
democratically-elected Venezuelan National Assembly.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
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Blocking Property of the Government of 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.), section 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, in order to take additional steps with respect to the
national emergency declared in Executive Order 13692 of March
8, 2015 (Blocking Property and Suspending Entry of Certain
Persons Contributing to the Situation in Venezuela), as
amended, as relied upon for additional steps taken in
subsequent Executive Orders, and in light of the continued
usurpation of power by Nicolas Maduro and persons affiliated
with him, as well as human rights abuses, including arbitrary
or unlawful arrest and detention of Venezuelan citizens,
interference with freedom of expression, including for members
of the media, and ongoing attempts to undermine Interim
President Juan Guaido and the Venezuelan National Assembly's
exercise of legitimate authority in Venezuela, hereby order:
Section 1. (a) All property and interests in property of
the Government of Venezuela 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 are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
(b) 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: any person determined by the Secretary of
the Treasury, in consultation with the Secretary of State:
(i) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person included on the list of Specially Designated
Nationals and Blocked Persons maintained by the Office
of Foreign Assets Control whose property and interests
in property are blocked pursuant to this order; or
(ii) 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.
(c) The prohibitions in subsections (a)-(b) 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. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more
of the criteria in section 1(b) of this order would be
detrimental to the interests of the United States, and entry of
such persons into the United States, as immigrants or
nonimmigrants, is hereby suspended, except when the Secretary
of State determines that the person's entry would not be
contrary to the interests of the United States, including when
the Secretary so determines, based on a recommendation of the
Attorney General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State shall
consult the Secretary of Homeland Security on matters related
to admissibility or inadmissibility within the authority of the
Secretary of Homeland Security. Such persons shall be treated
in the same manner as persons covered by section 1 of
Proclamation 8693 of July 24, 2011 (Suspension of Entry of
Aliens Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act Sanctions). The
Secretary of State shall have the responsibility for
implementing this section pursuant to such conditions and
procedures as the Secretary has established or may establish
pursuant to Proclamation 8693.
Sec. 3. The prohibitions in section 1 of this order
include:
(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. 4. (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. 5. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business
of the Federal Government by employees, grantees, or
contractors thereof; or
(b) transactions related to the provision of articles such
as food, clothing, and medicine intended to be used to relieve
human suffering.
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; and
(d) the term ``Government of Venezuela'' includes the state
and Government of Venezuela, any political subdivision, agency,
or instrumentality thereof, including the Central Bank of
Venezuela and Petroleos de Venezuela, S.A. (PdVSA), any person
owned or controlled, directly or indirectly, by the foregoing,
and any person who has acted or purported to act directly or
indirectly for or on behalf of, any of the foregoing, including
as a member of the Maduro regime. For the purposes of section 2
of this order, the term ``Government of Venezuela'' shall not
include any United States citizen, any permanent resident alien
of the United States, any alien lawfully admitted to the United
States, or any alien holding a valid United States visa.
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
Executive Order 13692, 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 promulgating rules and regulations, and to
employ all powers granted to the President by IEEPA as may be
necessary to implement this order. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions within the Department of the Treasury. All
agencies of the United States Government shall take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 9. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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. 10. This order is effective at 9:00 a.m. eastern
daylight time on August 5, 2019.
Donald J. Trump.
The White House, August 5, 2019.
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