[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Presidential Documents]
[Pages 55243-55245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24254]
[[Page 55241]]
Vol. 83
Friday,
No. 213
November 2, 2018
Part III
The President
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Executive Order 13850--Blocking Property of Additional Persons
Contributing to the Situation in Venezuela
Presidential Documents
Federal Register / Vol. 83 , No. 213 / Friday, November 2, 2018 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 55243]]
Executive Order 13850 of November 1, 2018
Blocking Property of Additional 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.),
section 212(f) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1182(f)) (INA), the Venezuela Defense
of Human Rights and Civil Society Act of 2014 (Public
Law 113-278), as amended (the Venezuelan Defense of
Human Rights Act), 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, and relied upon for additional
steps taken in Executive Order 13808 of August 24,
2017, Executive Order 13827 of March 19, 2018, and
Executive Order 13835 of May 21, 2018, particularly in
light of actions by the Maduro regime and associated
persons to plunder Venezuela's wealth for their own
corrupt purposes, degrade Venezuela's infrastructure
and natural environment through economic mismanagement
and confiscatory mining and industrial practices, and
catalyze a regional migration crisis by neglecting the
basic needs of the Venezuelan people, hereby order as
follows:
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be transferred, paid, exported, withdrawn, or otherwise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: any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
(i) to operate in the gold sector of the Venezuelan economy or in any other
sector of the Venezuelan economy as may be determined by the Secretary of
the Treasury, in consultation with the Secretary of State;
(ii) to be responsible for or complicit in, or to have directly or
indirectly engaged in, any transaction or series of transactions involving
deceptive practices or corruption and the Government of Venezuela or
projects or programs administered by the Government of Venezuela, or to be
an immediate adult family member of such a person;
(iii) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, any activity or transaction described in subsection (a)(ii) of
this section, or any person whose property and interests in property are
blocked pursuant to this order; or
(iv) 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 date of this
order.
[[Page 55244]]
Sec. 2. 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 the entry of such persons into the
United States, as immigrants or nonimmigrants, is
therefore hereby suspended. Such persons shall be
treated 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).
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 Executive Order
13692, 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:
(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, lawful permanent resident,
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 or to the Government of Venezuela 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. 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
[[Page 55245]]
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,
consistent with applicable law, redelegate any of these
functions within the Department of State.
Sec. 10. (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.
(Presidential Sig.)
THE WHITE HOUSE,
November 1, 2018.
[FR Doc. 2018-24254
Filed 11-1-18; 2:00 pm]
Billing code 3295-F9-P