[House Document 115-167]
[From the U.S. Government Publishing Office]
115th Congress, 2d Session - - - - - - - - - House Document 115-167
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO 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 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,
PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT.
1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 2, 2018.--Referred to the Committee on Foreign Affairs and
ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-011 WASHINGTON : 2018
The White House,
Washington, November 1, 2018.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the International Emergency
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.), I hereby
report that I have issued an Executive Order with respect to
Venezuela that takes 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.
The Executive Order I have issued blocks the property and
interests in property of 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, certain activities or
transactions described in the order, or any person whose
property and interests in property are blocked pursuant to the
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 the order.
I have authorized the Secretary of the Treasury, in
consultation with the Secretary of State, 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
carry out the purposes of the Executive Order.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
----------
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.
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 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.
Donald J. Trump.
The White House, November 1, 2018.
[all]