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

[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)]

[Presidential Documents]

[Pages 12747-12751]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2015-05677]

Presidential Documents

Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 12747]]

Executive Order 13692 of March 8, 2015

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, co

rsecution 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

(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

[[Page 12748]]

(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.

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.

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:

oids, 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

[[Page 12749]]

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

[[Page 12749]]

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.

y 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.

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.

[[Page 12750]]

Sec. 13. This order is effective at 12:01 a.m. eastern

daylight time on March 9, 2015.

(Presidential Sig.)

THE WHITE HOUSE,

March 8, 2015.

Billing Code 3295-F5-P

[[Page 12751]]

ANNEX

loyees, or agents, or any

other person.

[[Page 12750]]

Sec. 13. This order is effective at 12:01 a.m. eastern

daylight time on March 9, 2015.

(Presidential Sig.)

THE WHITE HOUSE,

March 8, 2015.

Billing Code 3295-F5-P

[[Page 12751]]

ANNEX

1. Antonio Jos[eacute] Benavides Torres [Commander

of the Central Integral Strategic Defense Region of the

National Armed Forces, former Director of Operations

for the National Guard; born June 13, 1961]

2. Gustavo Enrique Gonz[aacute]lez L[oacute]pez

[Director General of the National Intelligence Service

and President of the Strategic Center of Security and

Protection of the Homeland; born November 2, 1960]

3. Justo Jos[eacute] Noguera Pietri [President of

the Venezuelan Corporation of Guayana, former General

Commander of the National Guard; born March 15, 1961]

4. Katherine Nayarith Haringhton Padron [National

Level Prosecutor of the 20th District Office of the

Public Ministry; born December 5, 1971]

5. Manuel Eduardo P[eacute]rez Urdaneta [Director

of the National Police; born May 26, 1962]

6. Manuel Gregorio Bernal Mart[iacute]nez [Chief of

the 31st Armored Brigade of Caracas, former Director

General of the National Intelligence Service; born July

12, 1965]

7. Miguel Alcides Vivas Landino [Inspector General

of the National Armed Forces, former Commander of the

Andes Integral Strategic Defense Region of the National

Armed Forces; born July 8, 1961]

Brigade of Caracas, former Director

General of the National Intelligence Service; born July

12, 1965]

7. Miguel Alcides Vivas Landino [Inspector General

of the National Armed Forces, former Commander of the

Andes Integral Strategic Defense Region of the National

Armed Forces; born July 8, 1961]

[FR Doc. 2015-05677

Filed 3-10-15; 8:45 am]

Billing Code 4811-33-P