Blocking Property of Additional Persons Contributing to the Situation in Venezuela

[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,

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:

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.

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.

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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).

nts 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:

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, 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

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]]

opriate 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