Appendix A to Part 591 - Executive Order 13692
31:3.1.1.1.38.8.1.2.26 : Appendix A
Appendix A to Part 591 - Executive Order 13692 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, 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may not be transferred, paid, exported, withdrawn, or otherwise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
(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
(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.
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.
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:
(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 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.
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.
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.
Sec. 13. This order is effective at 12:01 a.m. eastern daylight
time on March 9, 2015.
Barack Obama THE WHITE HOUSE, March 8, 2015 Annex 1. Antonio José
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 González López [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 José 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 Pérez Urdaneta
[Director of the National Police; born May 26, 1962] 6. Manuel
Gregorio Bernal Martínez [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]