83 FR 55243 - Blocking Property of Additional Persons Contributing to the Situation in Venezuela

Executive Office of the President

Federal Register Volume 83, Issue 213 (November 2, 2018)

[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Presidential Documents]
[Pages 55243-55245]
From the Federal Register Online  [www.thefederalregister.org]
[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