, 12747-12751 [2015-05677]
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Presidential Documents
Federal Register
Vol. 80, No. 47
Wednesday, March 11, 2015
Title 3—
Executive Order 13692 of March 8, 2015
The President
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withdrawn, or otherwise dealt in: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
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(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
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Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Presidential Documents
(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;
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(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
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Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Presidential Documents
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.
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)).
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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.
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Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Presidential Documents
Sec. 13. This order is effective at 12:01 a.m. eastern daylight time on March
9, 2015.
THE WHITE HOUSE,
March 8, 2015.
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Billing Code 3295–F5–P
Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 / Presidential Documents
12751
ANNEX
´
1. Antonio Jose 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 Gonzalez Lopez [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 Jose 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 Perez Urdaneta [Director of the National Police; born
May 26, 1962]
´
6. Manuel Gregorio Bernal Martınez [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]
[FR Doc. 2015–05677
Filed 3–10–15; 8:45 am]
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Billing Code 4811–33–P
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]]>Agencies
[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)]
[Presidential Documents]
[Pages 12747-12751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05677]
[[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]
[FR Doc. 2015-05677
Filed 3-10-15; 8:45 am]
Billing Code 4811-33-P
