WT/DS574/2/Rev.1  
16 March  2021 
(21-2189) Page: 1/4 
 Original:  Spanish  
 
  
UNITED STATES – MEASURES RELATING TO TRADE IN GOODS AND SERVICES  
REQUEST FOR THE ESTABLISHMENT OF A PANEL BY VENEZUELA  
Revision  
The following communication, received on  15 March  2021, from the delegation of Venezuela to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
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On 28  December  2018, the Government  of the Bolivarian Republic of Venezuela requested the 
holding of consultations with the Government  of the United States pursuant to Article  4 of the 
WTO Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"),  
Article  XXIII of the General Agreement on Tariffs and Trade 1994 ("GATT  1994") and A rticle XXIII 
of the General Agreement on Trade in Services ("GATS") . This request was circulated to 
WTO Members on 8  January  2019 as document WT/DS574/1, "United States – Measures relating to 
trade in goods and services".  
 
On 25  February  2019, the United S tates informed the Government  of the Bolivarian Republic of 
Venezuela that it was refusing its request for  consultations . 
 
The Government of the Bolivarian Republic of Venezuela therefore hereby requests that a panel be  
establish ed in accordance with Artic le 6 of the DSU and Article  XXIII:2 of the GATT 1994 . The 
Government of the Bolivarian Republic of Venezuela intends to put forward suggestions regarding 
the information that should be sought under this procedure once the panel is established.  
 
The measures that are the subject of this request are certain coercive and trade -restrictive 
measures, (i) consist ing of inclusion on blacklists ; and in relation to (ii) the sovereign debt market ; 
and (iii) digital currency, imposed by the United States on  the Bolivarian Republic of Venezuela in 
an attempt to isolate it economically . The measures include the following:  
 
Statutes : 
 
(a) Venezuela Defense of Human Rights and Civil Society Act of 2014 ("VDHRA");  
 
(b) International Emergency Economic Powers Act  ("IEEPA" ), 50 U.S.C §§ 1701 -1706; and 
 
(c) National Emergencies Act ("NEA"), 50 U.S.C. §§ 1601 -1651.  
 
Regulations : 
 
(d) 31 CFR Part 591 – Venezuela Sanctions Regulations ("VSR").  
 
Executive Orders : 
 
(e) Executive Order 13692 Blocking Property  and Suspending Entry of Certain  Persons 
Contributing to the Situation in Venezuela (8  March  2015);  
 WT/DS574/2/Rev.1  
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  (f) Executive Order 13808 Imposing Additional Sanctions with Respect to the Situation in 
Venezuela (24  August  2017);  
(g) Executive Order 13827 Taking Additional Steps to Address the Situation in Venezuela 
(19 March  2018);  
 
(h) Executive Order 13835 Prohibiting Certain Additional Transactions with Respect to 
Venezuela (2 1 May 2018);  
 
(i) Executive Order 13850 Blocking Property of Additional Persons Contributing to the 
Situation in Venezuela (1 November  2018) ; and 
 
(j) Executive Order 13857 Taking Additional Steps to Address the National Emergency with 
Respect to Venezuela (2 8 January  2019).  
 
The measures, and any amendment thereto, are inconsistent with the United States' obligations 
under Articles I:1, II:1, III:4, V:2, X:3, XI:1 and XIII:1 of the GATT  1994, and violate the 
United  States' commitments under Articles II:1, XVI:2 and XVII:1 of the GATS.  
 
The statutes, regulations and administrative procedures of the United States, and any amen dment  
thereto , as listed above, are inconsistent as such with these provisions.  
 
1. Discriminatory measures with respect to goods of Venezuelan origin . Adopted pursuant to  
the VDHRA, the IEEPA, Executive Order 13692 and the VSR, in violation of:  
 
i Article I:1 of the GATT  1994, because they accord to products of Venezuelan origin 
treatment less favourable than that accorded to products of WTO Member countries that 
are not subject to the coercive and trade -restrictive measures . More specifically, in 
comparison to  goods  from WTO Member countries not subject to the coercive 
trade -restrictive measures, Venezuelan goods  face, on account of these measures, a 
greater regulatory burden in terms of conditions governing importation, as well as 
restrictions on who can perfo rm th e import function, and unfair market opportunities 
once importation has taken place . All of this denies Venezuelan goods the equality of 
opportunities guaranteed by Article I:1 of the GATT;  
 
ii Article III:4 of the GATT  1994, because they accord to products of Venezuelan origin 
treatment less favourable than that accorded to products of US origin . In comparison to 
products of US origin, products of Venezuelan origin face greater regulatory burden s and 
unfair market opportunities as a result of these coercive measures  restrict ing trade; 
 
iii Article V:2 of the GATT  1994, because they require the detention and seizure of certain 
goods transiting through the territory of the United States to another WTO  Member 
country ; and 
 
iv Article XI:1 of the GATT  1994, as they operate as specific prohibitions on importation 
and exportation between the United States and the Bolivarian Republic of Venezuela, 
and constitute prohibited quantitative restrictions on the impor tation of products of the 
territory of a Member and on the exportation of products destined for the territory of 
another Member . In addition, even if the coercive trade -restrictive measures imposed 
on the Bolivarian Republic of Venezuela  by the United Stat es were not prohibited as 
quantitative restrictions, they would violate Article XIII:1 of the GATT  1994, inasmuch 
as like products of third -country WTO Members are not subject to equivalent 
prohibitions.  WT/DS574/2/Rev.1  
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  2. Discriminatory measures with respect to Venezuelan g old, established in Executive 
Order  13850.  
 
The discriminatory and coercive trade -restrictive measures relating to gold from the 
Bolivarian  Republic of Venezuela, established in Executive Order 13850, prohibit trade in Venezuelan 
gold in the United States and by United States persons . The measures in question are inconsistent 
with the United States' obligations under various provisions of the GATT 1994,  including,  in 
particular, the following:  
 
v Article I:1 of the GATT 1994, because they allow for the acquisition of Venezuelan gold 
with treatment less favourable than that accorded to gold for WTO  Members not subject 
to the coercive trade -restrictive measures;  
 
vi Article II:1(a) and (b) of the GATT 1994, because they accord to the commerce of 
Venezuela tre atment less favourable than that provided for in the relevant  Part of the 
United  States Schedule of Concessions;  
 
vii Article III:4 of the GATT 1994, because the United States does not accord Venezuelan 
gold treatment no less favourable than that accorded to l ike products from the 
United  States;  
 
viii Article X:3(a) of the GATT 1994, because the United States has not administered laws, 
regulations, decisions and rulings in relation to the measures in question in a uniform, 
impartial and reasonable manner ; and 
 
ix Article XI:1 of the GATT 1994, because, through the measures in question, the 
United  States has instituted a prohibition and, therefore, restrictions other than tariffs , 
taxes or other charges, on the importation of products of the territory of the 
Bolivarian  Republic of Venezuela.  
 
3. Discriminatory coercive trade-restrictive measures with respect to the liquidity of the 
Venezuelan debt, adopted pursuant to Executive Orders 13808, 13827 and 13835.  
 
x Given that the United States has undertaken to liberal ize the financial services sector in 
its Schedule, it cannot maintain or adopt the measures described in Article XVI:2(a) -(f) 
of the GATS with respect to financial services, unless it has reserved the right to do so 
in its Schedule . Even if the United Stat es, in its Schedule, appears to have reserved the 
right to adopt such measures in certain modes of supply, it has not reserved the right 
to adopt such measures in all modes of supply . Given that the coercive trade -restrictive 
measures of the United States constitute prohibited measures under Article  XVI:2(a) 
and (b)  in all modes of supply, they violate Article XVI:2 of the GATS.  
 
4. Discriminatory coercive trade -restrictive measures with respect to transactions in 
Venezuelan digital currency, adopted pursuant  to Executive Orders 13808, 13827 and 
13835.  
 
xi The coercive trade-restrictive measures of the United States to which Venezuelan 
financial services and financial service suppliers are subject, under which suppliers 
receive less favourable treatment than that accorded to like services and service 
supplier s of WTO Member States not subject to the measures, are in violation of 
Article  II:1 of the GATS . Furthermore, inasmuch as digital currencies originating in the 
United States are not subject to the same prohibi tions as Venezuelan digital currencies, 
the United States accords less favourable treatment to Venezuelan financial services and 
service suppliers than to like domestic financial services and service suppliers, in 
violation of Article  XVII:1 of the GATS.  
 
5. The discriminatory coercive measures restricting trade with respect to certain Venezuelan 
persons and prohibiting the provision and receipt of services by these persons, adopted 
pursuant to the VDHRA, the IEEPA and the VSR, violate Article  II:1 of the GATS  inasmuch 
as they accord less favourable treatment to Venezuelan services and service suppliers.  
 WT/DS574/2/Rev.1  
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  The above -mentioned measures at issue in this dispute appear to nullify or impair the benefits 
accruing to the Bolivarian Republic of Venezuela (1)  directly o r indirectly under the agreements cited, 
and (2)  under the United States' specific commitments under the GATS within the meaning of 
Article  XXIII:3 of the GATS.  
 
In addition to, and irrespective of, the multiple violations of WTO obligations identified abo ve, the 
Bolivarian Republic of Venezuela considers that, as a result of the application of the measures in 
question, the attainment of the objectives of the GATT 1994 is being impeded within the meaning 
of Article  XXIII:1(b) of the GATT 1994.  
 
The Bolivarian Republic of Venezuela submitted its request for the establishment of a panel on 
14 March  2019. T his request was circulated to WTO Members on 15 March 2019 as document 
WT/DS574/2.  The Bolivarian Republic of Venezuela simultaneously asked that th e request for the 
establishment of a panel be placed on the agenda for the next meeting of the Dispute Settlement 
Body, scheduled for 26  March  2019, but that meeting of the Dispute Settlement Body was cancelled 
and the panel request was never addressed at any of the subsequent meetings of the 
Dispute  Settlement Body. 
The Bolivarian Republic of Venezuela hereby resubmits  the request for the establishment of a panel 
with standard terms of referen ce, in accordance with Article 7 of the DSU.  
The Bolivarian Republic of Venezuela asks that its request for the establishment of a panel be placed 
on the agenda for the next meeting of the Dispute Settlement Body.  
 
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