WT/DS574/2  
 15 March  2019 
(19-1636) Page: 1/4 
 Original:  Spanish  
 
  
UNITED STATES – MEASURES RELATING TO TRADE IN GOODS AND SERVICES  
REQUEST FOR THE ESTABLISHMENT OF A PANEL BY VENEZUELA  
The following communication, dated 14 March  2019, 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 
consultation s 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 Article  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 States informed the Government  of the Bolivarian Republic of 
Venezuela that it refused to enter into consultations with the Government of the Bolivarian Republic 
of Venezue la. 
 
The Government of the Bolivarian Republic of Venezuela therefore requests that a panel be  
establish ed in accordance with Article  6 of the DSU and Article  XXIII:2 of the GATT 1994 . The 
Government of the Bolivarian Republic of Venezuela intends to put f orward 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 bl acklists ; 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 – Venezu ela 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);  
 
(f) Executive Order 13808 Imposing Additional Sanctions with Respect to the Situation in 
Venezuela (24  August  2017);  WT/DS574/2  
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  (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 5 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 Articl es II:1, XVI:2 and XVII:1 of the GATS.  
 
The statutes, regulations and administrative procedures of the United States, and any modification 
thereof, 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 acco rded to products of WTO Member countries that 
are not subject to the coercive and trade -restrictive measures . More specifically, in 
comparison to products of WTO Member countries not subject to the coercive 
trade -restrictive measures, Venezuelan products f ace, on account of these measures, a 
greater regulatory burden in terms of conditions governing importation, as well as 
restrictions on who can perform this import function, and unfair market opportunities 
once importation has taken place . All of this deni es 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 compari son 
to products of US origin, products of Venezuelan origin face greater regulatory burdens 
and unfair market opportunities as a result of these coercive trade -restrictive measures;  
 
iii. Article V:2 of the GATT  1994, because they require the detention and seiz ure 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, because they operate as specific prohibitions on 
importation and exportation between the United States and the Bol ivarian Republic of 
Venezuela, and constitute prohibited quantitative restrictions on the importation 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 coerciv e trade -restrictive 
measures imposed by the United States on the Bolivarian Republic of Venezuela 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 a re not subject 
to equivalent prohibitions.  
 
2.  Discriminatory measures with respect to Venezuelan gold, established in Executive Order  13850.  
The discriminatory coercive and trade -restrictive measures relating to gold from the 
Bolivarian  Republic of Venezuela , as 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, in 
particular, but not limited to, 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 meas ures; WT/DS574/2  
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vi. Article II:1(a) and (b) of the GATT 1994, because they accord to the commerce of 
Venezuela treatment 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 like products from the 
United  States;  
 
viii. Article X:3(a) of the GATT 1994, because the United States has not administe red 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 prohibitio n and, therefore, restrictions other than duties, 
taxes or other charges, on the importation of products of the territory of the 
Bolivarian  Republic of Venezuela.  
 
3.  Discriminatory coercive 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 liberalize the financial services sector in 
its Schedule, it cannot maintain or adopt the measures described in Article XVI:2(a) -(f) 
of the GATS wit h respect to financial services, unless it has reserved the right to do so 
in its Schedule . Even if the United States,  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 measures with respect to transactions in Venezuelan digital currency, 
adopted pursuant  to Executive Orders 13808, 13827 and 13835.  
xi. The coercive measures of the United States to which Venezuelan financial services and 
financial service suppliers a re 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 c urrencies originating in the United States are not 
subject to the same prohibitions 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 of services by these persons and the receipt  of su ch 
services, as 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.  
The above -mentioned measures at issue in this dispute app ear to nullify or impair the benefits 
accruing to the Bolivarian Republic of Venezuela (1)  directly or 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 above, 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 requests that a panel be established with standard terms of 
reference, in accordance with Article 7 of the DSU.  WT/DS574/2  
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  The Bolivarian Republic of Venezuela asks that this 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.  
 
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