II 

117TH CONGRESS 

2D SESSION S. 5317 

To promote democracy in Venezuela, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2022 

Mr. RISCH (for himself and Mr. RUBIO) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To promote democracy in Venezuela, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Venezuelan Democracy Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Statement of policy. 

Sec. 3. Appropriate congressional committees defined. 

TITLE I—DETERMINATIONS OF A TRANSITION GOVERNMENT OR 

DEMOCRATICALLY ELECTED GOVERNMENT IN VENEZUELA 

Sec. 101. Determinations of a transition government or democratically elected 

government in Venezuela. 


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TITLE II—PROMOTING DEMOCRATIC CHANGE IN VENEZUELA 

Sec. 201. United States policy regarding membership of Venezuela in international financial institutions. 

Sec. 202. United States policy regarding membership of Venezuela in the Organization of American States. 

Sec. 203. Authorization of support for democratic and human rights groups 

and international observers. 

Sec. 204. Support for the people of Venezuela. 

TITLE III—SANCTIONS 

Sec. 301. Definitions. 

Sec. 302. Blocking international support for a nondemocratic government in 

Venezuela. 

Sec. 303. Financial sanctions with respect to debt instruments of Maduro regime. 

Sec. 304. Sanctions with respect to cryptocurrency of Venezuela and provision 

of related technologies. 

Sec. 305. Blocking property of the Government of Venezuela. 

Sec. 306. Determination with respect to designation of Maduro regime as a terrorist organization. 

Sec. 307. Suspension and termination of sanctions. 

Sec. 308. Implementation; penalties. 

TITLE IV—ASSISTANCE TO A FREE AND INDEPENDENT 

VENEZUELA 

Sec. 401. Policy toward a transition government and a democratically elected 

government in Venezuela. 

Sec. 402. Assistance for the people of Venezuela. 

Sec. 403. Report on trade and investment relations between the United States 

and Venezuela. 

TITLE V—GENERAL PROVISIONS 

Sec. 501. Effect of Act on lawful United States Government activities. 

Sec. 502. Exception relating to importation of goods. 

1 SEC. 2. STATEMENT OF POLICY. 

2 It is the policy of the United States— 

3 (1) to seek a peaceful transition to democracy 

4 and a resumption of economic growth in Venezuela 

5 through support for the people of Venezuela and the 

6 careful application of sanctions directed at the re7 gime of Nicola`s Maduro and any nondemocratic suc8 cessor; 


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1 (2) to seek the cooperation of other democratic 

2 countries in supporting a transition described in 

3 paragraph (1); 

4 (3) to make clear to other countries that, in de5 termining the relations of the United States with 

6 those countries, the United States will take into ac7 count the willingness of those countries to cooperate 

8 in supporting a transition described in paragraph 

9 (1); 

10 (4) to seek the speedy termination of any re11 maining military or technical assistance, subsidies, 

12 or other forms of assistance to the Maduro regime 

13 and any nondemocratic successor from the govern14 ment of any other country, including the Govern15 ments of Cuba, the Islamic Republic of Iran, the 

16 Russian Federation, and the People’s Republic of 

17 China; 

18 (5) to continue to vigorously oppose violations 

19 of internationally recognized human rights in Ven20 ezuela; 

21 (6) to maintain sanctions on the Maduro regime 

22 so long as it continues to refuse to move toward de23 mocratization and greater respect for internationally 

24 recognized human rights; and 


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1 (7) to be prepared to reduce the sanctions im2 posed with respect to Venezuela in carefully cali3 brated ways in response to demonstrable progress 

4 toward democratization in Venezuela, including the 

5 establishment of a transition government that leads 

6 to a democratically elected government in Venezuela. 

7 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE8 FINED. 

9 In this Act, the term ‘‘appropriate congressional com10 mittees’’ means the Committee on Foreign Relations of 

11 the Senate and the Committee on Foreign Affairs of the 

12 House of Representatives. 

13 TITLE I—DETERMINATIONS OF A 

14 TRANSITION GOVERNMENT 

15 OR DEMOCRATICALLY ELECT16 ED GOVERNMENT IN VEN17 EZUELA 

18 SEC. 101. DETERMINATIONS OF A TRANSITION GOVERN19 MENT OR DEMOCRATICALLY ELECTED GOV20 ERNMENT IN VENEZUELA. 

21 (a) IN GENERAL.—Upon making a determination 

22 that a transition government or a democratically elected 

23 government is in power in Venezuela, the President shall 

24 submit that determination to the appropriate congres25 sional committees. 


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1 (b) REQUIREMENTS FOR DETERMINING A TRANSI2 TION GOVERNMENT IS IN POWER IN VENEZUELA.— 

3 (1) IN GENERAL.—For the purposes of making 

4 a determination under subsection (a), a transition 

5 government in Venezuela is a government that— 

6 (A) is showing respect for the basic civil 

7 liberties and internationally recognized human 

8 rights of the citizens of Venezuela; 

9 (B) has fully reinstated all members of the 

10 National Assembly convened on January 6, 

11 2016, following democratic elections that were 

12 held on December 6, 2015; 

13 (C) has lifted the order of contempt issued 

14 by the Venezuelan Supreme Tribunal of Justice 

15 (TSJ) on January 11, 2016, against the Na16 tional Assembly convened on January 6, 2016, 

17 including by restoring all powers of said Na18 tional Assembly and the immunities for depu19 ties; 

20 (D) has ceased to interfere with the func21 tioning of political parties, including by lifting 

22 all judicial interventions of political parties has 

23 legalized all political activity; 

24 (E) has released all political prisoners and 

25 allowed for investigations of Venezuelan prisons 


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1 by appropriate international human rights orga2 nizations; 

3 (F) has dissolved the General Directorate 

4 of Military Counterintelligence, the Special Ac5 tion Forces (FAES), and the Colectivos; 

6 (G) has made public commitments to orga7 nizing free and fair elections for a new govern8 ment— 

9 (i) to be held in a timely manner with10 in a period not to exceed 12 months after 

11 the transition government assumes power; 

12 (ii) with the participation of multiple 

13 independent political parties that have full 

14 access to the media on an equal basis, in15 cluding (in the case of radio, television, or 

16 other telecommunications media) in terms 

17 of allotments of time for such access and 

18 the times of day such allotments are given; 

19 and 

20 (iii) to be conducted under the super21 vision of observers from the Organization 

22 of American States, the United Nations, 

23 and other internationally recognized elec24 tion observers; 


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1 (H) makes public commitments to and is 

2 making demonstrable progress in— 

3 (i) establishing an independent judici4 ary; 

5 (ii) respecting internationally recog6 nized human rights and fundamental free7 doms as set forth in the Universal Declara8 tion of Human Rights, to which Venezuela 

9 is a signatory; and 

10 (iii) allowing the establishment of 

11 independent social, economic, and political 

12 associations; and 

13 (I) does not include Nicola`s Maduro or any 

14 persons— 

15 (i) with respect to which sanctions 

16 have been imposed by the Office of Foreign 

17 Assets Control; or 

18 (ii) sought by the United States De19 partment of Justice. 

20 (2) ADDITIONAL FACTORS.—In addition to the 

21 requirements set forth in paragraph (1), in deter22 mining under subsection (a) whether a transition 

23 government is in power in Venezuela, the President 

24 shall take into account the extent to which that gov25 ernment— 


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1 (A) has made public commitments to, and 

2 is making demonstrable progress in— 

3 (i) effectively guaranteeing the rights 

4 of free speech and freedom of the press, in5 cluding granting permits to privately 

6 owned media and telecommunications com7 panies to operate in Venezuela; 

8 (ii) implementing the recommenda9 tions included in the Final Report of the 

10 European Union Election Observation Mis11 sion to observe the regional and municipal 

12 elections on November 21, 2021, in Ven13 ezuela; and 

14 (iii) assuring the right to private 

15 property; 

16 (B) is taking genuine efforts to extradite 

17 or otherwise render to the United States all 

18 persons sought by the United States Depart19 ment of Justice for crimes committed in the 

20 United States; 

21 (C) is not providing any support to any 

22 group, in any other country, that seeks the vio23 lent overthrow of the government of that coun24 try; and 


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1 (D) has permitted the deployment through2 out Venezuela of independent and unfettered 

3 international human rights monitors. 

4 (c) REQUIREMENTS FOR DETERMINING A DEMO5 CRATICALLY ELECTED GOVERNMENT IS IN POWER IN

6 VENEZUELA.—For the purposes of making a determina7 tion under subsection (a), a democratically elected govern8 ment in Venezuela is a government that, in addition to 

9 meeting the requirements of subsection (b)— 

10 (1) results from free and fair elections— 

11 (A) conducted under the supervision of 

12 internationally recognized election observers; 

13 and 

14 (B) in which— 

15 (i) opposition parties were permitted 

16 ample time to organize and campaign for 

17 such elections; and 

18 (ii) all candidates were permitted full 

19 access to the media; 

20 (2) is showing respect for the basic civil lib21 erties and internationally recognized human rights of 

22 the citizens of Venezuela; 

23 (3) is committed to making constitutional 

24 changes that would ensure regular free and fair elec25 tions and the full enjoyment of basic civil liberties 


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1 and internationally recognized human rights by the 

2 citizens of Venezuela; 

3 (4) has made demonstrable progress in estab4 lishing an independent judiciary; and 

5 (5) has freed all wrongfully detained United 

6 States nationals. 

7 TITLE II—PROMOTING DEMO8 CRATIC CHANGE IN VEN9 EZUELA 

10 SEC. 201. UNITED STATES POLICY REGARDING MEMBER11 SHIP OF VENEZUELA IN INTERNATIONAL FI12 NANCIAL INSTITUTIONS. 

13 (a) IN GENERAL.—Except as provided in subsection 

14 (b)(1), the Secretary of the Treasury shall instruct the 

15 United States executive director of each covered inter16 national financial institution to use the voice and vote of 

17 the United States to oppose the admission of Venezuela 

18 as a member of that institution until the President sub19 mits to the appropriate congressional committees a deter20 mination under section 101(a) that a democratically elect21 ed government is in power in Venezuela. 

22 (b) STEPS AFTER TRANSITION GOVERNMENT IN

23 POWER.—On and after the date on which the President 

24 submits to the appropriate congressional committees a deVerDate Sep 11 2014 22:49 Jan 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5317.IS S5317

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1 termination under section 101(a) that a transition govern2 ment is in power in Venezuela— 

3 (1) the President is encouraged to take steps to 

4 support the processing of the application of Ven5 ezuela for membership in any covered international 

6 financial institution, subject to the membership tak7 ing effect after a democratically elected government 

8 is in power in Venezuela; and 

9 (2) the Secretary of the Treasury is authorized 

10 to instruct the United States executive director of 

11 each covered international financial institution to 

12 support loans or other assistance to Venezuela only 

13 to the extent that such loans or assistance con14 tribute to a stable foundation for a democratically 

15 elected government in Venezuela. 

16 (c) REDUCTION IN UNITED STATES PAYMENTS TO

17 INTERNATIONAL FINANCIAL INSTITUTIONS.— 

18 (1) IN GENERAL.—If a covered international fi19 nancial institution approves a loan or other assist20 ance to the regime of Nicola`s Maduro or any non21 democratic successor government over the opposition 

22 of the United States, the Secretary of the Treasury 

23 shall withhold from payment to that institution an 

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1 sistance, from either of the following types of pay2 ment: 

3 (A) The paid-in portion of the increase in 

4 capital stock of the institution. 

5 (B) The callable portion of the increase in 

6 capital stock of the institution. 

7 (2) WAIVER.—The President may waive the re8 quirement under paragraph (1) if the President, not 

9 later than 10 days before the waiver is to take ef10 fect, determines and certifies to the appropriate con11 gressional committees that such a waiver is in the 

12 national interest of the United States. The President 

13 shall submit with the certification a detailed jus14 tification explaining the reasons for the waiver. 

15 (d) COVERED INTERNATIONAL FINANCIAL INSTITU16 TION DEFINED.—In this section, the term ‘‘covered inter17 national financial institution’’ means each of the following: 

18 (1) The International Monetary Fund. 

19 (2) The International Bank for Reconstruction 

20 and Development. 

21 (3) The International Development Association. 

22 (4) The International Finance Corporation. 

23 (5) The Multilateral Investment Guarantee 

24 Agency. 

25 (6) The Inter-American Development Bank. 


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1 SEC. 202. UNITED STATES POLICY REGARDING MEMBER2 SHIP OF VENEZUELA IN THE ORGANIZATION 

3 OF AMERICAN STATES. 

4 The President shall instruct the United States Per5 manent Representative to the Organization of American 

6 States to use the voice and vote of the United States to 

7 oppose any measure that would allow a nondemocratic 

8 Government of Venezuela to participate in the Organiza9 tion until the President submits to the appropriate con10 gressional committees a determination under section 

11 101(a) that a democratically elected government is in 

12 power in Venezuela. 

13 SEC. 203. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC 

14 AND HUMAN RIGHTS GROUPS AND INTER15 NATIONAL OBSERVERS. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law (other than section 634A of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2394–1) or any comparable 

19 notification requirement contained in any Act making ap20 propriations for the Department of State, foreign oper21 ations, and related programs), the President may provide 

22 assistance and other support for individuals and inde23 pendent nongovernmental organizations to support democ24 racy-building efforts in Venezuela, including as described 

25 in subsections (b) and (c). 


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1 (b) ORGANIZATION OF AMERICAN STATES EMER2 GENCY FUND.— 

3 (1) FOR SUPPORT OF INTERNATIONALLY REC4 OGNIZED HUMAN RIGHTS AND FREE AND FAIR

5 ELECTIONS.—The President shall take the necessary 

6 steps to encourage the Organization of American 

7 States to create a special emergency fund for the ex8 plicit purpose of deploying human rights observers 

9 and individuals and organizations engaged in elec10 tion support and election observation in Venezuela. 

11 (2) VOLUNTARY CONTRIBUTIONS FOR FUND.— 

12 The President should provide not less than 

13 $5,000,000 of the voluntary contributions of the 

14 United States to the Organization of American 

15 States solely for the purposes of the special fund re16 ferred to in paragraph (1). 

17 (c) ACTION OF OTHER MEMBER STATES.—The 

18 President should instruct the United States Permanent 

19 Representative to the Organization of American States to 

20 encourage other member states of the Organization to join 

21 in calling for the Government of Venezuela to allow the 

22 immediate deployment of independent human rights mon23 itors of the Organization throughout Venezuela and on24 site visits to Venezuela by the Inter-American Commission 

25 on Human Rights. 


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1 (d) DENIAL OF FUNDS TO GOVERNMENT OF VEN2 EZUELA.—In implementing this section, the President 

3 shall take all necessary steps to ensure that no funds or 

4 other assistance is provided to a nondemocratic Govern5 ment of Venezuela. 

6 SEC. 204. SUPPORT FOR THE PEOPLE OF VENEZUELA. 

7 (a) PROVISIONS OF LAW AFFECTED.—The provisions 

8 of this section apply notwithstanding— 

9 (1) any other provision of law, including section 

10 620(a) of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2370(a)); or 

12 (2) the exercise of authorities, before the date 

13 of the enactment of this Act, under— 

14 (A) section 5(b) of the Trading With the 

15 Enemy Act (50 U.S.C. 4305(b)); 

16 (B) the International Emergency Economic 

17 Powers Act (50 U.S.C. 1701 et seq.); or 

18 (C) the Export Control Reform Act of 

19 2018 (50 U.S.C. 4801 et seq.). 

20 (b) DONATIONS OF FOOD.—Nothing in this or any 

21 other Act shall prohibit donations of food to independent 

22 nongovernmental organizations or individuals in Ven23 ezuela. 

24 (c) EXPORTS OF MEDICINES AND MEDICAL SUP25 PLIES.— 


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1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), the export of medicines or medical supplies, 

3 instruments, or equipment to Venezuela shall not be 

4 restricted, except— 

5 (A) to the extent such a restriction would 

6 be permitted under section 203(b)(2) of the 

7 International Emergency Economic Powers Act 

8 (50 U.S.C. 1702(b)(2)); or 

9 (B) in a case in which the President deter10 mines— 

11 (i) there is a reasonable likelihood 

12 that the item to be exported will be used 

13 for purposes of torture or other abuses of 

14 internationally recognized human rights; 

15 (ii) the item to be exported could be 

16 used in the production or distribution of il17 licit narcotics or in activities related to ille18 gal mining; or 

19 (iii) there is a reasonable likelihood 

20 that the item to be exported will be reex21 ported. 

22 (2) ON-SITE VERIFICATIONS REQUIRED.— 

23 (A) IN GENERAL.—Except as provided by 

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1 ported to Venezuela under paragraph (1) only 

2 if the President determines that the United 

3 States Government is able to verify, by on-site 

4 inspections and other appropriate means, that 

5 the item to be exported is to be used for the 

6 purposes for which it was intended and only for 

7 the use and benefit of the people of Venezuela. 

8 (B) EXCEPTION.—Subparagraph (A) does 

9 not apply to donations to independent non10 governmental organizations in Venezuela of 

11 medicines for humanitarian purposes. 

12 (3) LICENSES REQUIRED.—The export of medi13 cines or medical supplies, instruments, or equipment 

14 to Venezuela under paragraph (1) shall be made 

15 pursuant to specific licenses issued by the United 

16 States Government. 

17 (d) ASSISTANCE TO SUPPORT DEMOCRACY IN VEN18 EZUELA.—The United States Government may provide as19 sistance, through appropriate independent nongovern20 mental organizations, for the support of individuals and 

21 organizations to promote democratic change in Venezuela. 

22 TITLE III—SANCTIONS 

23 SEC. 301. DEFINITIONS. 

24 In this title: 


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1 (1) ENTITY.—The term ‘‘entity’’ means a part2 nership, association, trust, joint venture, corpora3 tion, group, subgroup, or organization. 

4 (2) GOVERNMENT OF VENEZUELA.—The term 

5 ‘‘Government of Venezuela’’ includes— 

6 (A) the state and Government of Ven7 ezuela; 

8 (B) any political subdivision, agency, or in9 strumentality thereof, including the Central 

10 Bank of Venezuela and Petro ́leos de Venezuela, 

11 S.A.; 

12 (C) any person owned or controlled, di13 rectly or indirectly, by an entity described in 

14 subparagraph (A) or (B); and 

15 (D) any person that has acted or pur16 ported to act directly or indirectly for or on be17 half of, an entity described in subparagraph 

18 (A), (B), or (C), including as a member of the 

19 regime of Nicola`s Maduro or any nondemocratic 

20 successor government in Venezuela. 

21 (3) PERSON.—The term ‘‘person’’ means an in22 dividual or entity. 

23 (4) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means— 


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1 (A) a United States citizen or alien law2 fully admitted for permanent residence to the 

3 United States; 

4 (B) any entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States (including a foreign branch of 

7 any such entity); and 

8 (C) any person physically located in the 

9 United States. 

10 SEC. 302. BLOCKING INTERNATIONAL SUPPORT FOR A 

11 NONDEMOCRATIC GOVERNMENT IN VEN12 EZUELA. 

13 (a) VENEZUELAN TRADING PARTNERS.—The Presi14 dent should encourage the governments of countries that 

15 conduct trade with Venezuela to restrict their trade and 

16 credit relations with Venezuela in a manner consistent 

17 with the purposes of this Act. 

18 (b) SANCTIONS AGAINST COUNTRIES ASSISTING A

19 NONDEMOCRATIC GOVERNMENT IN VENEZUELA.— 

20 (1) IN GENERAL.—The President may impose 

21 the following sanctions with respect to any country 

22 that provides assistance to the regime of Nicola`s 

23 Maduro or any nondemocratic successor government 

24 in Venezuela: 


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1 (A) The President may determine that the 

2 government of such country is not eligible for 

3 nonhumanitarian assistance under the Foreign 

4 Assistance Act of 1961 (22 U.S.C. 2151 et 

5 seq.) or assistance or sales under the Arms Ex6 port Control Act (22 U.S.C. 2751 et seq.). 

7 (B) The President may determine that the 

8 country is not eligible, under any program, for 

9 forgiveness or reduction of debt owed to the 

10 United States Government. 

11 (2) TERMINATION.—This section, and any 

12 sanctions imposed pursuant to this section, shall 

13 cease to apply at such time as the President submits 

14 to the appropriate congressional committees a deter15 mination under section 101(a) that a democratically 

16 elected government is in power in Venezuela. 

17 (c) DEFINITIONS.—In this section: 

18 (1) ASSISTANCE TO VENEZUELA.—The term 

19 ‘‘assistance to Venezuela’’— 

20 (A) means assistance to or for the benefit 

21 of the Government of Venezuela that is pro22 vided by grant, concessional sale, guaranty, or 

23 insurance, or by any other means on terms 

24 more favorable than that generally available in 


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1 the applicable market, whether in the form of 

2 a loan, lease, credit, or otherwise; 

3 (B) includes— 

4 (i) subsidies for exports to Venezuela; 

5 (ii) favorable tariff treatment of arti6 cles that are the growth, product, or manu7 facture of Venezuela; and 

8 (iii) an exchange, reduction, or for9 giveness of debt owed by the Government 

10 of Venezuela to a foreign country in return 

11 for a grant of an equity interest in a prop12 erty, investment, or operation of the Gov13 ernment of Venezuela (including any agen14 cy or instrumentality of the Government of 

15 Venezuela) or a national of Venezuela; and 

16 (C) does not include— 

17 (i) humanitarian assistance, including 

18 donations of food, made available to non19 governmental organizations or individuals 

20 in Venezuela; or 

21 (ii) exports of medicines or medical 

22 supplies, instruments, or equipment per23 mitted under section 204(c). 

24 (2) AGENCY OR INSTRUMENTALITY OF THE

25 GOVERNMENT OF VENEZUELA.—The term ‘‘agency 


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1 or instrumentality of the Government of Venezuela’’ 

2 has the meaning given the term ‘‘agency or instru3 mentality of a foreign state’’ in section 1603(b) of 

4 title 28, United States Code, except that each ref5 erence in such section to ‘‘a foreign state’’ shall be 

6 deemed to be a reference to ‘‘the Government of 

7 Venezuela’’. 

8 SEC. 303. FINANCIAL SANCTIONS WITH RESPECT TO DEBT 

9 INSTRUMENTS OF MADURO REGIME. 

10 (a) PROHIBITION OF CERTAIN TRANSACTIONS.— 

11 (1) IN GENERAL.—Beginning on the date of the 

12 enactment of this Act, all transactions by a United 

13 States person or within the United States that relate 

14 to, provide financing for, or otherwise deal in debt 

15 instruments issued by, for, or on behalf of Petro ́leos 

16 de Venezuela, S.A., or the regime of Nicola`s Maduro 

17 or any nondemocratic successor government in Ven18 ezuela, are prohibited. 

19 (2) INCLUSIONS.—The prohibition under para20 graph (1) includes a prohibition on— 

21 (A) entering into any transaction in— 

22 (i) debt instruments with a maturity 

23 of more than 90 days issued by Petro ́leos 

24 de Venezuela, S.A., on or after the date of 

25 the enactment of this Act; 


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1 (ii) debt instruments with a maturity 

2 of more than 30 days or equity issued by 

3 the Maduro regime on or after such date 

4 of enactment, other than debt instruments 

5 issued by Petro ́leos de Venezuela, S.A., 

6 covered by subparagraph (A); 

7 (iii) bonds issued by the Maduro re8 gime before such date of enactment; or 

9 (iv) dividend payments or other dis10 tributions of profits to the Maduro regime 

11 from any entity owned or controlled, di12 rectly or indirectly, by the Maduro regime; 

13 (B) the direct or indirect purchase of secu14 rities from the Maduro regime, other than— 

15 (i) securities qualifying as debt instru16 ments issued by Petro ́leos de Venezuela, 

17 S.A., covered by paragraph (1)(A); and 

18 (ii) securities qualifying as debt in19 struments issued by the Maduro regime 

20 covered by paragraph (1)(B); 

21 (C) purchasing any debt owed to the 

22 Maduro regime, including accounts receivable; 

23 (D) entering into any transaction related 

24 to any debt owed to the Maduro regime that is 


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1 pledged as collateral after May 21, 2018, in2 cluding accounts receivable; 

3 (E) entering into any transaction involving 

4 the selling, transferring, assigning, or pledging 

5 as collateral by the Maduro regime of any eq6 uity interest in any entity in which the Maduro 

7 regime has a 50 percent or greater ownership 

8 interest; 

9 (F) entering into any transaction that 

10 evades or avoids, has the purpose of evading or 

11 avoiding, causes a violation of, or attempts to 

12 violate any of the prohibitions set forth in this 

13 subsection; and 

14 (G) any conspiracy formed to violate any 

15 of the prohibitions set forth in this subsection. 

16 (b) RULEMAKING.— 

17 (1) IN GENERAL.—The Secretary of the Treas18 ury, in consultation with the Secretary of State, may 

19 take such actions, including prescribing rules and 

20 regulations, as are necessary to implement this sec21 tion. 

22 (2) DELEGATION.—The Secretary of the Treas23 ury may redelegate the authority described in para24 graph (1) to other officers and agencies of the 

25 United States Government. 


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1 (c) RESPONSIBILITY OF OTHER AGENCIES.—All 

2 agencies of the United States Government shall take all 

3 appropriate measures within their authority to carry out 

4 the provisions of this section. 

5 SEC. 304. SANCTIONS WITH RESPECT TO 

6 CRYPTOCURRENCY OF VENEZUELA AND PRO7 VISION OF RELATED TECHNOLOGIES. 

8 (a) PROHIBITION OF CERTAIN TRANSACTIONS.— 

9 (1) IN GENERAL.—Beginning on the date of the 

10 enactment of this Act, the following transactions are 

11 prohibited: 

12 (A) Any transaction by a United States 

13 person or within the United States that relate 

14 to, provide financing for, or otherwise deal in 

15 any digital currency, digital coin, or digital 

16 token, that was issued by, for, or on behalf of 

17 the regime of Nicola`s Maduro or any nondemo18 cratic successor government. 

19 (B) Any transaction that evades or avoids, 

20 has the purpose of evading or avoiding, causes 

21 a violation of, or attempts to violate the prohi22 bition under subparagraph (A). 

23 (C) Any conspiracy formed to violate a 

24 prohibition under subparagraph (A) or (B). 


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•S 5317 IS

1 (2) APPLICABILITY.—The prohibitions under 

2 paragraph (1) shall apply— 

3 (A) to the extent provided by statutes, or 

4 in regulations, orders, directives, or licenses 

5 that may be issued pursuant to this section; 

6 and 

7 (B) notwithstanding any contract entered 

8 into or any license or permit granted before the 

9 date of the enactment of this Act. 

10 (b) RULEMAKING.— 

11 (1) IN GENERAL.—The Secretary of the Treas12 ury, in consultation with the Secretary of State, may 

13 take such actions, including prescribing rules and 

14 regulations, as are necessary to implement this sec15 tion. 

16 (2) DELEGATION.—The Secretary of the Treas17 ury may redelegate the authority described in para18 graph (1) to other officers and agencies of the 

19 United States Government. 

20 (c) RESPONSIBILITY OF OTHER AGENCIES.—All 

21 agencies of the United States Government shall take all 

22 appropriate measures within their authority to carry out 

23 the provisions of this section. 


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1 SEC. 305. BLOCKING PROPERTY OF THE GOVERNMENT OF 

2 VENEZUELA. 

3 (a) BLOCKING OF PROPERTY.—The President shall 

4 exercise all powers granted to the President by the Inter5 national Emergency Economic Powers Act (50 U.S.C. 

6 1701 et seq.) to the extent necessary to block and prohibit 

7 all transactions in all property and interests in property 

8 of the Government of Venezuela and any person described 

9 in subsection (b) if such property and interests in property 

10 are in the United States, come within the United States, 

11 or are or come within the possession or control of a United 

12 States person. 

13 (b) PERSONS DESCRIBED.—A person described in 

14 this subsection is any person determined by the Secretary 

15 of the Treasury, in consultation with the Secretary of 

16 State— 

17 (1) to have materially assisted, sponsored, or 

18 provided financial, material, or technological support 

19 for, or goods or services to or in support of, any per20 son— 

21 (A) included on the list of specially des22 ignated nationals and blocked persons main23 tained by the Office of Foreign Assets Control; 

24 and 


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•S 5317 IS

1 (B) the property and interests in property 

2 of which are blocked pursuant to subsection (a); 

3 or 

4 (2) to be owned or controlled by, or to have 

5 acted or purported to act for or on behalf of, directly 

6 or indirectly, any person the property and interests 

7 in property of which are blocked pursuant to sub8 section (a). 

9 (c) PROHIBITIONS ON EVASION AND CONSPIR10 ACIES.— 

11 (1) EVASION.—Any transaction that evades or 

12 avoids, has the purpose of evading or avoiding, 

13 causes a violation of, or attempts to violate, the pro14 hibition under subsection (a) is prohibited. 

15 (2) CONSPIRACY.—Any conspiracy formed to 

16 violate the prohibition under subsection (a) is pro17 hibited. 

18 (d) APPLICABILITY.—Subsection (a) and the prohibi19 tions under subsection (c) shall apply— 

20 (1) to the extent provided by statutes, or in reg21 ulations, orders, directives, or licenses that may be 

22 issued pursuant to this section; and 

23 (2) notwithstanding any contract entered into 

24 or any license or permit granted before the date of 

25 the enactment of this Act. 


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•S 5317 IS

1 (e) RULEMAKING.— 

2 (1) IN GENERAL.—The Secretary of the Treas3 ury, in consultation with the Secretary of State, may 

4 take such actions, including prescribing rules and 

5 regulations, as are necessary to implement this sec6 tion. 

7 (2) DELEGATION.—The Secretary of the Treas8 ury may redelegate the authority described in para9 graph (1) to other officers and agencies of the 

10 United States Government. 

11 (f) RESPONSIBILITY OF OTHER AGENCIES.—All 

12 agencies of the United States Government shall take all 

13 appropriate measures within their authority to carry out 

14 the provisions of this section. 

15 SEC. 306. DETERMINATION WITH RESPECT TO DESIGNA16 TION OF MADURO REGIME AS A TERRORIST 

17 ORGANIZATION. 

18 (a) IN GENERAL.—Not later than 30 days after the 

19 date of the enactment of this Act, the Secretary of State, 

20 in consultation with the Director of National Intelligence, 

21 shall submit to the appropriate congressional commit22 tees— 

23 (1) a determination with respect to whether the 

24 regime of Nicola`s Maduro meets the criteria for des25 ignation as— 


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•S 5317 IS

1 (A) a foreign terrorist organization under 

2 section 219 of the Immigration and Nationality 

3 Act (8 U.S.C. 1189); or 

4 (B) a specially designated global terrorist 

5 organization under Executive Order 13224 (50 

6 U.S.C. 1701 note; relating to blocking property 

7 and prohibiting transactions with persons who 

8 commit, threaten to commit, or support ter9 rorism), as amended before, on, or after the 

10 date of the enactment of this Act; and 

11 (2) if the Secretary determines that the Maduro 

12 regime does not meet such criteria, a detailed jus13 tification with respect to which of such criteria have 

14 not been met. 

15 (b) FORM.—The determination required by sub16 section (a) shall be submitted in unclassified form, but 

17 may include classified annex. 

18 SEC. 307. SUSPENSION AND TERMINATION OF SANCTIONS. 

19 (a) AUTHORITY TO SUSPEND SANCTIONS IF TRANSI20 TION GOVERNMENT IN POWER.—Upon submitting to the 

21 appropriate congressional committees a determination 

22 under section 101(a) that a transition government is in 

23 power in Venezuela, the President, after consultation with 

24 Congress, may take steps to suspend the sanctions im25 posed under this title, to the extent that such steps conVerDate Sep 11 2014 22:49 Jan 04, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S5317.IS S5317

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1 tribute to a stable foundation for a democratically elected 

2 government in Venezuela. 

3 (b) TERMINATION OF SANCTIONS IF DEMOCRAT4 ICALLY ELECTED GOVERNMENT IN POWER.—Upon sub5 mitting to the appropriate congressional committees a de6 termination under section 101(a) that a democratically 

7 elected government is in power in Venezuela, the President 

8 shall take steps to terminate the sanctions imposed under 

9 this title. 

10 (c) REVIEW OF SUSPENSION OF SANCTIONS.— 

11 (1) REPORTING REQUIREMENTS.—If the Presi12 dent takes action under subsection (a) to suspend 

13 the sanctions imposed under this title, the President 

14 shall— 

15 (A) immediately notify Congress of that 

16 action; and 

17 (B) submit to Congress, not less frequently 

18 than every 180 days thereafter until the Presi19 dent submits to the appropriate congressional 

20 committees a determination under section 

21 101(a) that a democratically elected govern22 ment is in power in Venezuela, a report on the 

23 progress being made by Venezuela toward the 

24 establishment of a democratically elected gov25 ernment. 


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•S 5317 IS

1 (2) CONGRESSIONAL REVIEW.— 

2 (A) JOINT RESOLUTION OF DISAPPROVAL

3 DEFINED.—In this paragraph, the term ‘‘joint 

4 resolution of disapproval’’ means a joint resolu5 tion, the sole matter after the resolving clause 

6 of which is as follows: ‘‘That Congress dis7 approves the action of the President under sec8 tion 307(a) of the Venezuelan Democracy Act 

9 to suspend the sanctions imposed under title II 

10 of that Act, notice of which was submitted to 

11 the Congress on llll.’’, with the blank 

12 space being filled with the date on which the 

13 President notified Congress with respect to the 

14 action under paragraph (1)(A). 

15 (B) EFFECT OF ENACTMENT.—An action 

16 taken by the President under subsection (a) 

17 shall cease to be effective upon the enactment 

18 of a joint resolution of disapproval with respect 

19 to that action. 

20 (C) REFERRAL TO COMMITTEES.— 

21 (i) SENATE.—A joint resolution of 

22 disapproval introduced in the Senate shall 

23 be referred to the Committee on Foreign 

24 Relations. 


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•S 5317 IS

1 (ii) HOUSE OF REPRESENTATIVES.—A 

2 joint resolution of disapproval introduced 

3 in the House of Representatives shall be 

4 referred to the Committee on Foreign Af5 fairs. 

6 (D) PROCEDURES.— 

7 (i) SENATE.—A joint resolution of 

8 disapproval shall be considered in the Sen9 ate in accordance with the provisions of 

10 section 601(b) of the International Secu11 rity Assistance and Arms Export Control 

12 Act of 1976 (Public Law 94–329; 90 Stat. 

13 765). 

14 (ii) HOUSE OF REPRESENTATIVES.— 

15 For the purpose of expediting the consider16 ation and enactment of a joint resolution 

17 of disapproval, a motion to proceed to the 

18 consideration of such a resolution after it 

19 has been reported by the appropriate com20 mittee under subparagraph (C) shall be 

21 treated as highly privileged in the House of 

22 Representatives. 

23 (iii) LIMITATION.—Not more than one 

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•S 5317 IS

1 sidered in the Senate and the House of 

2 Representatives in— 

3 (I) the 180-day period beginning 

4 on the date on which the President 

5 notifies Congress under paragraph 

6 (1)(A) with respect to action taken 

7 under subsection (a); and 

8 (II) each 180-day period there9 after. 

10 (E) RULES OF HOUSE OF REPRESENTA11 TIVES AND SENATE.—This paragraph is en12 acted by Congress— 

13 (i) as an exercise of the rulemaking 

14 power of the Senate and the House of Rep15 resentatives, respectively, and as such is 

16 deemed a part of the rules of each House, 

17 respectively, and supersedes other rules 

18 only to the extent that it is inconsistent 

19 with such rules; and 

20 (ii) with full recognition of the con21 stitutional right of either House to change 

22 the rules (so far as relating to the proce23 dure of that House) at any time, in the 

24 same manner, and to the same extent as in 

25 the case of any other rule of that House. 


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•S 5317 IS

1 SEC. 308. IMPLEMENTATION; PENALTIES. 

2 (a) IMPLEMENTATION; PENALTIES.— 

3 (1) IMPLEMENTATION.—The President may ex4 ercise all authorities provided to the President under 

5 sections 203 and 205 of the International Emer6 gency Economic Powers Act (50 U.S.C. 1702 and 

7 1704) to carry out this title. 

8 (2) PENALTIES.—A person that violates, at9 tempts to violate, conspires to violate, or causes a 

10 violation of this title or any regulation, license, or 

11 order issued to carry out this title shall be subject 

12 to the penalties set forth in subsections (b) and (c) 

13 of section 206 of the International Emergency Eco14 nomic Powers Act (50 U.S.C. 1705) to the same ex15 tent as a person that commits an unlawful act de16 scribed in subsection (a) of that section. 

17 (3) WAIVER.—The President may waive the ap18 plication of sanctions under this title with respect to 

19 a foreign person if the President, not later than 10 

20 days before the waiver is to take effect, determines 

21 and certifies to the appropriate congressional com22 mittees that such a waiver is in the vital national se23 curity interest of the United States. The President 

24 shall submit with the certification a detailed jus25 tification explaining the reasons for the waiver. 


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•S 5317 IS

1 TITLE IV—ASSISTANCE TO A 

2 FREE AND INDEPENDENT 

3 VENEZUELA 

4 SEC. 401. POLICY TOWARD A TRANSITION GOVERNMENT 

5 AND A DEMOCRATICALLY ELECTED GOVERN6 MENT IN VENEZUELA. 

7 It is the policy of the United States— 

8 (1) to support the self-determination of the peo9 ple of Venezuela; 

10 (2) to recognize that the self-determination of 

11 the people of Venezuela is a sovereign and national 

12 right of the citizens of Venezuela, which must be ex13 ercised free of interference by the government of any 

14 other country; 

15 (3) to encourage the people of Venezuela to em16 power themselves with a government that reflects 

17 the self-determination of the people of Venezuela; 

18 (4) to recognize the potential for a difficult 

19 transition from the current regime in Venezuela, 

20 which may result from the initiatives taken by the 

21 people of Venezuela for self-determination in re22 sponse to the intransigence of the regime of Nicola`s 

23 Maduro in not allowing any substantive political or 

24 economic reforms; 


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•S 5317 IS

1 (5) to be prepared to provide the people of Ven2 ezuela with humanitarian, developmental, and other 

3 economic assistance; 

4 (6) in solidarity with the people of Venezuela, 

5 to provide appropriate forms of assistance— 

6 (A) to a transition government in Ven7 ezuela; 

8 (B) to facilitate the rapid movement from 

9 such a transition government to a democrat10 ically elected government in Venezuela, which 

11 results from an expression of the self-deter12 mination of the people of Venezuela; and 

13 (C) to support such a democratically elect14 ed government; 

15 (7) through such assistance, to facilitate a 

16 peaceful transition to representative democracy and 

17 a market economy in Venezuela and to consolidate 

18 democracy in Venezuela; 

19 (8) to deliver such assistance to the people of 

20 Venezuela only through— 

21 (A) a transition government in Venezuela; 

22 (B) a democratically elected government in 

23 Venezuela; 

24 (C) United States Federal departments 

25 and agencies; or 


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•S 5317 IS

1 (D) United States, international, or appro2 priate local nongovernmental organizations; 

3 (9) to encourage other countries and multilat4 eral organizations to provide similar assistance, and 

5 to work cooperatively with such countries and orga6 nizations to coordinate such assistance; 

7 (10) to ensure that appropriate assistance is 

8 rapidly provided and distributed to the people of 

9 Venezuela upon the institution of a transition gov10 ernment in Venezuela; 

11 (11) not to provide favorable treatment or influ12 ence on behalf of any individual or entity in the se13 lection by the people of Venezuela of their future 

14 government; 

15 (12) to assist a transition government in Ven16 ezuela and a democratically elected government in 

17 Venezuela to prepare the Venezuelan military forces 

18 for an appropriate role in a democracy; 

19 (13) to take steps to remove economic and dip20 lomatic sanctions imposed with respect to Ven21 ezuelan persons, as appropriate, when the President 

22 determines that a transition to a democratically 

23 elected government in Venezuela has begun; 


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•S 5317 IS

1 (14) to assist a democratically elected govern2 ment in Venezuela to strengthen and stabilize the 

3 national currency of Venezuela; and 

4 (15) to pursue mutually beneficial trade rela5 tions with a free, democratic, and independent Ven6 ezuela. 

7 SEC. 402. ASSISTANCE FOR THE PEOPLE OF VENEZUELA. 

8 (a) PLANS FOR PROVIDING ASSISTANCE.— 

9 (1) DEVELOPMENT OF PLANS.— 

10 (A) IN GENERAL.—The President shall de11 velop— 

12 (i) a plan for providing assistance to 

13 Venezuela under a transition government; 

14 and 

15 (ii) a plan for providing assistance to 

16 Venezuela under a democratically elected 

17 government. 

18 (B) STRATEGY FOR DISTRIBUTION.—Each 

19 plan developed under subparagraph (A) shall 

20 include a strategy for distributing assistance 

21 under the plan. 

22 (2) TYPES OF ASSISTANCE.— 

23 (A) TRANSITION GOVERNMENT.— 

24 (i) IN GENERAL.—Except as provided 

25 in clause (ii), assistance to Venezuela 


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•S 5317 IS

1 under a transition government under the 

2 plan developed under paragraph (1)(A)(i) 

3 shall be limited to— 

4 (I) such food, medicine, medical 

5 supplies and equipment, and assist6 ance to meet emergency energy needs, 

7 as is necessary to meet the basic 

8 human needs of the people of Ven9 ezuela; and 

10 (II) assistance described in sub11 paragraph (C). 

12 (ii) ADDITIONAL ASSISTANCE.—As13 sistance in addition to assistance under 

14 clause (i) may be provided to Venezuela 

15 under a transition government if the Presi16 dent certifies to the appropriate congres17 sional committees, in accordance with pro18 cedures applicable to reprogramming noti19 fications under section 634A of the For20 eign Assistance Act of 1961 (22 U.S.C. 

21 2394–1), that such assistance is essential 

22 to the successful and timely completion of 

23 the transition to democracy. 

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1 cratically elected government under the plan de2 veloped under paragraph (1)(A)(ii) may include, 

3 in addition to assistance available under sub4 paragraphs (A) and (C)— 

5 (i) assistance under— 

6 (I) chapter 1 of part I of the 

7 Foreign Assistance Act of 1961 (22 

8 U.S.C. 2151 et seq.) (relating to de9 velopment assistance); and 

10 (II) chapter 4 of part II of that 

11 Act (22 U.S.C. 2346 et seq.) (relating 

12 to the economic support fund); 

13 (ii) assistance under the Food for 

14 Peace Act (7 U.S.C. 1691 et seq.); 

15 (iii) financing, guarantees, and other 

16 forms of assistance provided by the Ex17 port-Import Bank of the United States; 

18 (iv) support provided by the United 

19 States International Development Finance 

20 Corporation for investment projects in 

21 Venezuela; 

22 (v) assistance provided by the Trade 

23 and Development Agency; 

24 (vi) Peace Corps programs; and 


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•S 5317 IS

1 (vii) other appropriate assistance to 

2 carry out the policy set forth in section 

3 401. 

4 (C) MILITARY ADJUSTMENT ASSIST5 ANCE.—Assistance to a transition government 

6 in Venezuela and to a democratically elected 

7 government in Venezuela shall also include as8 sistance in preparing the Venezuelan military 

9 forces to adjust to an appropriate role in a de10 mocracy. 

11 (3) DISTRIBUTION.—Assistance under a plan 

12 developed under paragraph (1) shall be provided 

13 through United States Federal departments and 

14 agencies and nongovernmental organizations and 

15 private and voluntary organizations, whether within 

16 or outside the United States, including humani17 tarian, educational, labor, and private sector organi18 zations. 

19 (4) COMMUNICATION WITH PEOPLE OF VEN20 EZUELA.—The President shall take the necessary 

21 steps to communicate to the people of Venezuela the 

22 plans for assistance developed under paragraph (1). 

23 (5) REPORT TO CONGRESS.—Not later than 90 

24 days after the date of the enactment of this Act, the 

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1 sional committees a report describing in detail the 

2 plans developed under paragraph (1). 

3 (b) IMPLEMENTATION OF PLANS; REPORTS TO CON4 GRESS.— 

5 (1) IMPLEMENTATION WITH RESPECT TO TRAN6 SITION GOVERNMENT.—Upon submitting to the ap7 propriate congressional committees a determination 

8 under section 101(a) that a transition government is 

9 in power in Venezuela, the President shall commence 

10 the delivery and distribution of assistance to the 

11 transition government under the plan developed 

12 under subsection (a)(1)(A)(i). 

13 (2) REPORTS TO CONGRESS.— 

14 (A) PLAN FOR ASSISTANCE UNDER TRAN15 SITION GOVERNMENT.—The President shall 

16 submit to the appropriate congressional com17 mittees a report— 

18 (i) setting forth the plan developed 

19 under subsection (a)(1)(A)(i) for providing 

20 assistance to Venezuela under a transition 

21 government; and 

22 (ii) describing the types of assistance, 

23 and the extent to which such assistance 

24 has been distributed, in accordance with 

25 the plan. 


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•S 5317 IS

1 (B) DEADLINES FOR SUBMISSION.—The 

2 President shall submit to the appropriate con3 gressional committees— 

4 (i) a preliminary report described in 

5 subparagraph (A) not later than 15 days 

6 after making the determination described 

7 in paragraph (1); and 

8 (ii) the final report described in sub9 paragraph (A) not later than 90 days after 

10 making that determination. 

11 (3) IMPLEMENTATION WITH RESPECT TO

12 DEMOCRATICALLY ELECTED GOVERNMENT.—Upon 

13 submitting to the appropriate congressional commit14 tees a determination under section 101(a) that a 

15 democratically elected government is in power in 

16 Venezuela, the President shall commence the deliv17 ery and distribution of assistance to the democrat18 ically elected government under the plan developed 

19 under subsection (a)(1)(A)(ii). 

20 (4) ANNUAL REPORTS TO CONGRESS.—Not 

21 later than 60 days after the end of each fiscal year, 

22 the President shall submit to the appropriate con23 gressional committees a report on the assistance 

24 provided under the plans developed under subsection 

25 (a), including— 


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•S 5317 IS

1 (A) a description of each type of assistance 

2 and the amounts expended for such assistance 

3 during the preceding fiscal year; and 

4 (B) a description of the assistance to be 

5 provided under the plans in the fiscal year in 

6 which the report is submitted. 

7 (c) COORDINATING OFFICIAL.—The President shall 

8 designate a coordinating official who shall be responsible 

9 for— 

10 (1) implementing the strategies for distributing 

11 assistance described in subsection (a)(1)(B); 

12 (2) ensuring the speedy and efficient distribu13 tion of such assistance; and 

14 (3) ensuring coordination among, and appro15 priate oversight by, the agencies of the United 

16 States that provide assistance described in section 

17 402(a), including resolving any disputes among such 

18 agencies. 

19 (d) REPROGRAMMING.—Any changes in the assist20 ance to be provided under a plan developed under sub21 section (a) may not be made unless the President notifies 

22 the appropriate congressional committees at least 15 days 

23 in advance in accordance with the procedures applicable 

24 to reprogramming notifications under section 634A of the 

25 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1). 


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•S 5317 IS

1 (e) FUNDING LIMITATION.—Assistance may be pro2 vided under this section only if amounts are authorized 

3 to be appropriated, and are appropriated, to provide such 

4 assistance. 

5 (f) INTERNATIONAL EFFORTS.—The President shall 

6 take the necessary steps— 

7 (1) to seek to obtain the agreement of other 

8 countries and of international financial institutions 

9 and multilateral organizations to provide to a transi10 tion government in Venezuela, and to a democrat11 ically elected government in Venezuela, assistance 

12 comparable to that provided by the United States 

13 under this section; and 

14 (2) to work with such countries, institutions, 

15 and organizations to coordinate all such assistance 

16 programs. 

17 SEC. 403. REPORT ON TRADE AND INVESTMENT RELATIONS 

18 BETWEEN THE UNITED STATES AND VEN19 EZUELA. 

20 (a) REPORT TO CONGRESS.—Upon submitting to the 

21 appropriate congressional committees a determination 

22 under section 101(a) that a democratically elected govern23 ment is in power in Venezuela, the President shall submit 

24 to the Committee on Ways and Means of the House of 

25 Representatives, the Committee on Finance of the Senate, 


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•S 5317 IS

1 and the appropriate congressional committees a report 

2 that describes— 

3 (1) acts, policies, and practices that constitute 

4 significant barriers to, or distortions of, United 

5 States trade in goods or services or foreign direct in6 vestment with respect to Venezuela; and 

7 (2) policy objectives of the United States re8 garding trade relations with a democratically elected 

9 government in Venezuela, and the reasons for such 

10 objectives, including possible reciprocal extension of 

11 nondiscriminatory trade treatment (most-favored-na12 tion treatment). 

13 (b) CONSULTATION.—With respect to the policy ob14 jectives described in subsection (a), the President shall— 

15 (1) consult with the Committee on Ways and 

16 Means of the House of Representatives, the Com17 mittee on Finance of the Senate, and the appro18 priate congressional committees; and 

19 (2) seek advice from the appropriate advisory 

20 committees established under section 135 of the 

21 Trade Act of 1974 (19 U.S.C. 2155). 


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•S 5317 IS

1 TITLE V—GENERAL PROVISIONS 

2 SEC. 501. EFFECT OF ACT ON LAWFUL UNITED STATES 

3 GOVERNMENT ACTIVITIES. 

4 Nothing in this Act prohibits any lawfully authorized 

5 investigative, protective, or intelligence activity of a law 

6 enforcement agency, or of an intelligence agency, of the 

7 United States. 

8 SEC. 502. EXCEPTION RELATING TO IMPORTATION OF 

9 GOODS. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of this Act, the authorities and requirements to im12 pose sanctions under this Act shall not include the author13 ity or a requirement to impose sanctions on the importa14 tion of goods. 

15 (b) GOOD DEFINED.—In this section, the term 

16 ‘‘good’’ means any article, natural or manmade substance, 

17 material, supply or manufactured product, including in18 spection and test equipment, and excluding technical data. 

Æ 


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