117TH CONGRESS 

2D SESSION S. 688 

AN ACT 

To prohibit contracting with persons that have business 

operations with the Maduro regime, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Banning Operations 

3 and Leases with the Illegitimate Venezuelan Authoritarian 

4 Regime Act’’ or the ‘‘BOLIVAR Act’’. 

5 SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS 

6 THAT HAVE BUSINESS OPERATIONS WITH 

7 THE MADURO REGIME. 

8 (a) PROHIBITION.—Except as provided in subsections 

9 (b), (c), and (d), the head of an executive agency may not 

10 enter into a contract for the procurement of goods or serv11 ices with any person that the head of an executive agency 

12 determines, with the concurrence of the Secretary of 

13 State, knowingly engages in significant business oper14 ations with an authority of the Government of Venezuela 

15 that is not recognized as the legitimate Government of 

16 Venezuela by the United States. 

17 (b) EXCEPTIONS.— 

18 (1) IN GENERAL.—The prohibition under sub19 section (a) does not apply to a contract that the Sec20 retary of State determines— 

21 (A) is necessary— 

22 (i) for purposes of providing humani23 tarian assistance to the people of Ven24 ezuela; 
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1 (ii) for purposes of providing disaster 

2 relief and other urgent life-saving meas3 ures; or 

4 (iii) to carry out noncombatant evacu5 ations; or 

6 (B) is in the national security interests of 

7 the United States. 

8 (2) SUPPORT FOR UNITED STATES GOVERN9 MENT ACTIVITIES.—The prohibition in subsection 

10 (a) shall not apply to contracts that support United 

11 States Government activities in Venezuela, including 

12 those necessary for the maintenance of United 

13 States Government facilities in Venezuela, or to con14 tracts with international organizations. 

15 (3) NOTIFICATION REQUIREMENT.—The Sec16 retary of State shall notify the appropriate congres17 sional committees of any contract entered into on 

18 the basis of an exception provided for under para19 graph (1). 

20 (c) OFFICE OF FOREIGN ASSETS CONTROL LI21 CENSES.—The prohibition in subsection (a) does not apply 

22 to a person that has a valid license to operate in Venezuela 

23 issued by the Office of Foreign Assets Control. 

24 (d) AMERICAN DIPLOMATIC MISSION IN VEN25 EZUELA.—The prohibition in subsection (a) does not 
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1 apply to contracts related to the operation and mainte2 nance of the United States Government’s consular offices 

3 and diplomatic posts in Venezuela. 

4 (e) WAIVER.—The Secretary of State may waive the 

5 requirements of subsection (a) if the Secretary of State 

6 determines that to do so is in the national interest of the 

7 United States. 

8 (f) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means the Committee on Homeland Secu12 rity and Governmental Affairs and the Committee 

13 on Foreign Relations of the Senate and the Com14 mittee on Homeland Security and the Committee on 

15 Foreign Affairs of the House of Representatives. 

16 (2) BUSINESS OPERATIONS.—The term ‘‘busi17 ness operations’’ means engaging in commerce in 

18 any form, including acquiring, developing, maintain19 ing, owning, selling, possessing, leasing, or operating 

20 equipment, facilities, personnel, products, services, 

21 personal property, real property, or any other appa22 ratus of business or commerce. 

23 (3) EXECUTIVE AGENCY.—The term ‘‘executive 

24 agency’’ has the meaning given the term in section 

25 133 of title 41, United States Code. 
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1 (4) GOVERNMENT OF VENEZUELA.—(A) The 

2 term ‘‘Government of Venezuela’’ includes the gov3 ernment of any political subdivision of Venezuela, 

4 and any agency or instrumentality of the Govern5 ment of Venezuela. 

6 (B) For purposes of subparagraph (A), the 

7 term ‘‘agency or instrumentality of the Government 

8 of Venezuela’’ means an agency or instrumentality 

9 of a foreign state as defined in section 1603(b) of 

10 title 28, United States Code, with each reference in 

11 such section to ‘‘a foreign state’’ deemed to be a ref12 erence to ‘‘Venezuela’’. 

13 (5) PERSON.—The term ‘‘person’’ means— 

14 (A) a natural person, corporation, com15 pany, business association, partnership, society, 

16 trust, or any other nongovernmental entity, or17 ganization, or group; 

18 (B) any governmental entity or instrumen19 tality of a government; and 

20 (C) any successor, subunit, parent entity, 

21 or subsidiary of, or any entity under common 

22 ownership or control with, any entity described 

23 in subparagraph (A) or (B). 

24 (g) TERM OF APPLICABILITY.—This section shall 

25 apply with respect to any contract entered into during the 
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1 three-year period beginning on the date of the enactment 

2 of this Act. 

Passed the Senate December 15, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 688 

AN ACT 

To prohibit contracting with persons that have 

for other purposes. business operations with the Maduro regime, and