I 

113TH CONGRESS 

2D SESSION H. R. 4587 

To impose targeted sanctions on individuals responsible for carrying out 

or ordering human rights abuses against the citizens of Venezuela, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2014 

Ms. ROS-LEHTINEN (for herself, Mr. DIAZ-BALART, Mr. SALMON, Mr. SIRES, 

Mr. DEUTCH, Mr. MURPHY of Florida, Mr. STOCKMAN, Mr. GARCIA, and 

Ms. BROWN of Florida) introduced the following bill; which was referred 

to the Committee on Foreign Affairs, and in addition to the Committee 

on the Judiciary, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To impose targeted sanctions on individuals responsible for 

carrying out or ordering human rights abuses against 

the citizens of 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. 

4 This Act may be cited as the ‘‘Venezuelan Human 

5 Rights and Democracy Protection Act’’. 


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1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘appropriate congressional com3 mittees’’ means— 

4 (1) the Committee on Foreign Affairs, the 

5 Committee on Financial Services, the Committee on 

6 the Judiciary, and the Committee on Ways and 

7 Means of the House of Representatives; and 

8 (2) the Committee on Foreign Relations, the 

9 Committee on Banking, Housing and Urban Affairs, 

10 and the Committee on the Judiciary of the Senate. 

11 SEC. 3. FINDINGS. 

12 Congress finds the following: 

13 (1) On February 12, 2014, also known in Ven14 ezuela as the National Youth Day, students began 

15 protesting in several cities against Venezuelan leader 

16 Nicola ́s Maduro’s inability to stem violent crime, his 

17 undemocratic actions, and a rapidly deteriorating 

18 economy marked by high inflation and shortages of 

19 consumer goods. 

20 (2) On February 12, 2014, a judge issued an 

21 arrest warrant for Leopoldo Lo ́pez, leader of the op22 position party Voluntad Popular, for unfounded alle23 gations in connection with the student protests. 

24 (3) On February 17, 2014, the Government of 

25 Venezuela notified the United States Department of 

26 State that it had declared 3 consular officers at the 


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1 United States Embassy in Venezuela personae non 

2 gratae. 

3 (4) On February 18, 2014, opposition leader 

4 Leopoldo Lo ́pez turned himself in to Venezuelan au5 thorities, was arrested, and charged with criminal 

6 incitement, conspiracy, arson, and intent to damage 

7 property. 

8 (5) Leopoldo Lo ́pez is currently being held in a 

9 prison at a military facility. 

10 (6) Nongovernmental human rights organiza11 tions have alleged that the charges brought against 

12 Leopoldo Lo ́pez appear to be a politically motivated 

13 attempt to silence dissent in the country. 

14 (7) As of May 1, 2014, there have been 41 peo15 ple killed, a reported 60 cases of torture, over 100 

16 injured, and many unjustly detained in relation to 

17 pro-democracy demonstrations throughout Ven18 ezuela. 

19 (8) On February 19, 2014, President Obama 

20 criticized the Government of Venezuela for arresting 

21 protesters, called for their release, and urged the 

22 government to focus on the ‘‘legitimate grievances of 

23 the Venezuelan people’’. 

24 (9) According to the Department of State’s 

25 Country Reports on Human Rights Practices for 


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1 2013 for Venezuela, ‘‘The principal human rights 

2 abuses reported during the year included corruption, 

3 politicization in the judicial system, and government 

4 actions to impede freedom of expression and restrict 

5 freedom of the press. The government did not re6 spect judicial independence or permit judges to act 

7 according to the law without fear of retaliation. The 

8 government used the judiciary to intimidate and se9 lectively prosecute political, union, business, and civil 

10 society leaders who were critical of government poli11 cies or actions. The government harassed and intimi12 dated privately owned television stations, other 

13 media outlets, and journalists throughout the year, 

14 using threats, fines, property seizures, targeted reg15 ulations, arrests, and criminal investigations and 

16 prosecutions.’’. 

17 (10) According to the Department of State’s 

18 Country Reports on Human Rights Practices for 

19 2013 for Venezuela, ‘‘The following human rights 

20 problems were reported by NGOs, the media, and in 

21 some cases the government itself: unlawful killings, 

22 including summary killings by police elements; tor23 ture and other cruel, inhumane, or degrading treat24 ment; harsh and life-threatening prison conditions 

25 and lack of due process rights that contributed to 


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1 widespread violence, riots, injuries, and deaths in 

2 prisons; inadequate juvenile detention centers; arbi3 trary arrests and detentions; corruption and impu4 nity in police forces; political prisoners; interference 

5 with privacy rights; corruption at all levels of gov6 ernment; threats against domestic NGOs; violence 

7 against women; anti-Semitism in the official media; 

8 trafficking in persons; violence based on sexual ori9 entation and gender identity; and restrictions on 

10 workers’ right of association.’’. 

11 (11) According to Freedom House’s Freedom in 

12 the World report of 2013 on Venezuela, ‘‘Nicola ́s 

13 Maduro, further weakened the independent media, 

14 reduced the opposition’s ability to serve as a check 

15 on government policy, and made threats to civil soci16 ety groups.’’. 

17 SEC. 4. ACTIONS AT THE ORGANIZATION OF AMERICAN 

18 STATES. 

19 The Secretary of State shall direct the United States 

20 Permanent Representative to the Organization of Amer21 ican States to use the voice, vote, and influence of the 

22 United States at the Organization of American States to 

23 defend and protect the Inter-American Democratic Char24 ter, and strengthen the independent Inter-American Com25 mission on Human Rights to advance the protection of 


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1 human rights throughout the Western Hemisphere, espe2 cially in Venezuela. 

3 SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIO4 LENCE IN VENEZUELA. 

5 (a) IN GENERAL.—The President shall impose the 

6 sanctions described in subsection (b) with respect to any 

7 person, including a current or former official of the Gov8 ernment of Venezuela or a person acting on behalf of that 

9 Government, that the President determines— 

10 (1) has perpetrated, or is responsible for order11 ing, controlling, or otherwise directing, significant 

12 acts of violence or serious human rights abuses in 

13 Venezuela against individuals participating in pro14 tests in Venezuela that began on February 12, 2014; 

15 (2) has directed or ordered the arrest or pros16 ecution of a person primarily because of the person’s 

17 legitimate exercise of freedom of expression or as18 sembly in relation to the protests in Venezuela that 

19 began on February 12, 2014; 

20 (3) has knowingly materially assisted, spon21 sored, or provided significant financial, material, or 

22 technological support for, or goods or services in 

23 support of, the commission of acts described in para24 graph (1) or (2) in relation to protests in Venezuela 

25 that began on February 12, 2014; or 


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1 (4) has engaged in censorship against individ2 uals or media outlets disseminating information in 

3 relation to protests in Venezuela that began on Feb4 ruary 12, 2014. 

5 (b) SANCTIONS DESCRIBED.— 

6 (1) IN GENERAL.—The sanctions described in 

7 this subsection are the following: 

8 (A) ASSET BLOCKING.— 

9 (i) IN GENERAL.—The exercise of all 

10 powers granted to the President by the 

11 International Emergency Economic Powers 

12 Act (50 U.S.C. 1701 et seq.) to the extent 

13 necessary to block and prohibit all trans14 actions in all property and interests in 

15 property of a person determined by the 

16 President to be subject to subsection (a) if 

17 such property and interests in property are 

18 in the United States, come within the 

19 United States, or are within the possession 

20 or control of a United States person. 

21 (ii) EXCEPTION.— 

22 (I) IN GENERAL.—The authority 

23 to impose sanctions under clause (i) 

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1 pose sanctions relating to the importa2 tion of goods. 

3 (II) GOOD DEFINED.—In sub4 clause (I), the term ‘‘good’’ has the 

5 meaning given that term in section 16 

6 of the Export Administration Act of 

7 1979 (50 U.S.C. App. 2415) (as con8 tinued in effect pursuant to the Inter9 national Emergency Economic Powers 

10 Act (50 U.S.C. 1701 et. seq.)). 

11 (B) ALIENS INELIGIBLE FOR VISAS, AD12 MISSION, OR PAROLE.— 

13 (i) VISAS, ADMISSION, OR PAROLE.— 

14 An alien who is a person determined by the 

15 President to be subject to subsection (a) 

16 is— 

17 (I) inadmissible to the United 

18 States; 

19 (II) ineligible to receive a visa or 

20 other documentation to enter the 

21 United States; and 

22 (III) otherwise ineligible to be 

23 admitted or paroled into the United 

24 States or to receive any other benefit 


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1 under the Immigration and Nation2 ality Act (8 U.S.C. 1101 et seq.). 

3 (ii) CURRENT VISAS REVOKED.— 

4 (I) IN GENERAL.—The issuing 

5 consular officer, the Secretary of 

6 State, or the Secretary of Homeland 

7 Security (or a designee of one of such 

8 Secretaries) shall revoke any visa or 

9 other entry documentation issued to 

10 an alien who meets any of the criteria 

11 described in subsection (a), regardless 

12 of when issued. 

13 (II) EFFECT OF REVOCATION.— 

14 A revocation under subclause (I) shall 

15 take effect immediately; and shall 

16 automatically cancel any other valid 

17 visa or entry documentation that is in 

18 the alien’s possession. 

19 (2) PENALTIES.—A person that violates, at20 tempts to violate, conspires to violate, or causes a 

21 violation of paragraph (1)(A) or any regulation, li22 cense, or order issued to carry out paragraph (1)(A) 

23 shall be subject to the penalties set forth in sub24 sections (b) and (c) of section 206 of the Inter25 national Emergency Economic Powers Act (50 


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1 U.S.C. 1705) to the same extent as a person that 

2 commits an unlawful act described in subsection (a) 

3 of that section. 

4 (3) EXCEPTION TO COMPLY WITH UNITED NA5 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

6 under paragraph (1)(B) shall not apply to an alien 

7 if admitting the alien into the United States is nec8 essary to permit the United States to comply with 

9 the Agreement regarding the Headquarters of the 

10 United Nations, signed at Lake Success June 26, 

11 1947, and entered into force November 21, 1947, 

12 between the United Nations and the United States, 

13 or other applicable international obligations. 

14 (c) WAIVER.—The President may waive the applica15 tion of sanctions under subsection (b) with respect to a 

16 person if the President— 

17 (1) determines that such a waiver is in the na18 tional security interests of the United States and on 

19 or before the date on which the waiver takes effect, 

20 submits to the appropriate congressional committees 

21 a notice of and justification for the waiver; or 

22 (2) determines that the conditions in Venezuela 

23 have improved with regard to respect for peaceful 

24 protest and basic human rights and on or before the 

25 date on which the waiver takes effect, submits to the 


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1 appropriate congressional committees a notice of and 

2 justification for the waiver. 

3 (d) REGULATORY AUTHORITY.—The President shall 

4 issue such regulations, licenses, and orders as are nec5 essary to carry out this section. 

6 (e) DEFINITIONS.—In this section: 

7 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

8 and ‘‘alien’’ have meanings given those terms in sec9 tion 101 of the Immigration and Nationality Act (8 

10 U.S.C. 1101). 

11 (2) FINANCIAL INSTITUTION.—The term ‘‘fi12 nancial institution’’ has the meaning given that term 

13 in section 5312 of title 31, United States Code. 

14 (3) MATERIALLY ASSISTED.—The term ‘‘mate15 rially assisted’’ means the provision of assistance 

16 that is significant and of a kind directly relevant to 

17 acts described in paragraph (1) or (2) of subsection 

18 (a). 

19 (4) UNITED STATES PERSON.—The term 

20 ‘‘United States person’’ means— 

21 (A) a United States citizen or an alien law22 fully admitted for permanent residence to the 

23 United States; or 

24 (B) an entity organized under the laws of 

25 the United States or of any jurisdiction within 


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1 the United States, including a foreign branch of 

2 such an entity. 

3 SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 

4 TRANSFER OF GOODS OR TECHNOLOGIES TO 

5 VENEZUELA THAT ARE LIKELY TO BE USED 

6 TO COMMIT HUMAN RIGHTS ABUSES. 

7 (a) IN GENERAL.—The President shall impose sanc8 tions described in section 5(b) with respect to each person 

9 on the list required under subsection (b) of this section. 

10 (b) LIST.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 the date of the enactment of this Act, the President 

13 shall transmit to the appropriate congressional com14 mittees a list of persons who the President deter15 mines have knowingly engaged in an activity de16 scribed in paragraph (2) on or after such date of en17 actment. 

18 (2) ACTIVITY DESCRIBED.— 

19 (A) IN GENERAL.—A person knowingly en20 gages in an activity described in this paragraph 

21 if the person— 

22 (i) transfers, or facilitates the transfer 

23 of, goods or technologies described in sub24 paragraph (C) to Venezuela, any entity or25 ganized under the laws of Venezuela, or 


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1 any national of Venezuela, for use in or 

2 with respect to Venezuela; or 

3 (ii) provides services (including serv4 ices relating to hardware, software, and 

5 specialized information, and professional 

6 consulting, engineering, and support serv7 ices) with respect to goods or technologies 

8 described in subparagraph (C) after such 

9 goods or technologies are transferred to 

10 Venezuela. 

11 (B) APPLICABILITY TO CONTRACTS AND

12 OTHER AGREEMENTS.—A person engages in an 

13 activity described in subparagraph (A) without 

14 regard to whether the activity is carried out 

15 pursuant to a contract or other agreement en16 tered into before, on, or after the date of the 

17 enactment of this Act. 

18 (C) GOODS OR TECHNOLOGIES DE19 SCRIBED.— 

20 (i) IN GENERAL.—Goods or tech21 nologies described in this subparagraph are 

22 goods or technologies that the President 

23 determines are likely to be used by the 

24 Government of Venezuela or any of the 

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1 ernment of Venezuela (or by any other per2 son on behalf of the Government of Ven3 ezuela or any of such agencies or instru4 mentalities) to commit serious human 

5 rights abuses against the people of Ven6 ezuela, including— 

7 (I) firearms or ammunition (as 

8 such terms are defined in section 921 

9 of title 18, United States Code), rub10 ber bullets, police batons, pepper or 

11 chemical sprays, stun grenades, elec12 troshock weapons, tear gas, water 

13 cannons, or surveillance technology; or 

14 (II) sensitive technology. 

15 (ii) SENSITIVE TECHNOLOGY DE16 FINED.— 

17 (I) IN GENERAL.—For purposes 

18 of clause (i)(II), the term ‘‘sensitive 

19 technology’’ means hardware, soft20 ware, telecommunications equipment, 

21 or any other technology, that the 

22 President determines is to be used 

23 specifically— 


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1 (aa) to restrict the free flow 

2 of unbiased information in Ven3 ezuela; or 

4 (bb) to disrupt, monitor, or 

5 otherwise restrict speech of the 

6 people of Venezuela. 

7 (II) EXCEPTION.—The term 

8 ‘‘sensitive technology’’ does not in9 clude information or informational 

10 materials the exportation of which the 

11 President does not have the authority 

12 to regulate or prohibit pursuant to 

13 section 203(b)(3) of the International 

14 Emergency Economic Powers Act (50 

15 U.S.C. 1702(b)(3)). 

16 (3) SPECIAL RULE TO ALLOW FOR TERMI17 NATION OF SANCTIONABLE ACTIVITY.—The Presi18 dent shall not be required to include a person on the 

19 list required under paragraph (1) if the President 

20 certifies in writing to the appropriate congressional 

21 committees that— 

22 (A) the person is no longer engaging in, or 

23 has taken significant verifiable steps toward 

24 stopping, the activity described in paragraph 


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1 (2) for which the President would otherwise 

2 have included the person on the list; and 

3 (B) the President has received reliable as4 surances that such person will not knowingly 

5 engage in any activity described in such para6 graph (2) in the future. 

7 (4) UPDATES OF LIST.—The President shall 

8 transmit to the appropriate congressional commit9 tees an updated list under paragraph (1)— 

10 (A) not later than 180 days after the date 

11 of the enactment of this Act; and 

12 (B) as new information becomes available. 

13 (5) FORM OF LIST; PUBLIC AVAILABILITY.— 

14 (A) FORM.—The list required under para15 graph (1) shall be submitted in unclassified 

16 form but may contain a classified annex. 

17 (B) PUBLIC AVAILABILITY.—The unclassi18 fied portion of the list required under para19 graph (1) shall be made available to the public 

20 and posted on the Web site of the Department 

21 of State. 

22 (c) WAIVER.—The President may waive the applica23 tion of sanctions described in section 5(b) with respect to 

24 a person on the list required under subsection (b) of this 

25 section if the President— 


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1 (1) determines that such a waiver is in the na2 tional security interests of the United States and on 

3 or before the date on which the waiver takes effect, 

4 submits to the appropriate congressional committees 

5 a notice of and justification for the waiver; or 

6 (2) determines that the conditions in Venezuela 

7 have improved with regard to respect for peaceful 

8 protest and basic human rights and on or before the 

9 date on which the waiver takes effect, submits to the 

10 appropriate congressional committees a notice of and 

11 justification for the waiver. 

12 SEC. 7. COMPREHENSIVE STRATEGY TO PROMOTE INTER13 NET FREEDOM AND ACCESS TO INFORMA14 TION. 

15 Not later than 120 days after the date of the enact16 ment of this Act, the Secretary of State, in consultation 

17 with heads of other Federal departments and agencies, as 

18 appropriate, shall submit to the Committee on Foreign Af19 fairs of the House of Representatives and the Committee 

20 on Foreign Relations of the Senate a comprehensive strat21 egy that is classified to the extent necessary to— 

22 (1) assist the people of Venezuela to produce, 

23 access, and share information freely and safely via 

24 the Internet; 


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1 (2) increase the capabilities and availability of 

2 secure mobile and other communications through 

3 connective technology among human rights and de4 mocracy activists in Venezuela; 

5 (3) provide resources for digital safety training 

6 for media and academic and civil society organiza7 tions in Venezuela; 

8 (4) increase emergency resources for the most 

9 vulnerable human rights advocates seeking to orga10 nize, share information, and support human rights 

11 in Venezuela; 

12 (5) expand access to uncensored sources of local 

13 news and information using all available and effec14 tive mediums of communication, especially through 

15 platforms that leverage public-private partnerships; 

16 (6) expand activities to safely assist and train 

17 human rights, civil society, and democracy activists 

18 in Venezuela to operate effectively and securely; 

19 (7) expand access to proxy servers for democ20 racy activists in Venezuela; and 

21 (8) discourage telecommunications and software 

22 companies from facilitating Internet censorship by 

23 the Government of Venezuela. 


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1 SEC. 8. COMPREHENSIVE STRATEGY TO ENCOURAGE VEN2 EZUELA TO ABIDE BY THE PRINCIPLES EN3 SHRINED IN THE INTER-AMERICAN DEMO4 CRATIC CHARTER. 

5 Not later than 120 days after the date of the enact6 ment of this Act, the Secretary of State shall submit to 

7 the Committee on Foreign Affairs of the House of Rep8 resentatives and the Committee on Foreign Relations of 

9 the Senate a comprehensive strategy outlining how the 

10 United States is supporting the citizens of Venezuela in 

11 seeking— 

12 (1) free, fair, and transparent elections— 

13 (A) conducted with the presence of inter14 nationally recognized observers; and 

15 (B) in which— 

16 (i) all parties are permitted ample 

17 time to organize and campaign for such 

18 elections; and 

19 (ii) all candidates are permitted equi20 table access to the media; 

21 (2) basic civil liberties and human rights; 

22 (3) establishment of independent judiciaries and 

23 electoral councils; and 

24 (4) development of an independent civil society 

25 with the capacity to advocate on behalf of constitu26 ents. 


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1 SEC. 9. STATEMENT OF POLICY ON POLITICAL PRISONERS. 

2 It shall be the policy of the United States— 

3 (1) to support efforts to research and identify 

4 prisoners of conscience and cases of human rights 

5 abuses in Venezuela; 

6 (2) to offer refugee status or political asylum in 

7 the United States to political dissidents in Venezuela 

8 if requested and consistent with the laws and na9 tional security interests of the United States; 

10 (3) to offer to assist, through the United Na11 tions High Commissioner for Refugees, with the re12 location of such political prisoners to other countries 

13 if requested, as appropriate and with appropriate 

14 consideration for the national security interests of 

15 the United States; and 

16 (4) to publicly call for the release of Venezuelan 

17 country dissidents by name and raise awareness with 

18 respect to individual cases of Venezuelan country 

19 dissidents and prisoners of conscience, as appro20 priate and if requested by the dissidents or prisoners 

21 themselves or their families. 

22 SEC. 10. AUTHORIZATION OF APPROPRIATIONS FOR AS23 SISTANCE TO SUPPORT CIVIL SOCIETY IN 

24 VENEZUELA. 

25 There is authorized to be appropriated to the United 

26 States Agency for International Development for fiscal 


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1 year 2015 not less than $5,000,000 to provide assistance 

2 to civil society in Venezuela. 

3 SEC. 11. SUNSET. 

4 This Act shall cease to be effective beginning on the 

5 date that is 2 years after the date of the enactment of 

6 this Act. 

Æ 


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