BOLIVAR Act

To prohibit contracting with persons that have business operations with the Maduro regime, and for other purposes. 1. Short title This Act may be cited as the Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act BOLIVAR Act 2. Prohibition on contracting with persons that have business operations with the Maduro regime (a) Prohibition Except as provided in subsections (b), (c), and (d), the head of an executive agency may not enter into a contract for the procurement of goods or services with any person that the head of an executive agency determines, with the concurrence of the Secretary of State, knowingly engages in significant business operations with an authority of the Government of Venezuela that is not recognized as the legitimate Government of Venezuela by the United States. (b) Exceptions (1) In general The prohibition under subsection (a) does not apply to a contract that the Secretary of State determines— (A) is necessary— (i) for purposes of providing humanitarian assistance to the people of Venezuela; (ii) for purposes of providing disaster relief and other urgent life-saving measures; or (iii) to carry out noncombatant evacuations; or (B) is in the national security interests of the United States. (2) Support for United States Government activities The prohibition in subsection (a) shall not apply to contracts that support United States Government activities in Venezuela, including those necessary for the maintenance of United States Government facilities in Venezuela, or to contracts with international organizations. (3) Notification requirement The Secretary of State shall notify the appropriate congressional committees of any contract entered into on the basis of an exception provided for under paragraph (1). (c) Office of foreign assets control licenses The prohibition in subsection (a) does not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control. (d) American diplomatic mission in Venezuela The prohibition in subsection (a) does not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. (e) Waiver The Secretary of State may waive the requirements of subsection (a) if the Secretary of State determines that to do so is in the national interest of the United States. (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (2) Business operations The term business operations (3) Executive agency The term executive agency (4) Government of Venezuela (A) The term Government of Venezuela (B) For purposes of subparagraph (A), the term agency or instrumentality of the Government of Venezuela a foreign state Venezuela (5) Person The term person (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government; and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (g) Term of applicability This section shall apply with respect to any contract entered into during the three-year period beginning on the date of the enactment of this Act.

Summary: Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act or the BOLIVAR Act This bill temporarily prohibits an executive agency from entering into a contract for the procurement of goods or services with any person that it determines, with the concurrence of the Department of State, knowingly engages in significant business operations with the Maduro regime in Venezuela. The bill lists exceptions, including where vital to U.S. national security or as necessary for purposes of providing humanitarian assistance, disaster relief and other urgent lifesaving measures, or to carry out noncombatant evacuations. The prohibition shall not apply to contracts that support U.S. government activities in Venezuela or to contracts with international organizations. The State Department may waive the requirements of this bill upon determining that to do so is in the national interest.