II 117th CONGRESS 2d Session S. 5317 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. Short title; table of contents (a) Short title This Act may be cited as the Venezuelan Democracy Act . (b) Table of contents The table of contents for 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. 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. 2. Statement of policy It is the policy of the United States— (1) to seek a peaceful transition to democracy and a resumption of economic growth in Venezuela through support for the people of Venezuela and the careful application of sanctions directed at the regime of Nicolàs Maduro and any nondemocratic successor; (2) to seek the cooperation of other democratic countries in supporting a transition described in paragraph (1); (3) to make clear to other countries that, in determining the relations of the United States with those countries, the United States will take into account the willingness of those countries to cooperate in supporting a transition described in paragraph (1); (4) to seek the speedy termination of any remaining military or technical assistance, subsidies, or other forms of assistance to the Maduro regime and any nondemocratic successor from the government of any other country, including the Governments of Cuba, the Islamic Republic of Iran, the Russian Federation, and the People’s Republic of China; (5) to continue to vigorously oppose violations of internationally recognized human rights in Venezuela; (6) to maintain sanctions on the Maduro regime so long as it continues to refuse to move toward democratization and greater respect for internationally recognized human rights; and (7) to be prepared to reduce the sanctions imposed with respect to Venezuela in carefully calibrated ways in response to demonstrable progress toward democratization in Venezuela, including the establishment of a transition government that leads to a democratically elected government in Venezuela. 3. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. I Determinations of a transition government or democratically elected government in Venezuela 101. Determinations of a transition government or democratically elected government in Venezuela (a) In general Upon making a determination that a transition government or a democratically elected government is in power in Venezuela, the President shall submit that determination to the appropriate congressional committees. (b) Requirements for determining a transition government is in power in Venezuela (1) In general For the purposes of making a determination under subsection (a), a transition government in Venezuela is a government that— (A) is showing respect for the basic civil liberties and internationally recognized human rights of the citizens of Venezuela; (B) has fully reinstated all members of the National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015; (C) has lifted the order of contempt issued by the Venezuelan Supreme Tribunal of Justice (TSJ) on January 11, 2016, against the National Assembly convened on January 6, 2016, including by restoring all powers of said National Assembly and the immunities for deputies; (D) has ceased to interfere with the functioning of political parties, including by lifting all judicial interventions of political parties has legalized all political activity; (E) has released all political prisoners and allowed for investigations of Venezuelan prisons by appropriate international human rights organizations; (F) has dissolved the General Directorate of Military Counterintelligence, the Special Action Forces (FAES), and the Colectivos; (G) has made public commitments to organizing free and fair elections for a new government— (i) to be held in a timely manner within a period not to exceed 12 months after the transition government assumes power; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of observers from the Organization of American States, the United Nations, and other internationally recognized election observers; (H) makes public commitments to and is making demonstrable progress in— (i) establishing an independent judiciary; (ii) respecting internationally recognized human rights and fundamental freedoms as set forth in the Universal Declaration of Human Rights, to which Venezuela is a signatory; and (iii) allowing the establishment of independent social, economic, and political associations; and (I) does not include Nicolàs Maduro or any persons— (i) with respect to which sanctions have been imposed by the Office of Foreign Assets Control; or (ii) sought by the United States Department of Justice. (2) Additional factors In addition to the requirements set forth in paragraph (1), in determining under subsection (a) whether a transition government is in power in Venezuela, the President shall take into account the extent to which that government— (A) has made public commitments to, and is making demonstrable progress in— (i) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Venezuela; (ii) implementing the recommendations included in the Final Report of the European Union Election Observation Mission to observe the regional and municipal elections on November 21, 2021, in Venezuela; and (iii) assuring the right to private property; (B) is taking genuine efforts to extradite or otherwise render to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; (C) is not providing any support to any group, in any other country, that seeks the violent overthrow of the government of that country; and (D) has permitted the deployment throughout Venezuela of independent and unfettered international human rights monitors. (c) Requirements for determining a democratically elected government is in power in Venezuela For the purposes of making a determination under subsection (a), a democratically elected government in Venezuela is a government that, in addition to meeting the requirements of subsection (b)— (1) results from free and fair elections— (A) conducted under the supervision of internationally recognized election observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) is showing respect for the basic civil liberties and internationally recognized human rights of the citizens of Venezuela; (3) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and internationally recognized human rights by the citizens of Venezuela; (4) has made demonstrable progress in establishing an independent judiciary; and (5) has freed all wrongfully detained United States nationals. II Promoting democratic change in Venezuela 201. United States policy regarding membership of Venezuela in international financial institutions (a) In general Except as provided in subsection (b)(1), the Secretary of the Treasury shall instruct the United States executive director of each covered international financial institution to use the voice and vote of the United States to oppose the admission of Venezuela as a member of that institution until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. (b) Steps after transition government in power On and after the date on which the President submits to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela— (1) the President is encouraged to take steps to support the processing of the application of Venezuela for membership in any covered international financial institution, subject to the membership taking effect after a democratically elected government is in power in Venezuela; and (2) the Secretary of the Treasury is authorized to instruct the United States executive director of each covered international financial institution to support loans or other assistance to Venezuela only to the extent that such loans or assistance contribute to a stable foundation for a democratically elected government in Venezuela. (c) Reduction in United States payments to international financial institutions (1) In general If a covered international financial institution approves a loan or other assistance to the regime of Nicolàs Maduro or any nondemocratic successor government over the opposition of the United States, the Secretary of the Treasury shall withhold from payment to that institution an amount equal to the amount of the loan or other assistance, from either of the following types of payment: (A) The paid-in portion of the increase in capital stock of the institution. (B) The callable portion of the increase in capital stock of the institution. (2) Waiver The President may waive the requirement under paragraph (1) if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. (d) Covered international financial institution defined In this section, the term covered international financial institution means each of the following: (1) The International Monetary Fund. (2) The International Bank for Reconstruction and Development. (3) The International Development Association. (4) The International Finance Corporation. (5) The Multilateral Investment Guarantee Agency. (6) The Inter-American Development Bank. 202. United States policy regarding membership of Venezuela in the Organization of American States The President shall instruct the United States Permanent Representative to the Organization of American States to use the voice and vote of the United States to oppose any measure that would allow a nondemocratic Government of Venezuela to participate in the Organization until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. 203. Authorization of support for democratic and human rights groups and international observers (a) In general Notwithstanding any other provision of law (other than section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ) or any comparable notification requirement contained in any Act making appropriations for the Department of State, foreign operations, and related programs), the President may provide assistance and other support for individuals and independent nongovernmental organizations to support democracy-building efforts in Venezuela, including as described in subsections (b) and (c). (b) Organization of American States emergency fund (1) For support of internationally recognized human rights and free and fair elections The President shall take the necessary steps to encourage the Organization of American States to create a special emergency fund for the explicit purpose of deploying human rights observers and individuals and organizations engaged in election support and election observation in Venezuela. (2) Voluntary contributions for fund The President should provide not less than $5,000,000 of the voluntary contributions of the United States to the Organization of American States solely for the purposes of the special fund referred to in paragraph (1). (c) Action of other member states The President should instruct the United States Permanent Representative to the Organization of American States to encourage other member states of the Organization to join in calling for the Government of Venezuela to allow the immediate deployment of independent human rights monitors of the Organization throughout Venezuela and on-site visits to Venezuela by the Inter-American Commission on Human Rights. (d) Denial of funds to Government of Venezuela In implementing this section, the President shall take all necessary steps to ensure that no funds or other assistance is provided to a nondemocratic Government of Venezuela. 204. Support for the people of Venezuela (a) Provisions of law affected The provisions of this section apply notwithstanding— (1) any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) ); or (2) the exercise of authorities, before the date of the enactment of this Act, under— (A) section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. 4305(b) ); (B) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (C) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ). (b) Donations of food Nothing in this or any other Act shall prohibit donations of food to independent nongovernmental organizations or individuals in Venezuela. (c) Exports of medicines and medical supplies (1) In general Subject to paragraphs (2) and (3), the export of medicines or medical supplies, instruments, or equipment to Venezuela shall not be restricted, except— (A) to the extent such a restriction would be permitted under section 203(b)(2) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(2) ); or (B) in a case in which the President determines— (i) there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other abuses of internationally recognized human rights; (ii) the item to be exported could be used in the production or distribution of illicit narcotics or in activities related to illegal mining; or (iii) there is a reasonable likelihood that the item to be exported will be reexported. (2) On-site verifications required (A) In general Except as provided by subparagraph (B), medicines or medical supplies, instruments, or equipment may be exported to Venezuela under paragraph (1) only if the President determines that the United States Government is able to verify, by on-site inspections and other appropriate means, that the item to be exported is to be used for the purposes for which it was intended and only for the use and benefit of the people of Venezuela. (B) Exception Subparagraph (A) does not apply to donations to independent nongovernmental organizations in Venezuela of medicines for humanitarian purposes. (3) Licenses required The export of medicines or medical supplies, instruments, or equipment to Venezuela under paragraph (1) shall be made pursuant to specific licenses issued by the United States Government. (d) Assistance To support democracy in Venezuela The United States Government may provide assistance, through appropriate independent nongovernmental organizations, for the support of individuals and organizations to promote democratic change in Venezuela. III Sanctions 301. Definitions In this title: (1) Entity The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or organization. (2) Government of Venezuela The term Government of Venezuela includes— (A) the state and Government of Venezuela; (B) any political subdivision, agency, or instrumentality thereof, including the Central Bank of Venezuela and Petróleos de Venezuela, S.A.; (C) any person owned or controlled, directly or indirectly, by an entity described in subparagraph (A) or (B); and (D) any person that has acted or purported to act directly or indirectly for or on behalf of, an entity described in subparagraph (A), (B), or (C), including as a member of the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela. (3) Person The term person means an individual or entity. (4) United States person The term United States person means— (A) a United States citizen or alien lawfully admitted for permanent residence to the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and (C) any person physically located in the United States. 302. Blocking international support for a nondemocratic government in Venezuela (a) Venezuelan trading partners The President should encourage the governments of countries that conduct trade with Venezuela to restrict their trade and credit relations with Venezuela in a manner consistent with the purposes of this Act. (b) Sanctions against countries assisting a nondemocratic government in Venezuela (1) In general The President may impose the following sanctions with respect to any country that provides assistance to the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela: (A) The President may determine that the government of such country is not eligible for nonhumanitarian assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) or assistance or sales under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (B) The President may determine that the country is not eligible, under any program, for forgiveness or reduction of debt owed to the United States Government. (2) Termination This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. (c) Definitions In this section: (1) Assistance to Venezuela The term assistance to Venezuela — (A) means assistance to or for the benefit of the Government of Venezuela that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise; (B) includes— (i) subsidies for exports to Venezuela; (ii) favorable tariff treatment of articles that are the growth, product, or manufacture of Venezuela; and (iii) an exchange, reduction, or forgiveness of debt owed by the Government of Venezuela to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Venezuela (including any agency or instrumentality of the Government of Venezuela) or a national of Venezuela; and (C) does not include— (i) humanitarian assistance, including donations of food, made available to nongovernmental organizations or individuals in Venezuela; or (ii) exports of medicines or medical supplies, instruments, or equipment permitted under section 204(c). (2) Agency or instrumentality of the Government of Venezuela The term agency or instrumentality of the Government of Venezuela has the meaning given the term agency or instrumentality of a foreign state in section 1603(b) of title 28, United States Code, except that each reference in such section to a foreign state shall be deemed to be a reference to the Government of Venezuela . 303. Financial sanctions with respect to debt instruments of Maduro regime (a) Prohibition of certain transactions (1) In general Beginning on the date of the enactment of this Act, all transactions by a United States person or within the United States that relate to, provide financing for, or otherwise deal in debt instruments issued by, for, or on behalf of Petróleos de Venezuela, S.A., or the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela, are prohibited. (2) Inclusions The prohibition under paragraph (1) includes a prohibition on— (A) entering into any transaction in— (i) debt instruments with a maturity of more than 90 days issued by Petróleos de Venezuela, S.A., on or after the date of the enactment of this Act; (ii) debt instruments with a maturity of more than 30 days or equity issued by the Maduro regime on or after such date of enactment, other than debt instruments issued by Petróleos de Venezuela, S.A., covered by subparagraph (A); (iii) bonds issued by the Maduro regime before such date of enactment; or (iv) dividend payments or other distributions of profits to the Maduro regime from any entity owned or controlled, directly or indirectly, by the Maduro regime; (B) the direct or indirect purchase of securities from the Maduro regime, other than— (i) securities qualifying as debt instruments issued by Petróleos de Venezuela, S.A., covered by paragraph (1)(A); and (ii) securities qualifying as debt instruments issued by the Maduro regime covered by paragraph (1)(B); (C) purchasing any debt owed to the Maduro regime, including accounts receivable; (D) entering into any transaction related to any debt owed to the Maduro regime that is pledged as collateral after May 21, 2018, including accounts receivable; (E) entering into any transaction involving the selling, transferring, assigning, or pledging as collateral by the Maduro regime of any equity interest in any entity in which the Maduro regime has a 50 percent or greater ownership interest; (F) entering into any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this subsection; and (G) any conspiracy formed to violate any of the prohibitions set forth in this subsection. (b) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (c) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 304. Sanctions with respect to cryptocurrency of Venezuela and provision of related technologies (a) Prohibition of certain transactions (1) In general Beginning on the date of the enactment of this Act, the following transactions are prohibited: (A) Any transaction by a United States person or within the United States that relate to, provide financing for, or otherwise deal in any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the regime of Nicolàs Maduro or any nondemocratic successor government. (B) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition under subparagraph (A). (C) Any conspiracy formed to violate a prohibition under subparagraph (A) or (B). (2) Applicability The prohibitions under paragraph (1) shall apply— (A) to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this section; and (B) notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act. (b) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (c) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 305. Blocking property of the Government of Venezuela (a) Blocking of property The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the Government of Venezuela and any person described in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Persons described A person described in this subsection is any person determined by the Secretary of the Treasury, in consultation with the Secretary of State— (1) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person— (A) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control; and (B) the property and interests in property of which are blocked pursuant to subsection (a); or (2) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person the property and interests in property of which are blocked pursuant to subsection (a). (c) Prohibitions on evasion and conspiracies (1) Evasion Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate, the prohibition under subsection (a) is prohibited. (2) Conspiracy Any conspiracy formed to violate the prohibition under subsection (a) is prohibited. (d) Applicability Subsection (a) and the prohibitions under subsection (c) shall apply— (1) to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this section; and (2) notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act. (e) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (f) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 306. Determination with respect to designation of Maduro regime as a terrorist organization (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a determination with respect to whether the regime of Nicolàs Maduro meets the criteria for designation as— (A) a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or (B) a specially designated global terrorist organization under Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as amended before, on, or after the date of the enactment of this Act; and (2) if the Secretary determines that the Maduro regime does not meet such criteria, a detailed justification with respect to which of such criteria have not been met. (b) Form The determination required by subsection (a) shall be submitted in unclassified form, but may include classified annex. 307. Suspension and termination of sanctions (a) Authority To suspend sanctions if transition government in power Upon submitting to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela, the President, after consultation with Congress, may take steps to suspend the sanctions imposed under this title, to the extent that such steps contribute to a stable foundation for a democratically elected government in Venezuela. (b) Termination of sanctions if democratically elected government in power Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall take steps to terminate the sanctions imposed under this title. (c) Review of suspension of sanctions (1) Reporting requirements If the President takes action under subsection (a) to suspend the sanctions imposed under this title, the President shall— (A) immediately notify Congress of that action; and (B) submit to Congress, not less frequently than every 180 days thereafter until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, a report on the progress being made by Venezuela toward the establishment of a democratically elected government. (2) Congressional review (A) Joint resolution of disapproval defined In this paragraph, the term joint resolution of disapproval means a joint resolution, the sole matter after the resolving clause of which is as follows: That Congress disapproves the action of the President under section 307(a) of the Venezuelan Democracy Act to suspend the sanctions imposed under title II of that Act, notice of which was submitted to the Congress on ____. , with the blank space being filled with the date on which the President notified Congress with respect to the action under paragraph (1)(A). (B) Effect of enactment An action taken by the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution of disapproval with respect to that action. (C) Referral to committees (i) Senate A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. (ii) House of Representatives A joint resolution of disapproval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs. (D) Procedures (i) Senate A joint resolution of disapproval shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765). (ii) House of Representatives For the purpose of expediting the consideration and enactment of a joint resolution of disapproval, a motion to proceed to the consideration of such a resolution after it has been reported by the appropriate committee under subparagraph (C) shall be treated as highly privileged in the House of Representatives. (iii) Limitation Not more than one joint resolution of disapproval may be considered in the Senate and the House of Representatives in— (I) the 180-day period beginning on the date on which the President notifies Congress under paragraph (1)(A) with respect to action taken under subsection (a); and (II) each 180-day period thereafter. (E) Rules of House of Representatives and Senate This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 308. Implementation; penalties (a) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Waiver The President may waive the application of sanctions under this title with respect to a foreign person if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the vital national security interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. IV Assistance to a free and independent Venezuela 401. Policy toward a transition government and a democratically elected government in Venezuela It is the policy of the United States— (1) to support the self-determination of the people of Venezuela; (2) to recognize that the self-determination of the people of Venezuela is a sovereign and national right of the citizens of Venezuela, which must be exercised free of interference by the government of any other country; (3) to encourage the people of Venezuela to empower themselves with a government that reflects the self-determination of the people of Venezuela; (4) to recognize the potential for a difficult transition from the current regime in Venezuela, which may result from the initiatives taken by the people of Venezuela for self-determination in response to the intransigence of the regime of Nicolàs Maduro in not allowing any substantive political or economic reforms; (5) to be prepared to provide the people of Venezuela with humanitarian, developmental, and other economic assistance; (6) in solidarity with the people of Venezuela, to provide appropriate forms of assistance— (A) to a transition government in Venezuela; (B) to facilitate the rapid movement from such a transition government to a democratically elected government in Venezuela, which results from an expression of the self-determination of the people of Venezuela; and (C) to support such a democratically elected government; (7) through such assistance, to facilitate a peaceful transition to representative democracy and a market economy in Venezuela and to consolidate democracy in Venezuela; (8) to deliver such assistance to the people of Venezuela only through— (A) a transition government in Venezuela; (B) a democratically elected government in Venezuela; (C) United States Federal departments and agencies; or (D) United States, international, or appropriate local nongovernmental organizations; (9) to encourage other countries and multilateral organizations to provide similar assistance, and to work cooperatively with such countries and organizations to coordinate such assistance; (10) to ensure that appropriate assistance is rapidly provided and distributed to the people of Venezuela upon the institution of a transition government in Venezuela; (11) not to provide favorable treatment or influence on behalf of any individual or entity in the selection by the people of Venezuela of their future government; (12) to assist a transition government in Venezuela and a democratically elected government in Venezuela to prepare the Venezuelan military forces for an appropriate role in a democracy; (13) to take steps to remove economic and diplomatic sanctions imposed with respect to Venezuelan persons, as appropriate, when the President determines that a transition to a democratically elected government in Venezuela has begun; (14) to assist a democratically elected government in Venezuela to strengthen and stabilize the national currency of Venezuela; and (15) to pursue mutually beneficial trade relations with a free, democratic, and independent Venezuela. 402. Assistance for the people of Venezuela (a) Plans for providing assistance (1) Development of plans (A) In general The President shall develop— (i) a plan for providing assistance to Venezuela under a transition government; and (ii) a plan for providing assistance to Venezuela under a democratically elected government. (B) Strategy for distribution Each plan developed under subparagraph (A) shall include a strategy for distributing assistance under the plan. (2) Types of assistance (A) Transition government (i) In general Except as provided in clause (ii), assistance to Venezuela under a transition government under the plan developed under paragraph (1)(A)(i) shall be limited to— (I) such food, medicine, medical supplies and equipment, and assistance to meet emergency energy needs, as is necessary to meet the basic human needs of the people of Venezuela; and (II) assistance described in subparagraph (C). (ii) Additional assistance Assistance in addition to assistance under clause (i) may be provided to Venezuela under a transition government if the President certifies to the appropriate congressional committees, in accordance with procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ), that such assistance is essential to the successful and timely completion of the transition to democracy. (B) Democratically elected government Assistance to Venezuela under a democratically elected government under the plan developed under paragraph (1)(A)(ii) may include, in addition to assistance available under subparagraphs (A) and (C)— (i) assistance under— (I) chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) (relating to development assistance); and (II) chapter 4 of part II of that Act ( 22 U.S.C. 2346 et seq. ) (relating to the economic support fund); (ii) assistance under the Food for Peace Act ( 7 U.S.C. 1691 et seq. ); (iii) financing, guarantees, and other forms of assistance provided by the Export-Import Bank of the United States; (iv) support provided by the United States International Development Finance Corporation for investment projects in Venezuela; (v) assistance provided by the Trade and Development Agency; (vi) Peace Corps programs; and (vii) other appropriate assistance to carry out the policy set forth in section 401. (C) Military adjustment assistance Assistance to a transition government in Venezuela and to a democratically elected government in Venezuela shall also include assistance in preparing the Venezuelan military forces to adjust to an appropriate role in a democracy. (3) Distribution Assistance under a plan developed under paragraph (1) shall be provided through United States Federal departments and agencies and nongovernmental organizations and private and voluntary organizations, whether within or outside the United States, including humanitarian, educational, labor, and private sector organizations. (4) Communication with people of venezuela The President shall take the necessary steps to communicate to the people of Venezuela the plans for assistance developed under paragraph (1). (5) Report to congress Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report describing in detail the plans developed under paragraph (1). (b) Implementation of plans; reports to congress (1) Implementation with respect to transition government Upon submitting to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela, the President shall commence the delivery and distribution of assistance to the transition government under the plan developed under subsection (a)(1)(A)(i). (2) Reports to congress (A) Plan for assistance under transition government The President shall submit to the appropriate congressional committees a report— (i) setting forth the plan developed under subsection (a)(1)(A)(i) for providing assistance to Venezuela under a transition government; and (ii) describing the types of assistance, and the extent to which such assistance has been distributed, in accordance with the plan. (B) Deadlines for submission The President shall submit to the appropriate congressional committees— (i) a preliminary report described in subparagraph (A) not later than 15 days after making the determination described in paragraph (1); and (ii) the final report described in subparagraph (A) not later than 90 days after making that determination. (3) Implementation with respect to democratically elected government Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall commence the delivery and distribution of assistance to the democratically elected government under the plan developed under subsection (a)(1)(A)(ii). (4) Annual reports to congress Not later than 60 days after the end of each fiscal year, the President shall submit to the appropriate congressional committees a report on the assistance provided under the plans developed under subsection (a), including— (A) a description of each type of assistance and the amounts expended for such assistance during the preceding fiscal year; and (B) a description of the assistance to be provided under the plans in the fiscal year in which the report is submitted. (c) Coordinating official The President shall designate a coordinating official who shall be responsible for— (1) implementing the strategies for distributing assistance described in subsection (a)(1)(B); (2) ensuring the speedy and efficient distribution of such assistance; and (3) ensuring coordination among, and appropriate oversight by, the agencies of the United States that provide assistance described in section 402(a), including resolving any disputes among such agencies. (d) Reprogramming Any changes in the assistance to be provided under a plan developed under subsection (a) may not be made unless the President notifies the appropriate congressional committees at least 15 days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ). (e) Funding limitation Assistance may be provided under this section only if amounts are authorized to be appropriated, and are appropriated, to provide such assistance. (f) International efforts The President shall take the necessary steps— (1) to seek to obtain the agreement of other countries and of international financial institutions and multilateral organizations to provide to a transition government in Venezuela, and to a democratically elected government in Venezuela, assistance comparable to that provided by the United States under this section; and (2) to work with such countries, institutions, and organizations to coordinate all such assistance programs. 403. Report on trade and investment relations between the United States and Venezuela (a) Report to congress Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the appropriate congressional committees a report that describes— (1) acts, policies, and practices that constitute significant barriers to, or distortions of, United States trade in goods or services or foreign direct investment with respect to Venezuela; and (2) policy objectives of the United States regarding trade relations with a democratically elected government in Venezuela, and the reasons for such objectives, including possible reciprocal extension of nondiscriminatory trade treatment (most-favored-nation treatment). (b) Consultation With respect to the policy objectives described in subsection (a), the President shall— (1) consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the appropriate congressional committees; and (2) seek advice from the appropriate advisory committees established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 ). V General provisions 501. Effect of Act on lawful United States Government activities Nothing in this Act prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, or of an intelligence agency, of the United States. 502. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this Act, the authorities and requirements to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.