Venezuela Arms Restriction Act

Bill: 116-hr-920
Sponsor: full_name: Rep. Shalala, Donna E. [D-FL-27]
Introduced: 2019-01-30
Policy area: International Affairs
Subjects: Arms control and nonproliferation

Congressional oversight

Foreign aid and international relief

Human rights

International organizations and cooperation

Latin America

Military assistance, sales, and agreements

Militias and paramilitary groups

Protest and dissent

Rule of law and government transparency

Sanctions

Sovereignty, recognition, national governance and status

Trade restrictions

Venezuela
Latest action: action_date: 2019-03-26
text: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

Summaries:
action_date: 2019-01-30
action_desc: Introduced in House
text: <p><b>Venezuela Arms Restriction Act</b></p> <p>This bill prohibits the export of weapons and related services to security forces controlled by any Venezuelan government not recognized by the United States. </p> <p>(The United States recognizes Juan Guaido as interim president, not the government of President Nicolas Maduro.)</p> <p>The prohibition includes weapons, weapons systems, munitions, and equipment or materials necessary to produce such weapons. Defense services, including testing and repair of weapons, technical assistance,&nbsp;and training, are also prohibited.</p> <p>The Department of State shall report to Congress on the transfer of the prohibited items and services by foreign persons to the unrecognized Venezuelan government security forces. The report shall also include information on any known use of the prohibited items and services by such security forces.</p> <p>The unrecognized Venezuelan security forces include (1) the Bolivarian National Armed Forces, including the Bolivarian National Guard; (2) the Bolivarian National Intelligence Service; (3) the Bolivarian National Police; and (4) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace.<br /></p>

action_date: 2019-03-25
action_desc: Passed House
text: <p><b>Venezuela Arms Restriction Act</b></p> <p>This bill prohibits the export of weapons and related services to security forces controlled by any Venezuelan government not recognized by the United States. </p> <p>(The United States recognizes Juan Guaido as interim president, not the government of President Nicolas Maduro.)</p> <p>The prohibition includes weapons, weapons systems, munitions, and equipment or materials necessary to produce such weapons. Defense services, including testing and repair of weapons, technical assistance,&nbsp;and training, are also prohibited.</p> <p>The Department of State shall report to Congress on the transfer of the prohibited items and services by foreign persons to the unrecognized Venezuelan government security forces. The report shall also include information on any known use of the prohibited items and services by such security forces.</p> <p>The unrecognized Venezuelan security forces include (1) the Bolivarian National Armed Forces, including the Bolivarian National Guard; (2) the Bolivarian National Intelligence Service; (3) the Bolivarian National Police; and (4) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace.<br /></p>

tv_txt: I 116th CONGRESS 1st Session H. R. 920 IN THE HOUSE OF REPRESENTATIVES January 30, 2019 Ms. Shalala (for herself, Mr. Diaz-Balart , Ms. Wasserman Schultz , Miss González-Colón of Puerto Rico , Mr. Soto , Mrs. Murphy , Ms. Mucarsel-Powell , and Mr. Sires ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To restrict the transfer of defense articles, defense services, and crime control articles to any element of the security forces of Venezuela that is under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States, and for other purposes.

1. Short title This Act may be cited as the Venezuela Arms Restriction Act . 2. Restriction on export of covered articles and services to certain security forces of Venezuela Notwithstanding any other provision of law, covered articles or services may not be exported from the United States to any element of the security forces of Venezuela that is under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States. 3. Report (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce as appropriate, shall submit to the appropriate congressional committees a report on the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States. (b) Matters To be included The report required by subsection (a) shall include the following: (1) A list of all significant transfers by foreign persons of covered articles or services to such elements of the security forces of Venezuela since July 2017. (2) A list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela. (3) Any known use of covered articles or services by such elements of the security forces of Venezuela or associated forces, including paramilitary groups, that have coordinated with such security forces to assault, intimidate, or murder political activists, protesters, dissidents, and other civil society leaders. 4. Termination This Act shall expire on the earlier of— (1) the date that is 3 years after the date of the enactment of this Act; or (2) the date on which the President certifies to the appropriate congressional committees that the Government of Venezuela has returned to a democratic form of government with respect for the essential elements of representative democracy as set forth in Article 3 of the Inter-American Democratic Charter. 5. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Covered article or service The term covered article or service — (A) for purposes of section 2, means— (i) a defense article or defense service, as such terms are defined in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ); and (ii) any article included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled for crime control purposes, if it is determined that the end-user is likely to use the article to violate the human rights of the citizens of Venezuela; and (B) for purposes of section 3, means— (i) any defense article or defense service of the type described in section 47 of the Arms Export Control Act; and (ii) any article of the type included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations and controlled for crime control purposes. (3) Foreign person The term foreign person means a person that is not a United States person. (4) Person The term person means an individual or entity. (5) Security forces of Venezuela The term security forces of Venezuela includes— (A) the Bolivarian National Armed Forces, including the Bolivarian National Guard; (B) the Bolivarian National Intelligence Service; (C) the Bolivarian National Police; and (D) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace. (6) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

tv_txt: I 116th CONGRESS 1st Session H. R. 920 IN THE HOUSE OF REPRESENTATIVES AN ACT To restrict the transfer of defense articles, defense services, and crime control articles to any element of the security forces of Venezuela that is under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States, and for other purposes.

1. Short title This Act may be cited as the Venezuela Arms Restriction Act . 2. Restriction on export of covered articles and services to certain security forces of Venezuela (a) In general Notwithstanding any other provision of law, covered articles or services may not be exported from the United States to any element of the security forces of Venezuela that is under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce and the heads of other departments and agencies as appropriate, shall— (1) determine, using such information that is available to the Secretary of State, whether any covered article or service has been transferred since July 2017 to the security forces of Venezuela without a license or other authorization as required by law; and (2) submit such determination in writing to the appropriate congressional committees. 3. Report (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce as appropriate, shall submit to the appropriate congressional committees a report on the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States. (b) Matters To be included The report required by subsection (a) shall include the following: (1) A list of all significant transfers by foreign persons of covered articles or services to such elements of the security forces of Venezuela since July 2017. (2) A list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela. (3) Any known use of covered articles or services by such elements of the security forces of Venezuela or associated forces, including paramilitary groups, that have coordinated with such security forces to assault, intimidate, or murder political activists, protesters, dissidents, and other civil society leaders, including Juan Guaido. 4. Termination This Act shall expire on the earlier of— (1) the date that is 3 years after the date of the enactment of this Act; or (2) the date on which the President certifies to the appropriate congressional committees that the Government of Venezuela has returned to a democratic form of government with respect for the essential elements of representative democracy as set forth in Article 3 of the Inter-American Democratic Charter. 5. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Covered article or service The term covered article or service — (A) for purposes of section 2, means— (i) a defense article or defense service, as such terms are defined in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ); and (ii) any article included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled for crime control purposes, if it is determined that the end-user is likely to use the article to violate the human rights of the citizens of Venezuela; and (B) for purposes of section 3, means— (i) any defense article or defense service of the type described in section 47 of the Arms Export Control Act; and (ii) any article of the type included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations and controlled for crime control purposes. (3) Foreign person The term foreign person means a person that is not a United States person. (4) Person The term person means an individual or entity. (5) Security forces of Venezuela The term security forces of Venezuela includes— (A) the Bolivarian National Armed Forces, including the Bolivarian National Guard; (B) the Bolivarian National Intelligence Service; (C) the Bolivarian National Police; and (D) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace. (6) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Passed the House of Representatives March 25, 2019. Cheryl L. Johnson, Clerk.

tv_txt: IIB 116th CONGRESS 1st Session H. R. 920 IN THE SENATE OF THE UNITED STATES March 26, 2019 Received; read twice and referred to the Committee on Foreign Relations AN ACT To restrict the transfer of defense articles, defense services, and crime control articles to any element of the security forces of Venezuela that is under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States, and for other purposes.

1. Short title This Act may be cited as the Venezuela Arms Restriction Act . 2. Restriction on export of covered articles and services to certain security forces of Venezuela (a) In general Notwithstanding any other provision of law, covered articles or services may not be exported from the United States to any element of the security forces of Venezuela that is under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce and the heads of other departments and agencies as appropriate, shall— (1) determine, using such information that is available to the Secretary of State, whether any covered article or service has been transferred since July 2017 to the security forces of Venezuela without a license or other authorization as required by law; and (2) submit such determination in writing to the appropriate congressional committees. 3. Report (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce as appropriate, shall submit to the appropriate congressional committees a report on the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of a government of Venezuela that is not recognized as the legitimate government of Venezuela by the Government of the United States. (b) Matters To be included The report required by subsection (a) shall include the following: (1) A list of all significant transfers by foreign persons of covered articles or services to such elements of the security forces of Venezuela since July 2017. (2) A list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela. (3) Any known use of covered articles or services by such elements of the security forces of Venezuela or associated forces, including paramilitary groups, that have coordinated with such security forces to assault, intimidate, or murder political activists, protesters, dissidents, and other civil society leaders, including Juan Guaido. 4. Termination This Act shall expire on the earlier of— (1) the date that is 3 years after the date of the enactment of this Act; or (2) the date on which the President certifies to the appropriate congressional committees that the Government of Venezuela has returned to a democratic form of government with respect for the essential elements of representative democracy as set forth in Article 3 of the Inter-American Democratic Charter. 5. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Covered article or service The term covered article or service — (A) for purposes of section 2, means— (i) a defense article or defense service, as such terms are defined in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ); and (ii) any article included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled for crime control purposes, if it is determined that the end-user is likely to use the article to violate the human rights of the citizens of Venezuela; and (B) for purposes of section 3, means— (i) any defense article or defense service of the type described in section 47 of the Arms Export Control Act; and (ii) any article of the type included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations and controlled for crime control purposes. (3) Foreign person The term foreign person means a person that is not a United States person. (4) Person The term person means an individual or entity. (5) Security forces of Venezuela The term security forces of Venezuela includes— (A) the Bolivarian National Armed Forces, including the Bolivarian National Guard; (B) the Bolivarian National Intelligence Service; (C) the Bolivarian National Police; and (D) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace. (6) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

Passed the House of Representatives March 25, 2019. Cheryl L. Johnson, Clerk.