[Federal Register Volume 80, Number 47 (Wednesday, March 11, 2015)]
[Presidential Documents]
[Pages 12747-12751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05677]




Presidential Documents



Federal Register / Vol. 80, No. 47 / Wednesday, March 11, 2015 /
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 12747]]

Executive Order 13692 of March 8, 2015


Blocking Property and Suspending Entry of Certain
Persons Contributing to the Situation in Venezuela

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.)
(NEA), the Venezuela Defense of Human Rights and Civil
Society Act of 2014 (Public Law 113-278) (the
``Venezuela Defense of Human Rights Act'') (the
``Act''), section 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and
section 301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of
America, find that the situation in Venezuela,
including the Government of Venezuela's erosion of
human rights guarantees, persecution of political
opponents, curtailment of press freedoms, use of
violence and human rights violations and abuses in
response to antigovernment protests, and arbitrary
arrest and detention of antigovernment protestors, as
well as the exacerbating presence of significant public
corruption, constitutes an unusual and extraordinary
threat to the national security and foreign policy of
the United States, and I hereby declare a national
emergency to deal with that threat. I hereby order:

Section 1. (a) All property and interests in property
that are in the United States, that hereafter come
within the United States, or that are or hereafter come
within the possession or control of any United States
person of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise
dealt in:

(i) the persons listed in the Annex to this order; and

(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:

(A) to be responsible for or complicit in, or responsible for ordering,
controlling, or otherwise directing, or to have participated in, directly
or indirectly, any of the following in or in relation to Venezuela:

(1) actions or policies that undermine democratic processes or
institutions;

(2) significant acts of violence or conduct that constitutes a serious
abuse or violation of human rights, including against persons involved in
antigovernment protests in Venezuela in or since February 2014;

(3) actions that prohibit, limit, or penalize the exercise of freedom of
expression or peaceful assembly; or

(4) public corruption by senior officials within the Government of
Venezuela;

(B) to be a current or former leader of an entity that has, or whose
members have, engaged in any activity described in subsection (a)(ii)(A) of
this section or of an entity whose property and interests in property are
blocked pursuant to this order;

(C) to be a current or former official of the Government of Venezuela;

(D) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of:

(1) a person whose property and interests in property are blocked pursuant
to this order; or

[[Page 12748]]

(2) an activity described in subsection (a)(ii)(A) of this section; or

(E) to be owned or controlled by, or to have acted or purported to act for
or on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to this order.

(b) The prohibitions in subsection (a) of this
section apply except to the extent provided by
statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date
of this order.

Sec. 2. I hereby find that the unrestricted immigrant
and nonimmigrant entry into the United States of aliens
determined to meet one or more of the criteria in
subsection 1(a) of this order would be detrimental to
the interests of the United States, and I hereby
suspend entry into the United States, as immigrants or
nonimmigrants, of such persons, except where the
Secretary of State determines that the person's entry
is in the national interest of the United States. This
section shall not apply to an alien if admitting the
alien into the United States is necessary to permit the
United States to comply with the Agreement Regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, or other applicable international
obligations.

Sec. 3. I hereby determine that the making of donations
of the type of articles specified in section 203(b)(2)
of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the
benefit of any person whose property and interests in
property are blocked pursuant to section 1 of this
order would seriously impair my ability to deal with
the national emergency declared in this order, and I
hereby prohibit such donations as provided by section 1
of this order.

Sec. 4. The prohibitions in section 1 of this order
include but are not limited to:

(a) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of
any person whose property and interests in property are
blocked pursuant to this order; and
(b) the receipt of any contribution or provision of
funds, goods, or services from any such person.

Sec. 5. (a) 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 order is prohibited.

(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.

Sec. 6. For the purposes of this order:

(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
(d) the term ``Government of Venezuela'' means the
Government of Venezuela, any political subdivision,
agency, or instrumentality thereof, including the
Central Bank of Venezuela, and any person owned or
controlled by, or acting for or on behalf of, the
Government of Venezuela.

Sec. 7. For those persons whose property and interests
in property are blocked pursuant to this order who
might have a constitutional presence in the United
States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to
such persons of measures to be taken pursuant to this
order would render those measures ineffectual. I
therefore determine that for these measures to be
effective in addressing

[[Page 12749]]

the national emergency declared in this order, there
need be no prior notice of a listing or determination
made pursuant to section 1 of this order.

Sec. 8. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including the promulgation of rules
and regulations, and to employ all powers granted to
the President by IEEPA and section 5 of the Venezuela
Defense of Human Rights Act, other than the authorities
contained in sections 5(b)(1)(B) and 5(c) of that Act,
as may be necessary to carry out the purposes of this
order, with the exception of section 2 of this order,
and the relevant provisions of section 5 of that Act.
The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the
United States Government consistent with applicable
law. All agencies of the United States Government are
hereby directed to take all appropriate measures within
their authority to carry out the provisions of this
order.

Sec. 9. The Secretary of State is hereby authorized to
take such actions, including the promulgation of rules
and regulations, and to employ all powers granted to
the President by IEEPA, the INA, and section 5 of the
Venezuela Defense of Human Rights Act, including the
authorities set forth in sections 5(b)(1)(B), 5(c), and
5(d) of that Act, as may be necessary to carry out
section 2 of this order and the relevant provisions of
section 5 of that Act. The Secretary of State may
redelegate any of these functions to other officers and
agencies of the United States Government consistent
with applicable law.

Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
determine that circumstances no longer warrant the
blocking of the property and interests in property of a
person listed in the Annex to this order, and to take
necessary action to give effect to that determination.

Sec. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
submit the recurring and final reports to the Congress
on the national emergency declared in this order,
consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).

Sec. 12. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

[[Page 12750]]

Sec. 13. This order is effective at 12:01 a.m. eastern
daylight time on March 9, 2015.


(Presidential Sig.)

THE WHITE HOUSE,

March 8, 2015.

Billing Code 3295-F5-P

[[Page 12751]]

ANNEX

1. Antonio Jos[eacute] Benavides Torres [Commander
of the Central Integral Strategic Defense Region of the
National Armed Forces, former Director of Operations
for the National Guard; born June 13, 1961]
2. Gustavo Enrique Gonz[aacute]lez L[oacute]pez
[Director General of the National Intelligence Service
and President of the Strategic Center of Security and
Protection of the Homeland; born November 2, 1960]
3. Justo Jos[eacute] Noguera Pietri [President of
the Venezuelan Corporation of Guayana, former General
Commander of the National Guard; born March 15, 1961]
4. Katherine Nayarith Haringhton Padron [National
Level Prosecutor of the 20th District Office of the
Public Ministry; born December 5, 1971]
5. Manuel Eduardo P[eacute]rez Urdaneta [Director
of the National Police; born May 26, 1962]
6. Manuel Gregorio Bernal Mart[iacute]nez [Chief of
the 31st Armored Brigade of Caracas, former Director
General of the National Intelligence Service; born July
12, 1965]
7. Miguel Alcides Vivas Landino [Inspector General
of the National Armed Forces, former Commander of the
Andes Integral Strategic Defense Region of the National
Armed Forces; born July 8, 1961]

[FR Doc. 2015-05677
Filed 3-10-15; 8:45 am]
Billing Code 4811-33-P