[USC02] 22 USC CHAPTER 104, SUBCHAPTER VI: RESTORING THE RULE OF LAW IN VENEZUELA
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22 USC CHAPTER 104, SUBCHAPTER VI: RESTORING THE RULE OF LAW IN VENEZUELA
From Title 22—FOREIGN RELATIONS AND INTERCOURSECHAPTER 104—VENEZUELA ASSISTANCE

SUBCHAPTER VI—RESTORING THE RULE OF LAW IN VENEZUELA

§9751. Developing and implementing a coordinated sanctions strategy with partners in the Western Hemisphere and the European Union

(a) Strengthening sanctions capacity in Latin America and the Caribbean

The Secretary of State, in consultation with the Secretary of the Treasury, shall offer to provide technical assistance to partner governments in Latin America and the Caribbean to assist such governments in establishing the legislative and regulatory frameworks needed to impose targeted sanctions on officials of the Maduro regime who—

(1) are responsible for human rights abuses;

(2) have engaged in public corruption; or

(3) are undermining democratic institutions and processes in Venezuela.

(b) Coordinating international sanctions

The Secretary of State, in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with partner governments, including the Government of Canada, governments in the European Union, and governments in Latin America and the Caribbean, to impose targeted sanctions on the Maduro regime officials described in subsection (a).

(c) Strategy requirement

Not later than 90 days after December 20, 2019, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a strategy for carrying out the activities described in subsection (a) to—

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Appropriations of the Senate;

(3) the Committee on Banking, Housing, and Urban Affairs of the Senate;

(4) the Committee on Foreign Affairs of the House of Representatives;

(5) the Committee on Appropriations of the House of Representatives; and

(6) the Committee on Financial Services of the House of Representatives.

(d) Authorization of appropriations

(1) In general

There is authorized to be appropriated to the Secretary of State for fiscal year 2020, $3,000,000 to carry out the activities set forth in subsection (a).

(2) Notification requirements

Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 2346(c) of this title and the International Narcotics and Law Enforcement Fund under section 2291h of this title to the extent that such funds are expended.

(Pub. L. 116–94, div. J, title I, §161, Dec. 20, 2019, 133 Stat. 3040.)

§9752. Concerns over PDVSA transactions with Rosneft

(a) Findings

Congress makes the following findings:

(1) In late 2016, Venezuelan state-owned oil company PetroÿAE1leos de Venezuela, S.A. (referred to in this section as "PDVSA"), through a no compete transaction, secured a loan from Russian government-controlled oil company Rosneft, using 49.9 percent of PDVSA's American subsidiary, CITGO Petroleum Corporation, including its assets in the United States, as collateral. As a result of this transaction, 100 percent of CITGO is held as collateral by PDVSA's creditors.

(2) CITGO, a wholly owned subsidiary of PDVSA, is engaged in interstate commerce and owns and controls critical energy infrastructure in 19 States of the United States, including an extensive network of pipelines, 48 terminals, and 3 refineries, with a combined oil refining capacity of 749,000 barrels per day. CITGO's refinery in Lake Charles, Louisiana, is the sixth largest refinery in the United States.

(3) The Department of the Treasury imposed sanctions on Rosneft, which is controlled by the Government of the Russian Federation, and its Executive Chairman, Igor Sechin, following Russia's military invasion of Ukraine and its illegal annexation of Crimea in 2014.

(4) The Department of Homeland Security has designated the energy sector as critical to United States infrastructure.

(5) The growing economic crisis in Venezuela raises the probability that the Maduro regime and PDVSA will default on their international debt obligations, resulting in a scenario in which Rosneft could come into control of CITGO's United States energy infrastructure holdings.

(b) Sense of Congress

It is the sense of Congress that—

(1) control of critical United States energy infrastructure by Rosneft, a Russian government-controlled entity currently under United States sanctions that is led by Igor Sechin, who is also under United States sanctions and is a close associate of Vladimir Putin, would pose a significant risk to United States national security and energy security; and

(2) a default by PDVSA on its loan from Rosneft, resulting in Rosneft coming into possession of PDVSA's United States CITGO assets, would warrant careful consideration by the Committee on Foreign Investment in the United States.

(c) Preventing Rosneft from controlling United States energy infrastructure

The President shall take all necessary steps to prevent Rosneft from gaining control of critical United States energy infrastructure.

(d) Security risk report

Not later than 90 days after December 20, 2019, the President shall submit a report assessing the national security risks posed by potential Russian acquisition and control of CITGO's United States energy infrastructure holdings to—

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Homeland Security and Governmental Affairs of the Senate;

(3) the Committee on Banking, Housing, and Urban Affairs of the Senate;

(4) the Committee on Foreign Affairs of the House of Representatives;

(5) the Committee on Homeland Security of the House of Representatives; and

(6) the Committee on Financial Services of the House of Representatives.

(Pub. L. 116–94, div. J, title I, §163, Dec. 20, 2019, 133 Stat. 3041.)

§9753. Countering Russian influence in Venezuela

(a) Short title

This section may be cited as the "Russian-Venezuelan Threat Mitigation Act".

(b) Threat assessment and strategy to counter Russian influence in Venezuela

(1) Defined term

In this subsection, the term "appropriate congressional committees" means—

(A) the Committee on Foreign Relations of the Senate; and

(B) the Committee on Foreign Affairs of the House of Representatives.

(2) Threat assessment

Not later than 120 days after December 20, 2019, the Secretary of State shall submit a report to the appropriate congressional committees regarding—

(A) an assessment of Russian-Venezuelan security cooperation;

(B) the potential threat such cooperation poses to the United States and countries in the Western Hemisphere; and

(C) a strategy to counter threats identified in subparagraphs (A) and (B).

(c) Aliens ineligible for visas, admission, or parole

(1) Aliens described

An alien described in this paragraph is an alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either Secretary) knows, or has reason to believe, is acting or has acted on behalf of the Government of Russia in direct support of the security forces of the Maduro regime.

(2) Visas, admission, or parole

An alien described in paragraph (1) is—

(A) inadmissible to the United States;

(B) ineligible to receive a visa or other documentation to enter the United States; and

(C) otherwise ineligible to be admitted or paroled into the United States or to receive any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(3) Current visas revoked

(A) In general

An alien described in paragraph (1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.

(B) Immediate effect

A revocation under subparagraph (A) shall—

(i) take effect immediately; and

(ii) automatically cancel any other valid visa or entry documentation that is in the alien's possession.

(4) Exceptions

Sanctions under paragraphs (2) and (3) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

(A) 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, between the United Nations and the United States, or other applicable international obligations; or

(B) to carry out or assist law enforcement activity in the United States.

(5) National security

The President may waive the application of this subsection with respect to an alien if the President—

(A) determines that such a waiver is in the national interest of the United States; and

(B) submits a notice of, and justification for, such waiver to the appropriate congressional committees.

(6) Sunset

This subsection shall terminate on the date that is 1 year after December 20, 2019.

(Pub. L. 116–94, div. J, title I, §165, Dec. 20, 2019, 133 Stat. 3043.)

References in Text

The Immigration and Nationality Act, referred to in subsec. (c)(2)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

§9754. Restriction on export of covered articles and services to certain security forces of Venezuela

(a) Short title

This section may be cited as the "Venezuela Arms Restriction Act".

(b) Definitions

In this section:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Foreign Relations of the Senate;

(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;

(C) the Committee on Foreign Affairs of the House of Representatives; and

(D) the Committee on Financial Services of the House of Representatives.

(2) Covered article or service

The term "covered article or service"—

(A) for purposes of subsection (c), means—

(i) a defense article or defense service (as such terms are defined in section 2794 of this title); 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 the end user is likely to use the article to violate the human rights of the citizens of Venezuela; and


(B) for purposes of subsection (d), means—

(i) any defense article or defense service of the type described in section 2794 of this title; 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.

(c) Restriction on export of covered articles and services to certain security forces of Venezuela

(1) 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 the Maduro regime.

(2) Determination

Not later than 180 days after December 20, 2019, the Secretary of State, in consultation with the Secretary of Commerce and the heads of other departments and agencies, as appropriate, shall—

(A) 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

(B) submit such determination in writing to the appropriate congressional committees.

(d) Report

(1) In general

Not later than 180 days after December 20, 2019, the Secretary of State, in consultation with the Secretary of Commerce, as appropriate, shall submit a report to the appropriate congressional committees regarding the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of the Maduro regime.

(2) Matters to be included

The report required under paragraph (1) shall include—

(A) 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;

(B) a list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela; and

(C) 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 GuaidoÿAE1.

(e) Sunset

This section shall terminate on the earlier of—

(1) the date that is 3 years after December 20, 2019; 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, adopted by the Organization of American States in Lima on September 11, 2001.

(Pub. L. 116–94, div. J, title I, §166, Dec. 20, 2019, 133 Stat. 3044.)