Rule2023-00347
Publication of Venezuela Sanctions Regulations Web General Licenses 1, 2, 4, and Subsequent Iterations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2023
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing seven general licenses (GLs) issued in the Venezuela Sanctions program: GLs 1, 2, 2A, 4, 4A, 4B, and 4C, each of which was previously made available on OFAC's website.
Full Text
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<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
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[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Rules and Regulations]
[Pages 1507-1511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00347]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 591
Publication of Venezuela Sanctions Regulations Web General
Licenses 1, 2, 4, and Subsequent Iterations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of Web General Licenses.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing seven general licenses (GLs) issued in the
Venezuela Sanctions program: GLs 1, 2, 2A, 4, 4A, 4B, and 4C, each of
which was previously made available on OFAC's website.
DATES: GL 1 was issued on August 25, 2017. See SUPPLEMENTARY
INFORMATION for additional relevant dates.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs,
202-622-4855; or Assistant Director for Sanctions Compliance &
Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website: <a href="http://www.treas.gov/ofac">www.treas.gov/ofac</a>.
Background
On August 25, 2017, OFAC issued GLs 1, 2, and 4 to authorize
certain transactions otherwise prohibited by Executive Order (E.O.)
13808 of August 24, 2017, ``Imposing Additional Sanctions with Respect
to the Situation in Venezuela'' (82 FR 41155, August 29, 2017).
Subsequently, OFAC issued one further iteration of GL 2 and three
further iterations of GL 4. On August 5, 2019 OFAC issued GL 2A
pursuant to E.O. 13808 and E.O. 13884 of August 5, 2019, ``Blocking
Property of the Government of Venezuela'' (84 FR 38843, August 7,
2019). GL 2A superseded GL 2. On March 22, 2019 OFAC issued GL 4A
pursuant to E.O.
[[Page 1508]]
13808 and E.O. 13850 of November 1, 2018, ``Blocking Property of
Additional Persons Contributing to the Situation in Venezuela'' (83 FR
55243, November 2, 2018). GL 4A superseded GL 4. On April 17, 2019,
OFAC issued GL 4B, which superseded GL 4A. On August 5, 2019, OFAC
issued GL 4C pursuant to E.O.s 13808, 13850, and 13884. GL 4C
superseded GL 4B. On November 22, 2019, OFAC incorporated the
prohibitions of Executive Order 13808, as well as any other Executive
orders issued pursuant to the national emergency declared in Executive
Order 13692 of March 8, 2015, into the Venezuelan Sanctions
Regulations, 31 CFR part 591. Each GL was made available on OFAC's
website (<a href="http://www.treas.gov/ofac">www.treas.gov/ofac</a>) when it was issued. The text of these GLs
is provided below.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation in
Venezuela
GENERAL LICENSE 1
Authorizing Certain Activities Necessary to Wind Down Existing
Contracts
(a) Except as provided in paragraph (b) of this general license,
all transactions prohibited by Subsections 1(a)(i)-(iii) and Subsection
1(b) of Executive Order of August 24, 2017, ``Imposing Additional
Sanctions with Respect to the Situation in Venezuela,'' that are
ordinarily incident and necessary to wind down contracts or other
agreements that were in effect prior to August 25, 2017, are authorized
through September 24, 2017.
(b) This general license does not authorize activities that are
otherwise prohibited under Executive Order of August 24, 2017,
Executive Order 13692 of March 8, 2015, or any part of 31 CFR Chapter
V.
(c) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
transactions take place, to file a detailed report, including the
parties involved, the value of the transactions, and the dates of the
transactions, with the Office of Foreign Assets Control, Sanctions
Compliance and Evaluation Division, U.S. Treasury Department, 1500
Pennsylvania Avenue NW, Freedman's Bank Building, Washington, DC 20220.
Reports may also be filed via email to <a href="/cdn-cgi/l/email-protection#efa0a9aeacbd8a9f809d9baf9b9d8a8e9c9a9d96c1888099"><span class="__cf_email__" data-cfemail="a6e9e0e7e5f4c3d6c9d4d2e6d2d4c3c7d5d3d4df88c1c9d0">[email protected]</span></a>.
Andrea Gacki,
Acting Director, Office of Foreign Assets Control,
Dated: August 25, 2017.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation in
Venezuela
GENERAL LICENSE 2
Authorizing Certain Transactions Involving CITGO Holding, Inc.
(a) Except as provided in paragraph (b) of this general license,
all transactions prohibited by Subsections 1(a)(i), 1(a)(ii), and 1(b)
of Executive Order of August 24, 2017, ``Imposing Additional Sanctions
with Respect to the Situation in Venezuela,'' where the only Government
of Venezuela entities involved are CITGO Holding, Inc. and any of its
subsidiaries, are authorized.
(b) This general license does not authorize any transaction that is
otherwise prohibited under Executive Order of August 24, 2017,
Executive Order 13692 of March 8, 2015, or any part of 31 CFR Chapter
V.
Andrea Gacki,
Acting Director, Office of Foreign Assets Control,
Dated: August 25, 2017.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order 13808 of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation in
Venezuela
Executive Order of August 5, 2019
Blocking Property of the Government of Venezuela
GENERAL LICENSE 2A
Authorizing Certain New Debt, New Equity, and Securities Transactions
Involving PDV Holding, Inc. and CITGO Holding, Inc.
(a) Except as provided in paragraph (b) of this general license,
all transactions and activities prohibited by Subsections 1(a)(i),
1(a)(ii), and 1(b) of Executive Order (E.O.) 13808, as amended by E.O.
13857 of January 25, 2019, or E.O. of August 5, 2019, where the only
Government of Venezuela entities involved are PDV Holding, Inc. (PDVH),
CITGO Holding, Inc., or any of their subsidiaries, are authorized.
(b) This general license does not authorize any transaction that is
otherwise prohibited by E.O. of August 5, 2019, or E.O. 13835 of May
21, 2018, E.O. 13827 of March 19, 2018, E.O. 13850 of November 1, 2018,
E.O. 13808, or E.O. 13692 of March 8, 2015, each as amended by E.O.
13857, or by any part of 31 CFR chapter V.
(c) Effective August 5, 2019, General License No. 2, dated August
25, 2017, is replaced and superseded in its entirety by this General
License No. 2A.
Andrea Gacki
Director, Office of Foreign Assets Control,
Dated: August 5, 2019.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order of August 24, 2017
Imposing Additional Sanctions with Respect to the Situation in
Venezuela
GENERAL LICENSE 4
Authorizing New Debt Transactions Related to the Exportation or
Reexportation of Agricultural Commodities, Medicine, Medical Devices,
or Replacement Parts and Components
(a) Except as provided in paragraph (b) of this general license,
all transactions related to, the provision of financing for, and other
dealings in new debt related to the exportation or reexportation, from
the United States or by a U.S. person, wherever located, of
agricultural commodities, medicine, medical devices, or replacement
parts and components for medical devices to Venezuela, or to persons in
third countries purchasing specifically for resale to Venezuela,
provided that the exportation or reexportation is licensed or otherwise
authorized by the Department of Commerce under the provisions of the
Export Administration Act of 1979, as amended (50 U.S.C. 4601-4623)
(see the Export Administration Regulations, 15 CFR parts 730 through
774), are hereby authorized.
(b) Limitations.
(1) Nothing in this general license relieves any exporter from
compliance with the export application requirements of another Federal
agency.
(2) This general license does not authorize any transaction that is
otherwise prohibited by Executive Order of August 24, 2017, ``Imposing
Additional Sanctions with Respect to the Situation in Venezuela,''
Executive Order 13692 of March 8, 2015, or any part of 31 CFR Chapter
V.
(c) Covered items. For the purposes of this general license,
agricultural commodities, medicine, and medical devices are defined
below.
(1) Agricultural commodities. For the purposes of this general
license, agricultural commodities are:
(i) Products that fall within the term ``agricultural commodity''
as defined in
[[Page 1509]]
section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
(ii) Food for humans (including raw, processed, and packaged foods;
live animals; vitamins and minerals; food additives or supplements; and
bottled drinking water) or animals (including animal feeds);
(iii) Seeds for food crops;
(iv) Fertilizers or organic fertilizers; or
(v) Reproductive materials (such as live animals, fertilized eggs,
embryos, and semen) for the production of food animals.
(2) Medicine. For the purposes of this general license, medicine is
an item that falls within the definition of the term ``drug'' in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(3) Medical devices. For the purposes of this general license, a
medical device is an item that falls within the definition of
``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
Andrea Gacki
Acting Director, Office of Foreign Assets Control,
Dated: August 25, 2017.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order 13808 of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation in
Venezuela
Executive Order 13850 of November 1, 2018
Blocking Property of Additional Persons Contributing to the Situation
in Venezuela
GENERAL LICENSE 4A
Authorizing New Debt Transactions and Transactions Involving Certain
Banks Related to the Exportation or Reexportation of Agricultural
Commodities, Medicine, Medical Devices, or Replacement Parts and
Components
(a) Except as provided in paragraph (b) of this general license,
all transactions related to, the provision of financing for, and other
dealings in new debt prohibited by Executive Order (E.O.) 13808, as
amended by E.O. 13857 of January 25, 2019 (``Taking Additional Steps to
Address the National Emergency With Respect to Venezuela''), and
transactions involving Banco de Venezuela, S.A. Banco Universal (Banco
de Venezuela) or Banco Bicentenario del Pueblo, de la Clase Obrera,
Mujer y Comunas, Banco Universal C.A. (Banco Bicentenario del Pueblo)
prohibited by E.O. 13850, as amended by E.O. 13857, are authorized,
provided that they are ordinarily incident and necessary to:
(1) The exportation or reexportation, from the United States or by
a U.S. person, wherever located, of agricultural commodities, medicine,
medical devices, or replacement parts and components for medical
devices to Venezuela, or to persons in third countries purchasing
specifically for resale to Venezuela, and provided that the exportation
or reexportation is licensed or otherwise authorized by the Department
of Commerce under the provisions of the Export Administration Act of
1979, as amended (50 U.S.C. 4601-4623) or its successor, the Export
Control Reform Act of 2018 (see the Export Administration Regulations,
15 CFR parts 730 through 774 (EAR)); or
(2) The exportation or reexportation of agricultural commodities,
medicine, medical devices, or replacement parts and components for
medical devices that are not subject to the EAR, to Venezuela, or to
persons in third countries purchasing specifically for resale to
Venezuela, and provided that the items to be exported or reexported are
not listed under any multilateral export control regime.
(b) Limitations.
(1) Nothing in this general license relieves any exporter from
compliance with the export application requirements of another Federal
agency.
(2) This general license does not authorize:
(A) Any transactions or dealings with Banco de Desarrollo Economico
y Social de Venezuela (BANDES) or Banco Bandes Uruguay S.A. (Bandes
Uruguay);
(B) The unblocking of any property blocked pursuant to E.O. 13850,
as amended by E.O. 13857, or any part of 31 CFR chapter V, except as
authorized by paragraph (a); or
(C) Any transaction that is otherwise prohibited by E.O. 13850 of
November 1, 2018, E.O. 13835 of May 21, 2018, E.O. 13827 of March 19,
2018, E.O. 13808 of August 24, 2017, E.O. 13692 of March 8, 2015, each
as amended by E.O. 13857, or any part of 31 CFR chapter V, or any
transactions or dealings with any blocked person other than the blocked
persons identified in paragraph (a) of this general license.
(c) Covered items. For the purposes of this general license,
agricultural commodities, medicine, and medical devices are defined
below.
(1) Agricultural commodities. For the purposes of this general
license, agricultural commodities are:
(i) Products that fall within the term ``agricultural commodity''
as defined in section 102 of the Agricultural Trade Act of 1978 (7
U.S.C. 5602);
(ii) Food for humans (including raw, processed, and packaged foods;
live animals; vitamins and minerals; food additives or supplements; and
bottled drinking water) or animals (including animal feeds);
(iii) Seeds for food crops;
(iv) Fertilizers or organic fertilizers; or
(v) Reproductive materials (such as live animals, fertilized eggs,
embryos, and semen) for the production of food animals.
(2) Medicine. For the purposes of this general license, medicine is
an item that falls within the definition of the term ``drug'' in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(3) Medical devices. For the purposes of this general license, a
medical device is an item that falls within the definition of
``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(d) Effective March 22, 2019, General License No. 4, dated August
25, 2017, is replaced and superseded in its entirety by this General
License No. 4A.
Bradley T. Smith,
Deputy Director, Office of Foreign Assets Control,
Dated: March 22, 2019.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order 13808 of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation in
Venezuela
Executive Order 13850 of November 1, 2018
Blocking Property of Additional Persons Contributing to the Situation
in Venezuela
GENERAL LICENSE 4B
Authorizing New Debt Transactions and Transactions Involving
Certain Banks Related to the Exportation or Reexportation of
Agricultural Commodities, Medicine, Medical Devices, or Replacement
Parts and Components
(a) Except as provided in paragraph (b) of this general license,
all transactions related to, the provision of financing for, and other
dealings in new debt prohibited by Executive Order (E.O.) 13808, as
amended by E.O. 13857 of January 25, 2019 (``Taking Additional Steps to
Address the National Emergency With Respect to Venezuela''), and
transactions involving Banco de Venezuela, S.A. Banco Universal (Banco
de Venezuela), Banco Bicentenario del Pueblo, de la Clase
[[Page 1510]]
Obrera, Mujer y Comunas, Banco Universal C.A. (Banco Bicentenario del
Pueblo), or Banco Central de Venezuela prohibited by E.O. 13850, as
amended by E.O. 13857, are authorized, provided that they are
ordinarily incident and necessary to:
(1) The exportation or reexportation, from the United States or by
a U.S. person, wherever located, of agricultural commodities, medicine,
medical devices, or replacement parts and components for medical
devices to Venezuela, or to persons in third countries purchasing
specifically for resale to Venezuela, and provided that the exportation
or reexportation is licensed or otherwise authorized by the Department
of Commerce under the provisions of the Export Administration Act of
1979, as amended (50 U.S.C. 4601-4623) or its successor, the Export
Control Reform Act of 2018 (see the Export Administration Regulations,
15 CFR parts 730 through 774 (EAR)); or
(2) The exportation or reexportation of agricultural commodities,
medicine, medical devices, or replacement parts and components for
medical devices that are not subject to the EAR, to Venezuela, or to
persons in third countries purchasing specifically for resale to
Venezuela, and provided that the items to be exported or reexported are
not listed under any multilateral export control regime.
(b) Limitations.
(1) Nothing in this general license relieves any exporter from
compliance with the export application requirements of another Federal
agency.
(2) This general license does not authorize:
(A) Any transactions or dealings with Banco de Desarrollo Economico
y Social de Venezuela (BANDES) or Banco Bandes Uruguay S.A. (Bandes
Uruguay);
(B) The unblocking of any property blocked pursuant to E.O. 13850,
as amended by E.O. 13857, or any part of 31 CFR chapter V, except as
authorized by paragraph (a); or
(C) Any transaction that is otherwise prohibited by E.O. 13850,
E.O. 13835 of May 21, 2018, E.O. 13827 of March 19, 2018, E.O. 13808,
E.O. 13692 of March 8, 2015, each as amended by E.O. 13857, or any part
of 31 CFR chapter V, or any transactions or dealings with any blocked
person other than the blocked persons identified in paragraph (a) of
this general license.
(c) Covered items. For the purposes of this general license,
agricultural commodities, medicine, and medical devices are defined
below.
(1) Agricultural commodities. For the purposes of this general
license, agricultural commodities are:
(i) Products that fall within the term ``agricultural commodity''
as defined in section 102 of the Agricultural Trade Act of 1978 (7
U.S.C. 5602);
(ii) Food for humans (including raw, processed, and packaged foods;
live animals; vitamins and minerals; food additives or supplements; and
bottled drinking water) or animals (including animal feeds);
(iii) Seeds for food crops;
(iv) Fertilizers or organic fertilizers; or
(v) Reproductive materials (such as live animals, fertilized eggs,
embryos, and semen) for the production of food animals.
(2) Medicine. For the purposes of this general license, medicine is
an item that falls within the definition of the term ``drug'' in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(3) Medical devices. For the purposes of this general license, a
medical device is an item that falls within the definition of
``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(d) Effective April 17, 2019, General License No. 4A, dated March
22, 2019, is replaced and superseded in its entirety by this General
License No. 4B.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Dated: April 17, 2019.
OFFICE OF FOREIGN ASSETS CONTROL
Executive Order 13808 of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation in
Venezuela
Executive Order 13850 of November 1, 2018
Blocking Property of Additional Persons Contributing to the Situation
in Venezuela
Executive Order of August 5, 2019
Blocking Property of the Government of Venezuela
GENERAL LICENSE 4C
Authorizing Certain New Debt Transactions and Other Transactions
Involving Certain Blocked Persons Related to the Exportation or
Reexportation of Agricultural Commodities, Medicine, Medical Devices,
Replacement Parts and Components, or Software Updates
(a) Except as provided in paragraph (b) of this general license,
the following transactions are authorized, provided that they are
ordinarily incident and necessary to the exportation or reexportation
of agricultural commodities, medicine, medical devices, replacement
parts and components for medical devices, or software updates for
medical devices to Venezuela, or to persons in third countries
purchasing specifically for resale to Venezuela:
(1) All transactions related to, the provision of financing for,
and other dealings in new debt prohibited by Executive Order (E.O.)
13808, as amended by E.O. 13857 of January 25, 2019;
(2) All transactions prohibited by E.O. 13850, as amended by E.O.
13857, involving Banco de Venezuela, S.A. Banco Universal (Banco de
Venezuela), Banco Bicentenario del Pueblo, de la Clase Obrera, Mujer y
Comunas, Banco Universal C.A. (Banco Bicentenario del Pueblo), or Banco
Central de Venezuela; and
(3) All transactions prohibited by E.O. of August 5, 2019 involving
the Government of Venezuela.
Note to paragraph (a)(3): The authorization in paragraph (a)(3) of
this general license authorizes transactions involving Government of
Venezuela persons blocked solely pursuant to E.O. of August 5, 2019.
(b) This general license does not authorize:
(1) Any transactions or dealings with Banco de Desarrollo Economico
y Social de Venezuela (BANDES) or Banco Bandes Uruguay S.A. (Bandes
Uruguay);
(2) The unblocking of any property blocked pursuant to E.O. of
August 5, 2019 or E.O. 13850, as amended, or any part of 31 CFR chapter
V, except as authorized by paragraph (a); or
(3) Any transaction that is otherwise prohibited by E.O. of August
5, 2019, or E.O. 13850, E.O. 13835 of May 21, 2018, E.O. 13827 of March
19, 2018, E.O. 13808, or E.O. 13692 of March 8, 2015, each as amended
by E.O. 13857, or any part of 31 CFR chapter V, or any transactions or
dealings with any blocked person other than the transactions described
in paragraphs (a)(2)-(3) of this general license.
(c) Covered items. For the purposes of this general license,
agricultural commodities, medicine, and medical devices are defined
below.
(1) Agricultural commodities. For the purposes of this general
license, agricultural commodities are:
(i) Products that fall within the term ``agricultural commodity''
as defined in section 102 of the Agricultural Trade Act of 1978 (7
U.S.C. 5602);
(ii) Food for humans (including raw, processed, and packaged foods;
live animals; vitamins and minerals; food additives or supplements; and
bottled
[[Page 1511]]
drinking water) or animals (including animal feeds);
(iii) Seeds for food crops;
(iv) Fertilizers or organic fertilizers; or
(v) Reproductive materials (such as live animals, fertilized eggs,
embryos, and semen) for the production of food animals.
(2) Medicine. For the purposes of this general license, medicine is
an item that falls within the definition of the term ``drug'' in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(3) Medical devices. For the purposes of this general license, a
medical device is an item that falls within the definition of
``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(d) Effective August 5, 2019, General License No. 4B, dated April
17, 2019, is replaced and superseded in its entirety by this General
License No. 4C.
Note to General License 4C: Nothing in this general license
relieves any exporter from compliance with the requirements of other
Federal agencies, including the Department of Commerce's Bureau of
Industry and Security.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Dated: August 5, 2019.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023-00347 Filed 1-10-23; 8:45 am]
BILLING CODE 4810-AL-P
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