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Title II — Promoting democratic change in Venezuela

S. 995 · 118th Congress · Mar 28, 2023 · Lineage

II Promoting democratic change in Venezuela

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.