02-28-2025

Continuation of the National Emergency With Respect to Venezuela

NoticeView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: This executive action continues for one year the national emergency concerning Venezuela, which is the legal foundation for U.S. sanctions against the country. The emergency was first declared in 2015 due to the Venezuelan government's human rights abuses, persecution of opponents, and significant corruption.

Money: There is no direct appropriation of U.S. taxpayer funds. The financial impact is primarily on the Venezuelan economy. Sanctions have been estimated to have cost the Venezuelan economy tens of billions of dollars by impeding its access to U.S. financial markets and restricting its oil, gas, and gold industries. One estimate suggests the sanctions led to an $11 billion loss for the Venezuelan economy in 2019 alone.

Your Impact: For the average American, the direct impact is minimal. The primary effects are on the Venezuelan-American community and U.S. companies that have or had business in Venezuela. The sanctions can indirectly influence U.S. immigration, as the resulting economic crisis in Venezuela has fueled mass migration.

Status: The notice of continuation was signed by the President on February 27, 2025, and published in the Federal Register on February 28, 2025, extending the national emergency for one year.

What's Actually in the Bill

This notice is not a new law but a continuation of an existing presidential power. Under the National Emergencies Act, the President must annually renew a declared national emergency for it to remain in effect. This specific notice extends the state of emergency regarding Venezuela, originally established by Executive Order 13692 in 2015. The continuation maintains the legal authority for the U.S. government to impose a wide range of economic sanctions on Venezuela.

Core Provisions:

  • One-Year Extension: The national emergency concerning Venezuela, first declared on March 8, 2015, is formally continued for another year.
  • Maintained Sanctions Authority: This continuation keeps in force the legal framework for all related sanctions established by multiple executive orders between 2015 and 2019. These sanctions include blocking the property of targeted individuals and entities, prohibiting transactions with Venezuela's state-owned oil and gold companies, and restricting the government's access to U.S. financial markets.
  • Justification: The official reason stated for the continuation is that the situation in Venezuela—including the erosion of human rights, persecution of political opponents, and government corruption—has not improved and continues to pose an "unusual and extraordinary threat to the national security and foreign policy of the United States."

Stated Purpose (from the Sponsors):

The original Executive Order 13692 and subsequent orders were issued to address specific concerns.

  1. To target those responsible for the erosion of human rights, persecution of political opponents, and curtailment of press freedoms.
  2. To respond to the use of violence, human rights abuses, and arbitrary arrests against antigovernment protestors.
  3. To combat significant public corruption by senior government officials in Venezuela.
  4. To block the Maduro government and its supporters from using the U.S. financial system for what the U.S. deems destructive practices.

Key Facts:

Affected Sectors: Energy (oil and gas), Mining (gold), Banking, and Finance.
Timeline: The national emergency has been renewed annually since March 2015. This notice extends it through March 8, 2026.
Scope: The sanctions primarily target the Venezuelan government, state-owned enterprises like Petróleos de Venezuela, S.A. (PDVSA), and individuals associated with the Maduro regime.

The Backstory: How We Got Here

Timeline of Events:

Pre-Sanctions Era (2005-2014):

Even before the 2015 national emergency, the U.S. expressed concerns about Venezuela. Since 2005, the U.S. has annually determined that Venezuela was not cooperating with anti-drug and anti-terrorism efforts. In 2014, following violent suppression of protests, the U.S. Congress passed the Venezuela Defense of Human Rights and Civil Society Act, which authorized sanctions on individuals responsible for human rights violations.

The National Emergency and Expansion of Sanctions (2015-2019):

In March 2015, President Obama issued Executive Order 13692, declaring a national emergency and imposing sanctions on Venezuelan officials. Under the Trump administration, sanctions were significantly expanded. In 2017, financial sanctions were imposed, cutting off the Venezuelan government and its state oil company, PDVSA, from U.S. debt and equity markets. In January 2019, following a disputed presidential election, the U.S. sanctioned PDVSA directly, blocking it from being paid for oil exports to the U.S. and freezing $7 billion in assets. Throughout this period, additional executive orders targeted Venezuela's digital currency, gold sector, and other parts of its economy.

The "Maximum Pressure" Campaign and Recent Policy Shifts (2019-Present):

The U.S. pursued a "maximum pressure" campaign to compel regime change. However, the economic collapse in Venezuela deepened, leading to a humanitarian crisis and mass migration. The Biden administration has used sanctions as leverage. In October 2023, it temporarily eased some oil and gas sanctions in exchange for an agreement on freer presidential elections in 2024. After the Venezuelan government failed to uphold its end of the deal, including by barring opposition candidates, the U.S. stated it would not renew the sanctions relief, which expired in April 2024.

Why Now? The Political Calculus:

  • The annual renewal is a legal requirement under the National Emergencies Act to keep the sanctions architecture in place.
  • The continuation signals that the White House views the political and human rights situation in Venezuela as unresolved and a persistent threat.
  • Following a contested July 2024 election, in which Nicolás Maduro claimed victory despite widespread allegations of fraud, both parties in the U.S. have called for a strong response, making a lapse in the emergency declaration politically untenable.

Your Real-World Impact

The Direct Answer: This action primarily affects the Venezuelan government and specific U.S. industries, but has indirect consequences for Americans through its influence on immigration and regional stability.

What Could Change for You:

Potential Benefits:

  • For Venezuelan-Americans who oppose the Maduro regime, the continuation of sanctions is seen as a key tool to pressure the government for democratic change.
  • The policy aims to prevent the Maduro government from consolidating power, which proponents argue contributes to regional stability and U.S. national security.

Possible Disruptions or Costs:

Short-term (Immediate):

  • There is no direct cost to the average American taxpayer.
  • U.S. energy companies, like Chevron, operate under specific licenses that can be modified or revoked, creating business uncertainty.

Long-term:

  • The economic crisis in Venezuela, which sanctions have worsened, is a major driver of migration to the United States, impacting border resources and communities.
  • Sanctions on a major oil-producing nation can have ripple effects on global energy prices, though the impact of Venezuela's reduced output has been limited recently due to its already low production levels.

Who's Most Affected:

Primary Groups: Venezuelan government officials and entities, Venezuelan citizens (who bear the brunt of the economic collapse), and U.S. and international companies in the oil, gas, and finance sectors with ties to Venezuela.
Secondary Groups: Venezuelan-Americans with family and financial interests in Venezuela, and U.S. communities experiencing an influx of Venezuelan migrants.
Regional Impact: Florida is heavily impacted due to its large Venezuelan-American population. Border states are also affected by migration trends.

Bottom Line: For most Americans, the continuation of this national emergency is a foreign policy decision with distant, indirect effects, but for those with direct ties to Venezuela or living in areas affected by migration, the impact is significant and personal.

Where the Parties Stand

Republican Position: "Appeasing Dictators Does Not Work"

Core Stance: Republicans generally advocate for a hardline stance, urging the reinstatement and full enforcement of all sanctions without concessions.

Their Arguments:

  • ✓ They support maximum economic pressure to cripple the Maduro regime financially.
  • ⚠️ They are highly critical of any sanctions relief, arguing that the Biden administration's willingness to negotiate has strengthened Maduro's hold on power without securing any real democratic progress.
  • ✗ They oppose what they view as appeasement, arguing that deals with Maduro are based on false promises that he will never deliver on.

Legislative Strategy: Publicly pressuring the administration to impose tougher sanctions, writing letters to the President, and introducing resolutions to condemn the Maduro regime.

Democratic Position: "Leveraging Sanctions for Democratic Progress"

Core Stance: Democrats generally support using sanctions as a flexible tool to incentivize negotiations and a peaceful democratic transition.

Their Arguments:

  • ✓ They support holding the Maduro regime accountable for human rights abuses and undermining democracy.
  • ⚠️ Some Democrats express concern that overly harsh sanctions could worsen the humanitarian crisis and fuel migration, arguing for a more balanced approach that includes diplomacy.
  • ✗ They tend to oppose a "maximum pressure" only strategy, pointing to its failure to oust Maduro under the previous administration.

Legislative Strategy: Supporting the administration's policy of tying sanctions relief to concrete, verifiable steps by the Maduro regime, while working with international partners to maintain a united front.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's authority stems from the National Emergencies Act (NEA) and the International Emergency Economic Powers Act (IEEPA).

Relevant Portion of the Constitution: The President's inherent foreign policy and national security powers, as Commander in Chief and Chief Executive, are the foundation for these statutes. Congress has delegated specific economic powers to the President to use in such emergencies.

Constitutional Implications:

[Legal Principle]: The NEA and IEEPA grant the President statutory authority to declare a national emergency in response to an "unusual and extraordinary threat" originating from outside the U.S. and to regulate international economic transactions.
[Precedent]: The use of IEEPA to impose sanctions has been a tool for presidents of both parties for decades and has been upheld by courts as a legitimate exercise of executive power delegated by Congress. As of early 2024, 39 national emergencies invoking IEEPA remained ongoing.
[Federalism]: This action is squarely within the federal government's purview of foreign policy and national security and does not overstep into powers reserved for the states.

Potential Legal Challenges:

The primary legal challenge to actions under IEEPA is not whether the President can act, but whether the specific circumstances legally constitute an "unusual and extraordinary threat." However, courts have historically been very deferential to the President on matters of national security. The annual continuation itself, being a procedural requirement of the NEA, is not typically subject to legal challenge.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to support the continuation of the national emergency and strong sanctions on the Maduro regime in Venezuela."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the House Foreign Affairs Committee and Senate Foreign Relations Committee to express your support for holding the Venezuelan government accountable.
  • Join an Organization: Groups like the Venezuela American Alliance or other human rights organizations often advocate for strong policies against the Maduro regime.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose the broad economic sanctions on Venezuela, which are harming the Venezuelan people, and to seek diplomatic solutions instead."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that the sanctions have caused a humanitarian crisis and fueled migration, without achieving their political goals.
  • Join an Organization: Advocacy groups such as the Washington Office on Latin America (WOLA) or others focused on the humanitarian impact of sanctions often call for a re-evaluation of U.S. policy.