22 U.S.C. § 9721: Additional restrictions on…

Summary

The Secretary of State must block visas for certain people tied to the Maduro regime who, on or after January 23, 2019, knowingly took part in actions that seriously damage or threaten Venezuela’s National Assembly or the Assembly’s President (while acting as Interim President) and that President’s top officials. The ban also covers spouses and adult children of those people, and spouses or adult children of Venezuelan persons already sanctioned under section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278), as amended by section 163 of this title; section 1903(b) of title 21; or Executive Orders 13692 and 13850. People covered by the ban cannot get visas, be admitted or paroled into the United States, or get related immigration benefits. Any current visas for those people must be revoked immediately and any other valid U.S. visas they hold are automatically canceled. Under rules the Secretary of State will set, a person (and any family members hit by the ban) can have the restriction lifted if they recognize and pledge support for the Interim President of Venezuela or a later democratically elected Venezuelan government. The bans do not apply when admitting someone is needed to meet the U.S. obligations under the United Nations Headquarters Agreement signed June 26, 1947 (entered into force November 21, 1947), or to help U.S. law enforcement. The President must issue any regulations, licenses, or orders needed to carry out these rules.

Title 22, §9721

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

The Secretary of State shall impose the visa restrictions described in subsection (c) on any foreign person who the Secretary determines—

(1)is a current or former senior official of the Maduro regime, or any foreign person acting on behalf of such regime, who is knowingly responsible for, complicit in, responsible for ordering, controlling, or otherwise directing, or participating in (directly or indirectly) any activity in or in relation to Venezuela, on or after January 23, 2019, that significantly undermines or threatens the integrity of—

(A)the democratically-elected National Assembly of Venezuela; or

(B)the President of such National Assembly, while serving as Interim President of Venezuela, or the senior government officials under the supervision of such President;

(2)is the spouse or adult child of a foreign person described in paragraph (1); or

(3)is the spouse or adult child of Venezuelan person sanctioned under—

(A)section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278), as amended by section 163 of this title;

(B)section 1903(b) of title 21; or

(C)Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.

(b)Removal from visa revocation list

Pursuant to such procedures as the Secretary of State may establish to implement this section— (1)

(2)if any person described in subparagraphs (A) through (C) of subsection (a)(3) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, any family members of that person who were subject to visa restrictions pursuant to subsection (a)(3) shall no longer be subject to such visa restrictions.

(c)Visa restrictions described

(1)Visas, admission, or parole

An alien described in subsection (a) 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.).

(2)Current visas revoked

(A)In general

An alien described in subsection (a) 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.

(3)Exceptions

Sanctions under paragraphs (1) and (2) 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.

(d)Rulemaking

The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278), referred to in subsec. (a)(3)(A), is section 5(a) of Pub. L. 113–278, Dec. 18, 2014, 128 Stat. 3011, which is set out in a note under section 1701 of Title 50, War and National Defense. section 5(a) was not amended by section 163 of title I of div. J of Pub. L. 116–94. However, an earlier version of the Act comprising such title I (S. 1025 of the 116th Cong., 1st Sess.) contained a section 603 that did amend section 5(a) of Pub. L. 113–278, but the amendment was not included anywhere in the version enacted by Pub. L. 116–94. Executive Order No. 13692, referred to in subsec. (a)(3)(C), is Ex. Ord. No. 13692, Mar. 8, 2015, 80 F.R. 12747, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13850, referred to in subsec. (a)(3)(C), is Ex. Ord. No. 13850, Nov. 1, 2018, 83 F.R. 55243, which is listed in a table under section 1701 of Title 50, War and National Defense. The Immigration and Nationality Act, referred to in subsec. (c)(1)(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.

§9721 Additional Restrictions on Visas