Executive Order 13808-Imposing Additional Sanctions With Respect to the Situation in Venezuela
Issued 2017-08-24 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
In August 2017, President Trump issued an executive order imposing new financial restrictions on Venezuela's government. The order prohibits Americans and U.S.-based entities from engaging in certain financial transactions with the Venezuelan government, including purchasing Venezuelan government bonds and providing financing for new debt. The order blocks dealings in securities and debt issued by Venezuela's government and state oil company, and it prevents Americans from buying bonds the Venezuelan government previously issued. The order also prohibits dividend payments from Venezuelan government-controlled entities flowing back to the government.
The executive order affects U.S. citizens, permanent residents, and companies operating under U.S. law, even their foreign branches. Any American person or business that violates these restrictions—or attempts to evade them—faces penalties. The order cites concerns about human rights abuses, a humanitarian crisis, the establishment of what the order calls an illegitimate Constituent Assembly that undermined Venezuela's elected National Assembly, public corruption, and repression of political opposition.
This action builds on a national emergency that was declared regarding Venezuela in 2015. The President used authority granted by the International Emergency Economic Powers Act, which allows the executive branch to regulate international economic transactions during declared emergencies. While courts have generally upheld presidential sanctions decisions under this law, the statute's breadth—allowing extensive economic regulatory power that can continue for years—has drawn constitutional questions about whether Congress can delegate such sweeping authority to the President.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13808 ("Executive Order 13808-Imposing Additional Sanctions With Respect to the Situation in Venezuela") imposes sanctions or economic restrictions targeting Venezuela. The President's stated rationale: "because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual." The International Emergency Economic Powers Act (IEEPA) grants the President broad authority to regulate international economic transactions when a national emergency has been declared. Presidents from both parties have used IEEPA extensively for foreign policy sanctions.
While the statutory authority is well-established, IEEPA's breadth has drawn constitutional criticism. The statute delegates sweeping power to the President during emergencies that can last for years or decades. The non-delegation doctrine questions whether Congress can transfer such broad economic regulatory authority to the executive branch. Despite these concerns, courts have generally deferred to presidential sanctions decisions.
Official Summary
Administration of Donald J. Trump, 2017 Executive Order 13808—Imposing Additional Sanctions With Respect to the Situation in Venezuela August 24, 2017 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq .) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq .), and section 301 of title 3, United States Code, I, Donald J. Trump, President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 13692 of March 8, 2015, and particularly in light of recent actions and policies of the Government of Venezuela, including serious abuses of human rights and fundamental freedoms; responsibility for the deepening humanitarian crisis in Venezuela; establishment of an illegitimate Constituent Assembly, which has usurped the power of the democratically elected National Assembly and other branches of the Government of Venezuela; rampant public corruption; and ongoing repression and persecution of, and violence toward, the political opposition, hereby order as follows: Section 1 . (a) All transactions related to, provision of financing for, and other dea