Executive Order 13850-Blocking Property of Additional Persons Contributing to the Situation in Venezuela
Issued 2018-11-01 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On November 1, 2018, President Trump signed an executive order that freezes the assets and property of certain individuals and entities connected to Venezuela. The order blocks any property or money belonging to people who operate in Venezuela's gold sector or other designated economic sectors, anyone involved in corrupt transactions with the Venezuelan government, and their immediate adult family members. It also targets anyone who helps or supports these activities. When the U.S. government identifies someone meeting these criteria, their assets in the United States are frozen and cannot be transferred, sold, or accessed.
This executive order affects individuals and companies doing business in Venezuela's economy, particularly those the U.S. government determines are contributing to corruption or helping the Maduro regime. It also prevents these designated individuals from entering the United States. The order builds on previous Venezuela-related sanctions that began with a national emergency declaration in 2015 and continued through several executive orders in 2017 and 2018.
The order responds to what President Trump described as the Maduro regime's plundering of Venezuela's wealth for corrupt purposes, economic mismanagement that has damaged the country's infrastructure and environment, and neglect of the Venezuelan people's basic needs that has caused a regional migration crisis. The President invoked the International Emergency Economic Powers Act, which gives him authority to regulate international economic transactions during declared national emergencies. Courts have generally upheld presidential sanctions decisions under this law, though some constitutional scholars have questioned whether Congress can delegate such broad economic regulatory power to the President, especially for emergencies that can last for years.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13850 ("Executive Order 13850-Blocking Property of Additional Persons Contributing 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 or to the Government of Venezuela 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, 2018 Executive Order 13850—Blocking Property of Additional Persons Contributing to the Situation in Venezuela November 1, 2018 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 .), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278), as amended (the Venezuelan Defense of Human Rights Act), 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 relied upon for additional steps taken in Executive Order 13808 of August 24, 2017, Executive Order 13827 of March 19, 2018, and Executive Order 13835 of May 21, 2018, particularly in light of actions by the Maduro regime and associated persons to plunder Venezuela's wealth for their own corrupt purposes, degrade Venezuela's infrastructure and natural environment through economic mismanagement