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117TH CONGRESS
2D SESSION
S. 688
AN ACT
To prohibit contracting with persons that have business
operations with the Maduro regime, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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† S 688 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Banning Operations
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and Leases with the Illegitimate Venezuelan Authoritarian
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Regime Act’’ or the ‘‘BOLIVAR Act’’.
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SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS
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THAT HAVE BUSINESS OPERATIONS WITH
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THE MADURO REGIME.
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(a) PROHIBITION.—Except as provided in subsections
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(b), (c), and (d), the head of an executive agency may not
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enter into a contract for the procurement of goods or serv-
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ices with any person that the head of an executive agency
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determines, with the concurrence of the Secretary of
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State, knowingly engages in significant business oper-
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ations with an authority of the Government of Venezuela
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that is not recognized as the legitimate Government of
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Venezuela by the United States.
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(b) EXCEPTIONS.—
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(1) IN GENERAL.—The prohibition under sub-
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section (a) does not apply to a contract that the Sec-
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retary of State determines—
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(A) is necessary—
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(i) for purposes of providing humani-
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tarian assistance to the people of Ven-
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ezuela;
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† S 688 ES
(ii) for purposes of providing disaster
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relief and other urgent life-saving meas-
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ures; or
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(iii) to carry out noncombatant evacu-
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ations; or
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(B) is in the national security interests of
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the United States.
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(2) SUPPORT
FOR
UNITED
STATES
GOVERN-
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MENT
ACTIVITIES.—The prohibition in subsection
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(a) shall not apply to contracts that support United
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States Government activities in Venezuela, including
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those necessary for the maintenance of United
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States Government facilities in Venezuela, or to con-
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tracts with international organizations.
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(3) NOTIFICATION
REQUIREMENT.—The Sec-
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retary of State shall notify the appropriate congres-
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sional committees of any contract entered into on
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the basis of an exception provided for under para-
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graph (1).
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(c) OFFICE
OF FOREIGN ASSETS CONTROL LI-
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CENSES.—The prohibition in subsection (a) does not apply
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to a person that has a valid license to operate in Venezuela
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issued by the Office of Foreign Assets Control.
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(d) AMERICAN
DIPLOMATIC
MISSION
IN
VEN-
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EZUELA.—The prohibition in subsection (a) does not
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† S 688 ES
apply to contracts related to the operation and mainte-
1
nance of the United States Government’s consular offices
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and diplomatic posts in Venezuela.
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(e) WAIVER.—The Secretary of State may waive the
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requirements of subsection (a) if the Secretary of State
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determines that to do so is in the national interest of the
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United States.
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(f) DEFINITIONS.—In this section:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means the Committee on Homeland Secu-
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rity and Governmental Affairs and the Committee
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on Foreign Relations of the Senate and the Com-
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mittee on Homeland Security and the Committee on
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Foreign Affairs of the House of Representatives.
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(2) BUSINESS OPERATIONS.—The term ‘‘busi-
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ness operations’’ means engaging in commerce in
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any form, including acquiring, developing, maintain-
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ing, owning, selling, possessing, leasing, or operating
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equipment, facilities, personnel, products, services,
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personal property, real property, or any other appa-
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ratus of business or commerce.
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(3) EXECUTIVE AGENCY.—The term ‘‘executive
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agency’’ has the meaning given the term in section
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133 of title 41, United States Code.
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† S 688 ES
(4) GOVERNMENT
OF
VENEZUELA.—(A) The
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term ‘‘Government of Venezuela’’ includes the gov-
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ernment of any political subdivision of Venezuela,
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and any agency or instrumentality of the Govern-
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ment of Venezuela.
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(B) For purposes of subparagraph (A), the
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term ‘‘agency or instrumentality of the Government
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of Venezuela’’ means an agency or instrumentality
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of a foreign state as defined in section 1603(b) of
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title 28, United States Code, with each reference in
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such section to ‘‘a foreign state’’ deemed to be a ref-
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erence to ‘‘Venezuela’’.
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(5) PERSON.—The term ‘‘person’’ means—
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(A) a natural person, corporation, com-
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pany, business association, partnership, society,
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trust, or any other nongovernmental entity, or-
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ganization, or group;
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(B) any governmental entity or instrumen-
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tality of a government; and
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(C) any successor, subunit, parent entity,
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or subsidiary of, or any entity under common
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ownership or control with, any entity described
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in subparagraph (A) or (B).
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(g) TERM
OF APPLICABILITY.—This section shall
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apply with respect to any contract entered into during the
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† S 688 ES
three-year period beginning on the date of the enactment
1
of this Act.
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Passed the Senate December 15, 2022.
Attest:
Secretary.
117TH CONGRESS
2D SESSION
S. 688
AN ACT
To prohibit contracting with persons that have
business operations with the Maduro regime, and
for other purposes.
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