A/HRC/42/46 which have, in turn, had terrible repercussions on the enjoyment of human rights. Given the propaganda-filled rhetoric often used by all sides, it is difficult to gauge the respective importance of the various causes of the virtual collapse of the Venezuelan economy. However, international observers generally agree that the unilateral economic sanctions adopted by the United States and other countries, coupled with a multifaceted “economic war”, have played a non-negligible role in crippling the economy of the Bolivarian Republic of Venezuela (see A/HRC/39/47/Add.1). United States sanctions 17. The United States has been applying a growing number of economic sanctions on the Bolivarian Republic of Venezuela for more than a decade15 and has “blacklisted” the country on various grounds. Since 2005, the United States has made an annual determination that the Bolivarian Republic of Venezuela has “failed demonstrably … to make substantial efforts to adhere to its obligations under international counter-narcotics agreements”.16 The Special Rapporteur notes that the President of the United States, Donald Trump, made the most recent determination for the fiscal year 2019 in September 2018, but at the same time also waived foreign aid restrictions for programmes to support democracy promotion.17 Based on that determination, the United States Department of the Treasury has imposed economic sanctions on at least 22 individuals with connections to the Bolivarian Republic of Venezuela, including several current or former Venezuelan officials, and 27 companies, by listing them as “specially designated narcotics traffickers” pursuant to the Foreign Narcotics Kingpin Designation Act. 18. The Bolivarian Republic of Venezuela has also been subjected to terrorism-related sanctions since 2006, as United States officials have expressed concern about the lack of cooperation on anti-terrorism efforts. Since then, the United States Secretary of State has made an annual determination that the Bolivarian Republic of Venezuela is not cooperating fully with United States anti-terrorism efforts.18 As a result, the United States has prohibited all commercial arms sales and retransfers to the Bolivarian Republic of Venezuela since 2006. 19. Other United States sanctions have been based on the designation by the United States Department of State of the Bolivarian Republic of Venezuela as a “tier 3” country since 2014. 19 “Tier 3” countries are defined as those whose governments do not fully comply with the minimum standards set out in the Trafficking Victims Protection Act and are not making significant efforts to do so.20 They are subject to a variety of aid restrictions, which may be waived by the President for national interest reasons.21 20. Yet another round of economic sanctions have been enacted by the United States in direct relation to the ongoing political crisis in the Bolivarian Republic of Venezuela. The United States claims that the sanctions are a response to increasing repression in the Bolivarian Republic of Venezuela. In December 2014, the Congress of the United States enacted the Venezuela Defense of Human Rights and Civil Society Act.22 Among other provisions, the Act requires the President to impose sanctions (asset freezes and visa restrictions) against those whom the President determines are responsible for significant acts of violence or serious human rights abuses associated with the February 2014 protests or, more broadly, against anyone who has directed or ordered the arrest or prosecution of a person primarily because of the person’s legitimate exercise of freedom of expression or assembly. 15 16 17 18 19 20 21 22 6 Congressional Research Service, “Venezuela: overview of US sanctions” (8 March 2019). Such a determination is made pursuant to the procedures set forth in the Foreign Relations Authorization Act, Fiscal Year 2003. Congressional Research Service, “Venezuela: overview of US sanctions” (8 March 2019). Such a determination is made pursuant to section 40A of the Arms Export Control Act. United States Department of State, Trafficking in Persons Report (June 2019), p. 48. Ibid., p. 37. Congressional Research Service, “Venezuela: overview of US sanctions” (8 March 2019) In 2016, Congress extended the Act until 2019.

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