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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