USA Decree banning entry to Nicolás Maduro, members of his regime and family members (Communiqué)
US President Donald Trump has suspended the US entry permit by decree. of senior officials from Venezuela and Iran, as well as their relatives. The decrees in this regard were published on September 25 on the White House website.
As for Venezuela, the decision will affect the “members of the Nicolás Maduro regime”, the military and police, members of the National Constituent Assembly and their families, says the document.
According to Trump, the people in question “formulate, apply or benefit from policies or actions that undermine or damage the democratic institutions of Venezuela or prevent the restoration of constitutional government” in this country.
From Washington they indicated that “this suspension is not intended to be applied to those who cease these actions [of the Maduro regime] and take concrete steps to help Venezuela become [a] democratic country again.”
Following Trump’s decision related to Venezuela:
Proclamation on the suspension of the entry as immigrants and nonimmigrants of people who threaten the democratic institutions of Venezuela.
Issued on September 25, 2019
There is still a political and humanitarian crisis in Venezuela due to the continued failure of Nicolás Maduro, Maduro regime officials and others to support the rule of law. Given the importance for the United States of promoting the functioning of the constitutional government and democratic institutions in Venezuela, I have determined that the United States is interested in taking measures to restrict and suspend entry to the United States, as immigrants or nonimmigrants, members of high ranking of the regime of Nicolás Maduro and others described in this proclamation that formulate, implement or benefit from policies or actions that undermine or damage the democratic institutions of Venezuela or prevent the restoration of the constitutional government to Venezuela. This suspension is not intended for those who cease these actions and who take concrete measures to help return Venezuela to a democratic and functional country.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority conferred on me by the Constitution and laws of the United States of America, including sections 212 (f) and 215 (a) of the Immigration and Nationality Law (INA) (8 USC 1182 (f) and 1185 (a)) and section 301 of Title 3, United States Code, determine that unrestricted entry of immigrants and nonimmigrants to the United States from persons described in Section 1 of this proclamation, except as provided in section 4 of this proclamation, is detrimental to the interests of the United States, and that its entry must be subject to certain restrictions, limitations and exceptions. Therefore, I proclaim the following:
Section 1. Suspension and limitation of entry. Entrance to the United States, as immigrants or nonimmigrants, of the following persons is suspended:
(a) Members of the Nicolás Maduro regime at the level of Vice Minister, or equivalent, and higher;
(b) All officers of the Venezuelan army, police or National Guard in the rank of Colonel, or equivalent, and higher;
(c) All members of the organization known as the National Constituent Assembly of Venezuela;
(d) All other foreigners acting on behalf of or in support of the Maduro regime’s efforts to undermine or damage the democratic institutions of Venezuela or prevent the restoration of the constitutional government to Venezuela;
(e) Foreigners who obtain a significant financial benefit from transactions or businesses with persons described in subsections (a) through (d) of this section; Y
(f) The direct relatives of the persons described in subsections (a) through (e) of this section.
Second. 2. Delegation of authority to the Secretary of State. The persons covered by section 1 of this proclamation shall be identified by the Secretary of State or the person designated by the Secretary, in his sole discretion, in accordance with the procedures established by the Secretary in section 3 of this proclamation.
Second. 3. Suspension implementation and entry limitation. The Secretary of State shall implement this proclamation as it applies to visas in accordance with the procedures that the Secretary of State, in consultation with the Secretary of National Security, may establish. The Secretary of National Security will implement this proclamation as it applies to the entry of foreigners in accordance with the procedures that the Secretary of National Security, in consultation with the Secretary of State, may establish.
Second. 4. Scope of suspension and limitation of entry. Section 1 of this proclamation shall not apply to:
(a) Members of the Nicolás Maduro regime at the level of Vice Minister, or equivalent, and higher;
(b) All officers of the Venezuelan army, police or National Guard in the rank of Colonel, or equivalent, and higher;
(c) All members of the organization known as the National Constituent Assembly of Venezuela;
(d) All other foreigners acting on behalf of or in support of the Maduro regime’s efforts to undermine or damage the democratic institutions of Venezuela or prevent the restoration of the constitutional government to Venezuela;
(e) Foreigners who obtain a significant financial benefit from transactions or businesses with persons described in subsections (a) through (d) of this section; Y
(f) The direct relatives of the persons described in subsections (a) through (e) of this section.
Second. 2. Delegation of authority to the Secretary of State. The persons covered by section 1 of this proclamation shall be identified by the Secretary of State or the person designated by the Secretary, in his sole discretion, in accordance with the procedures established by the Secretary in section 3 of this proclamation.
Second. 3. Suspension implementation and entry limitation. The Secretary of State shall implement this proclamation as it applies to visas in accordance with the procedures that the Secretary of State, in consultation with the Secretary of National Security, may establish. The Secretary of National Security will implement this proclamation as it applies to the entry of foreigners in accordance with the procedures that the Secretary of National Security, in consultation with the Secretary of State, may establish.
Second. 4. Scope of suspension and limitation of entry. Section 1 of this proclamation shall not apply to:
(a) Any legal permanent resident of the United States;
(b) Any person who has received asylum from the United States, any refugee who has already been admitted to the United States, or any person who has been granted the withholding or expulsion of the Convention against Torture and Other Cruel Treatment , Inhuman or Degrading or Punishment, and nothing in this proclamation shall be construed to affect an individual’s eligibility for asylum, refugee status, retention of deportation or protection under the Convention against Torture, in accordance with the laws and regulations of the U.S; Y
(c) Any person otherwise covered by section 1 of this proclamation, after the Secretary of State determines that the person’s entry would not be contrary to the interests of the United States, even when the Secretary so determines, based on a recommendation from the Attorney General, that the person’s entry would promote important objectives of law enforcement in the United States. In exercising this responsibility, the Secretary of State shall consult the Secretary of National Security on matters related to admissibility or inadmissibility within the authority of the Secretary of National Security.
Second. 5. Termination. This proclamation will remain in effect until the Secretary of State determines that it is no longer necessary and must be terminated, either in whole or in part. Any determination of this type by the Secretary of State will be effective as of its publication in the Federal Register.
Second. 6. General provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) Obligations of the Government of the United States under applicable international agreements;
(ii) the authority granted by law to an executive department or agency, or the chief thereof; or
(iii) the functions of the Director of the Office of Management and Budget related to budgetary, administrative or legislative proposals.
(b) This proclamation will be implemented in accordance with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended, and does not create, any right or benefit, substantive or procedural, enforceable by law or in equity by any of the parties against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have put my hand here on September 25, in the year of our Lord two thousand and nineteen, and the Independence of the United States of America two hundred and forty-four.
DONALD J. TRUMP
