2015: U.S. Sanctions on Venezuela Result from President Obama’s “National Emergency” Declaration that Venezuela Is an “Extraordinary Threat” to U.S. National Security

Under U.S. law, the President has the authority to declare a “National Emergency.” National Emergencies are routinely declared as a result of natural disasters (floods, hurricanes, fires). The Emergency Declaration makes immediate action possible. US national emergencies can also be declared in situations that are not the result of a natural disaster. The procedures for a presidential declaration of a US National Emergency are defined by federal law:

•  The emergency is valid for one year (Can be renewed)

•  123 standby laws become available to the President

•  Does not need congressional authorization

•  Can be terminated by a majority vote in Congress and the President’s signature

•  The President can veto Congress’s termination bill

•  Congressional action would require a 2/3’s vote to override the President’s veto

•  The President can terminate the Emergency at any time

One of the Laws that a President can invoke as a result of declaring a National Emergency is The International Emergency Economic Powers Act. The IEEPA gives the President the right to impose sanctions on a foreign citizen or foreign country during a National Emergency if the President claims that the country or person poses an “unusual and extraordinary threat to the national security of the United States.”

 

On March 9, 2015 President Obama signed Executive Order 13692 declaring a National Emergency due to the “unusual and extraordinary threat to the national security and foreign policy of the United States posed by the situation in Venezuela.” [1] Obama invoked the IEEPA as part of his emergency declaration and sanctioned seven Venezuelan officials.

 

The U.S. National Emergency due to the “situation” in Venezuela has been redeclared annually by U.S. Presidents Obama, Biden and Trump. Congress has not passed any bills to terminate the Emergency.

 

 

1.    1.White House, FACT SHEET: Venezuela Executive Order, March 9, 2015

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