OFAC Updates FAQs on Venezuelan Economic Sanctions

The U.S. Treasury Department ("Treasury") Office of Foreign Assets Control ("OFAC") published two Frequently Asked Questions ("FAQs") related to economic sanctions against Venezuela.

The first FAQ (No. 547) discusses U.S. person participation in meetings concerning the restructuring of Venezuelan and Petroleos de Venezuela, S.A. ("PdVSA") debt that existed prior to the effective date of Executive Order 13808 ("E.O. 13808"). The second FAQ (No. 548) addresses the treatment of PdVSA subsidiaries under E.O. 13808.

As previously reported, E.O. 13808 – issued on August 24, 2017 – levied restrictions to prevent U.S. persons from contributing to the Government of Venezuela's "shortsighted financing schemes." With certain exceptions reflected in four General Licenses issued by OFAC on the same date, E.O. 13808 generally restricted transactions with respect to the following:

• new debt with a maturity of longer than 90 days of PdVSA (Venezuela's state-owned oil and natural gas company);

• new debt with a maturity of longer than 30 days, or new equity, of the Government of Venezuela;

• bonds issued by the Government of Venezuela before the effective date of the Executive Order;

• dividend payments or other distributions of profits to the Government of Venezuela from any entity owned or controlled, directly or indirectly, by the Government of Venezuela; and

• purchasing securities, directly or indirectly, from the Government of Venezuela, other than new debt with a maturity of less than or equal to 90 days (for PdVSA) or 30 days (for other Government of Venezuela debt).