On November 1, 2018 President Donald J. Trump issued a new Executive Order (the “E.O.”) blocking all property and interests in property of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be operating in the gold sector of the Venezuelan economy or in any other sector of the Venezuelan economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State; (ii) to be participating in any transaction or series of transactions involving deceptive practices or corruption and the Government of Venezuela or projects or programs administered by the Government of Venezuela; (iii) to be an immediate adult family member of such a person; (iv) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity or transaction described in section ii above, or any person whose property and interests in property are blocked pursuant to the E.O.; or (v) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to the E.O.The Office of Foreign Assets Control (“OFAC”) has released a FAQ clarifying that it expects to use the E.O. to target those persons who operate corruptly in the gold or other identified sectors of the Venezuelan economy, and not those who are operating legitimately in such sectors.
