Venezuela

Venezuela has been under EU arms embargo since November 2017.

1. Conventional weapons

Prohibitions

The current sanctions regime, as detailed in updated versions of Council Decision 2017/2074/CFSP and Regulation 2017/2063, prohibits :

• The sale, supply, transfer or export of “arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned (Decision 2017/2074/CFSP, art.1, para.1 and Regulation 2017/2063, art.2, para.1).
• The direct or indirect provision of technical assistance, brokering services, financing or financial assistance related to military activities, and to the export, transfer, sale, provision, manufacture, maintenance and use of arms and related materiel of all types, to any natural or legal person, entity or body in, or for use in, Venezuela (Decision 2017/2074/CFSP, art.1, para.2 and Regulation 2017/2063, art.2, para.1).

Exceptions

However, the sanctions regime provides for several exceptions.

Requiring no prior approval or notification from/to the UN Sanctions Committee:

• The sale, supply, transfer or exportation of military equipment necessary for the execution of contracts concluded before 13 November 2017 between Venezuela and Member States or to ancillary contracts necessary for the execution of such contracts. The natural or legal persons, entities or bodies seeking to perform the contract have to notify ‘the contract to the competent authority of the Member State in which they are established within 5 working days of the entry into force of this Decision’ (Decision 2017/2074/CFSP, art.2 and Regulation 2017/2063, art.2, para.2).
• the sale, supply, transfer or export of non-lethal military equipment, (…), intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations (UN) and the Union and its Member States or of regional and subregional organisations, or of materiel intended for crisis-management operations of the UN and the Union or of regional and subregional organisations (Decision 2017/2074/CFSP, art.4, para.1, a and Regulation 2017/2063, art.4, para.1, a), as well as the provision of technical assistance training or other assistance, financial assistance or financing related to items aforementioned (Decision 2017/2074/CFSP, art.4, para.1, d and e, and Regulation 2017/2063, art.4, para.1, a).
• The sale, supply, transfer or export of demining equipment and materiel for use in demining operations, as well as the provision of technical assistance training or other assistance, financial assistance or financing related to items aforementioned (Decision 2017/2074/CFSP, art.4, para.1, b, d and e, and Regulation 2017/2063, art.4, para.1, c).
• The maintenance of non-lethal equipment which might be used by the navy and coastguard of Venezuela intended solely for border protection, regional stability and the interception of narcotics, as well as the provision of technical assistance training or other assistance, financial assistance or financing related to items aforementioned (Decision 2017/2074/CFSP, art.4, para.1, c, d and e).
• The sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Venezuela by UN personnel, personnel of the Union or its Member States, representatives of the media, and humanitarian and development workers and associated personnel for their personal use only (Decision 2017/2074/CFSP, art.4, para.2 and Regulation 2017/2063, art.5).

2. Equipment which might be used for internal repression

Prohibitions

The current sanctions regime, as detailed in updated versions of Council Decision 2017/2074/CFSP and Regulation 2017/2063, prohibits :

• The sale, supply, transfer or export of equipment which might be used for internal repression to Venezuela (Decision 2017/2074/CFSP, art.3, para.1 and Regulation 2017/2063, art.3,a). These equipments are listed in Annex I of Regulation 2017/2063.
• The provision of technical assistance training or other assistance, financial assistance or financing related to items aforementioned (Decision 2017/2074/CFSP, art.3, para.2 and Regulation 2017/2063, art.3,b and c).

Exceptions

However, the sanctions regime provides for several exceptions.

Requiring no prior approval or notification from/to the UN Sanctions Committee:

• the sale, supply, transfer or export of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations (UN) and the Union and its Member States or of regional and subregional organisations, or of materiel intended for crisis-management operations of the UN and the Union or of regional and subregional organisations, as well as the provisionof technical assistance training or other assistance or financing related to items aforementioned (Decision 2017/2074/CFSP, art.4, para.1, a and Regulation 2017/2063, art. 4, para.1, a and b).
• The sale, supply, transfer or export of demining equipment and materiel for use in demining operations, as well as the provision of technical assistance training or other assistance, financial assistance or financing related to items aforementioned (Decision 2017/2074/CFSP, art.4, para.1, b, d and e, and Regulation 2017/2063, art.4, para.1, c).
• The sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Venezuela by UN personnel, personnel of the Union or its Member States, representatives of the media, and humanitarian and development workers and associated personnel for their personal use only (Decision 2017/2074/CFSP, art.4, para.2 and Regulation 2017/2063, art.5).

3. Surveillance equipment

Prohibitions

The current sanctions regime, as detailed in updated versions of Council Decision 2017/2074/CFSP and Regulation 2017/2063, prohibits :

• The sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by, or on behalf of, the Venezuelan regime of the internet and of telephone communications on mobile or fixed networks in Venezuela, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software (Decision 2017/2074/CFSP, art.5, para.1 and Regulation 2017/2063, art.6, para.1 and 2, and art.7, para.1). These items are listed in Annex II of Regulation 2017/2063.

Exceptions

However, this regime of sanctions provides for an exception that does not require prior approval or notification :

• the sale, supply, transfer or export of the equipment, technology or software, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the related provision of financial and technical assistance, referred to in paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software would not be used for internal repression by Venezuela’s government, public bodies, corporations or agencies, or any person or entity acting on their behalf or at their direction (Decision 2017/2074/CFSP, art.5, para.2 and Regulation 2017/2063, art.6, para.2, and art.7, para.1). The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph, within four weeks of the autorisation (Decision 2017/2074/CFSP, art.5, para.2 and Regulation 2017/2063, art.6, para.4).

Others

In addition to these general sanctions, targeted sanctions have been decided against certain individuals and entities such as assets freeze and travel restrictions on the EU territory (Decision 2017/2074/CFSP, art.6, para.1 and art.7, para.1).

EU sanctions against Venezuela are in force until 14th May 2024 (Decision 2023/2498/PESC).