President Trump issued an executive order Jan. 10 to block judicial processes from being instituted against Venezuelan oil funds held in the US, on the basis that it would “materially harm the national security and foreign policy of the United States.”
The order states that any judicial proceedings against funds from “the sale of natural resources” from the Venezuelan government would inhibit efforts to “ensure economic and political stability” in the country. It adds that they would interfere with numerous US foreign policy objectives, such as ending irregular migration, cracking down on the influx of narcotics, and protecting against foreign actors such as Iran and Hezbollah. It describes potential judicial processes as an “unusual and extraordinary threat,” and declares a national emergency.
There are three legal bases for the order, including the International Emergency Economic Powers Act, which gives the president a broad range of economic powers in national emergencies; the National Emergencies Act, which allows the president to declare national emergencies; and Section 301 of Title 3 of the US Code, which allows the president to delegate powers.
This order follows statements from Trump that US oil companies will invest billions in Venezuela, with his Energy Secretary Chris Wright saying that the US will control and market Venezuela’s oil “indefinitely.” The president called a meeting on Friday with oil executives to discuss rebuilding the country’s oil infrastructure, and announced that 30 million barrels of oil, worth $4 billion, are currently on their way to the US.
The CEO of ExxonMobil, Darren Woods, expressed concern about conditions in Venezuela, and said that country is currently “un-investable.” Trump responded angrily that he was “inclined” to keep ExxonMobil out of Venezuela.
Companies including ExxonMobil and ConocoPhillips say that Venezuela owes them billions of dollars over lost investments. Trump’s executive order could hinder these companies from recovering their claims.
From JURIST, Jan. 12. Used with permission. Internal links added.
US diplomatic delegation arrives in Venezuela
A US diplomatic team arrived in Venezuela Jan. 9, marking the first such visit since the US military operation that resulted in the capture of former President Nicolás Maduro last week.
The Venezuelan government, now led by interim President Delcy RodrĂguez, confirmed the delegation’s presence and announced the initiation of an “exploratory process” aimed at re-establishing formal diplomatic relations between the two nations.
The small team, comprising diplomats and security officials from the US State Department, traveled to Caracas to conduct preliminary technical and logistical assessments for a potential phased resumption of US embassy operations, which have been shuttered since 2019. In a statement, the Venezuelan Foreign Ministry, under Minister Yvan Gil, describedthe move as a step toward “re-establishing diplomatic missions in both countries,” and indicated that a reciprocal Venezuelan delegation would soon visit Washington.
The announcement follows US President Donald Trump’s recent comments on Venezuela’s political prisoners’ release as a gesture toward peace and his cancellation of planned additional military actions.
This development comes less than a week after the Jan. 3 US Special Forces operation in Caracas that led to Maduro’s capture at the Fuerte Tiuna military complex. Maduro and his wife, Cilia Flores, were transported to New York, where they pleaded not guilty on Jan. 5 to federal charges including narcotics trafficking, narco-terrorism, and weapons offenses. Maduro’s defense attorney, Barry Pollack, has signaled intent to challenge the proceedings on grounds of “military abduction,” arguing the arrest violated international law and Venezuelan sovereignty. Legal experts have referenced US Supreme Court precedents, such as United States v. Alvarez-Machain, which held that forcible abductions from foreign soil do not necessarily preclude prosecution in US courts absent explicit treaty violations.
The operation, which reportedly caused around 100 deaths and drew widespread international condemnation, has been defended by the Trump administration as necessary to address Maduro’s alleged drug trafficking and terrorism ties. Critics, including US lawmakers like Rep. Bonnie Watson Coleman, have labeled it an “illegal military assault” and unprecedented kidnapping of a foreign leader. Allies of Venezuela, such as Russia, China, and Iran, denounced the action as a breach of international norms.
In Venezuela, the interim government has reportedly been relying on paramilitary groups and civilian militias to maintain order since the seizure of Maduro. RodrĂguez’s administration has emphasized domestic stability while navigating the diplomatic overtures, which could facilitate access to Venezuela’s vast oil reserves, discussed during Trump’s recent meetings with US oil executives. (Jurist)