By the authority granted to me as President under the Constitution and U.S. laws, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the National Emergencies Act (50 U.S.C. 1601 et seq.), I hereby issue the following order:
Section 1. Findings.
As Chief Executive and Commander in Chief, I determine that the potential for judicial actions against the Foreign Government Deposit Funds, as defined in Section 2 of this order, poses a significant risk to the national security and foreign policy interests of the United States.
Specifically, any judicial actions targeting these funds would severely disrupt our vital efforts to maintain economic and political stability in Venezuela. The failure of these efforts could endanger key U.S. foreign policy goals, such as curbing the dangerous influx of illegal immigration and the rampant flow of illicit narcotics that have resulted in the tragic loss of countless American lives. Additionally, it could undermine our position against hostile actors like Iran and Hezbollah, while obstructing our pursuit of peace, prosperity, and stability for the Venezuelan populace and the broader Western Hemisphere.
Consequently, safeguarding the Foreign Government Deposit Funds is of paramount importance to the United States. I hereby declare a national emergency to address this unusual and extraordinary threat to our national security and foreign policy, recognizing that this threat originates significantly from outside the United States.
Sec 2. Definition.
For the purposes of this order, “Foreign Government Deposit Funds” refers to funds held by the United States Government in designated accounts at the Department of the Treasury on behalf of the Venezuelan government or its agencies, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A. These funds are derived from the sale of natural resources or diluents to the Government of Venezuela.
Sec 3. Preservation of Foreign Government Deposit Funds.
(a) Unless specifically authorized by this order, any form of judicial intervention—such as attachments, judgments, decrees, liens, or garnishments—against the Foreign Government Deposit Funds is strictly prohibited and will be rendered null and void.
(b) No transaction involving Foreign Government Deposit Funds, including transfers, payments, or withdrawals, may occur unless permitted by regulations or licenses issued pursuant to this order, regardless of any prior agreements or licenses.
(c) This order supersedes any prior Executive Orders regarding the Foreign Government Deposit Funds, ensuring consistent management and protection against any form of judicial interference.
Sec 4. Additional Presidential Findings and Determinations.
I hereby assert the following determinations:
(a) Ownership. The Foreign Government Deposit Funds are the property of the Venezuelan Government and are not subject to claims from private parties, including judgment creditors or commercial entities engaged with Venezuela.
(b) Custodial Nature of United States Possession. The United States Government will hold these funds solely in a custodial capacity, not as a market participant.
(c) Absence of Commercial Use in the United States. The Foreign Government Deposit Funds:
(i) have not been, and will not be, employed for any commercial activities within the United States; and
(ii) will be held pending sovereign decisions for public, governmental, or diplomatic purposes as determined by the Secretary of State on behalf of the Venezuelan Government.
(d) Governmental Purpose. The management of these funds serves legitimate public purposes, including adherence to international obligations and the facilitation of diplomatic relations.
(e) No Waiver of Immunity. The placement of these funds in a Treasury account does not imply a waiver of sovereign immunity against any form of judicial process.
(f) International Comity and Foreign Relations. Any judicial action against the Foreign Government Deposit Funds would disrupt U.S. foreign relations and contradict the principles of international comity.
Sec 5. Treatment of Foreign Government Deposit Funds.
(a) In handling the Foreign Government Deposit Funds, the Secretary of the Treasury will:
(i) clearly designate these funds as sovereign property of the Venezuelan Government, held in trust by the United States;
(ii) adhere to directives regarding the disbursement or transfer of these funds as determined by the Secretary of State, ensuring they are not used for any unauthorized purposes; and
(iii) consult as necessary with the Secretary of State, Attorney General, and Secretary of Energy.
(b) The Secretary of the Treasury and the Attorney General are authorized to defend the sovereign immunity of the Foreign Government Deposit Funds in any legal or administrative proceedings in accordance with this order and applicable law.
Sec 6. Administration.
(a) The Secretary of the Treasury, in collaboration with the Secretary of State, Attorney General, and Secretary of Energy, is empowered to implement necessary actions, including establishing regulations, to fulfill the objectives of this order. The Secretary may delegate these functions within the Treasury Department as needed.
(b) The Secretary of the Treasury, in coordination with the Secretary of State, is authorized to provide ongoing and final reports to Congress regarding the national emergency declared by this order, in line with relevant legal requirements.
Sec 7. General Provisions.
(a) Nothing in this order is intended to limit the authority of any executive department or agency, or their respective leaders;
(b) This order will be executed in accordance with applicable law and budgetary constraints;
(c) This order does not create any enforceable rights or benefits for any party against the United States, its departments, or its officials;
(d) The Department of the Treasury will bear the costs associated with the publication of this order.
DONALD J. TRUMP
THE WHITE HOUSE,
January 9, 2026.
