1247. Do non-U.S. persons face sanctions risk for engaging in transactions authorized by General Licenses (GL) 46B, 51A, and 52?
No, provided that non-U.S. persons comply with certain conditions outlined in GLs 46B, 51A, and 52, as described below. Subject to certain conditions, GLs 46B, 51A, and 52 authorize established U.S. entities to engage in certain transactions involving Petróleos de Venezuela, S.A. (PdVSA), as well as certain transactions that are ordinarily incident and necessary to, among other activities, the exportation, sale, supply, storage, purchase, delivery, or transportation of Venezuelan-origin oil, petrochemical products, or minerals (including gold). Generally, non-U.S. persons do not risk exposure to U.S. sanctions for engaging in transactions authorized under GLs 46B, 51A, or 52 — such as transacting with PdVSA or importing Venezuelan-origin oil, petrochemical products, or minerals, into a third country — provided that:
• The non-U.S. entity was organized under the laws of a third country on or before January 29, 2025;
• Any monetary payment to a blocked person, excluding payments for local taxes, permits, or fees, is made into the Foreign Government Deposit Funds, as specified in Executive Order 14373 of January 9, 2026, or any other account as instructed by the U.S. Department of the Treasury;
• The payment terms are commercially reasonable;
• The payment terms do not involve debt swaps, and are not denominated in digital currency, digital coin, or digital tokens issued by, for, or on behalf of the Government of Venezuela, including the petro;
• The transaction does not involve a person located in or organized under the laws of the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, or any entity that is owned or controlled, directly or indirectly, by or in a joint venture with such persons;
• The transaction does not involve an entity located in or organized under the laws of Venezuela or the United States that is owned or controlled, directly or indirectly, by or in a joint venture with a person located in or organized under the laws of the People's Republic of China;
• The transaction does not involve a blocked vessel; and
• With respect to GL 51A, the transaction does not involve the processing or refining of Venezuelan-origin minerals, including gold, in the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, or the People's Republic of China.
These conditions are designed to ensure that transactions involving PdVSA or Venezuelan-origin oil, petrochemical products, and minerals occur through legitimate and authorized channels, consistent with efforts to restore prosperity, safety, and security to Venezuela. Non-U.S. persons who continue to transact with PdVSA or import Venezuelan-origin oil, petrochemical products, and minerals, including gold, without complying with the above conditions risk being designated themselves, including for providing financial, material, or technological support to blocked persons, being responsible for or complicit in a transaction involving deceptive practices or corruption and the Government of Venezuela, or operating in the gold or oil sectors of the Venezuelan economy.
Please note that GL 52 contains additional restrictions on engaging in certain transactions prohibited by other Venezuela-related Executive orders, such as transactions related to bonds and debt issued by PdVSA, as well as on the entry into a settlement agreement or the enforcement of any lien, judgment, or other order through execution, garnishment, or other judicial process purporting to transfer or otherwise alter or affect property or interests in property of any persons blocked pursuant to the Venezuela Sanctions Regulations.
Please see FAQ 1226 for the definition of "Venezuelan-origin oil," which includes petroleum products.
Please see FAQ 1232 for what OFAC considers "commercially reasonable terms."
Please see FAQ 1239 for information on how to make authorized payments to the Foreign Government Deposit Funds, as specified in E.O. 14373.
Date Released
March 31, 2026
1) OFAC’s guidance at FAQ # 7 states that “non-U.S. persons do not generally risk being sanctioned for engaging in or facilitating transactions for which a U.S. person would not require a specific license.” Meanwhile, Venezuela GLs Venezuela General License 46B, Venezuela General License 51 and Venezuela General License 52 each apply to transactions “by an established U.S. entity” (defined to mean “any entity organized under the laws of the United States or any jurisdiction within the United States on or before January 29, 2025.” Given that actually being an “established U.S. entity” within the meaning of the GL is effectively a condition for use of the GL, there appears to be no mechanism for applying the secondary sanctions related safe harbor at FAQ # 7 to transactions of non-U.S. persons that are generally described by the above-mentioned GLs. With this FAQ, OFAC articulates a secondary sanctions safe harbor policy specific to the above-mentioned GLs, where the ordinary “would it be authorized for a U.S. person” counterfactual analysis of FAQ # 7 applies for the most part, and OFAC allows this to apply to transactions by “a non-U.S. entity…organized under the laws of a third country on or before January 29, 2025”. Notably, for purposes of the secondary sanctions safe harbor, OFAC maintains the requirement that any “monetary payment to a blocked person, excluding payments for local taxes, permits, or fees, is made into the Foreign Government Deposit Funds, as specified in Executive Order 14373 of January 9, 2026, or any other account as instructed by the U.S. Department of the Treasury;” but drops the requirement that contracts with GoV entities must “specify that the laws of the United States or any jurisdiction within the United States govern the contract and that any dispute resolution under the contract occur in the United States.”
2) Because this is a secondary sanctions safe harbor FAQ that addresses transactions by non-U.S. persons that do not qualify for the GL would ordinarily deal with transactions fully outside of OFAC’s jurisdiction. Here, however, it is a requirement of the policy that payments be made “into the Foreign Government Deposit Funds” or another account as directed by the USG. So at least that aspect of the transaction triggers OFAC’s jurisdiction. Assuming that the drafters of the FAQ considered this wrinkle, it would have to be that OFAC regards the making of such payments as authorized by the official business GL of the VSR (591.509), otherwise non-U.S. persons transacting pursuant to the FAQ would need a specific license to make payments, which would defeat the purpose of the FAQ.
3) Note that the secondary sanctions policy does not require reports made to be made to the State Department, as described in the GLs.
4) OFAC takes the position that a current “contractor” of the GoV is a person blocked pursuant to EO 13884 as meeting the definition of “Government of Venezuela,” and as is the case with employees, this appears to be the case whether or not the “contractor” is acting in its capacity as a contractor when engaging in a transaction with a U.S. person (Venezuela General License 34A). So if a non-U.S. person is a contractor with PdVSA pursuant to this secondary sanctions safe harbor, is that person a blocked person for EO 13884 purposes? Presumably not; OFAC does not appear to have thought this one through.