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Executive Order 14373 πŸ›οΈβœ… Zone 1: Maximum Authority Constitutional Fidelity (+0.65) πŸ“œ Art. II Β§2: Commander-in-Chief Supervisory Authority

Safeguarding Venezuelan Oil Revenue for the Good of the American and Venezuelan People

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Friday, January 9, 2026
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7 min read (1,359 words)
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91 Fed. Reg. 2045

Executive Brief • At a Glance

⏱️ 7 min read (1,359 words) β€’ ● In Effect
🎯 Primary Mandate

For the purposes of this order, β€œForeign Government Deposit Funds” means funds paid to or held by the United States Government in designated United States Department of the Treasury accounts or funds on behalf of the Government of Venezuela or its agencies or instrumentalities, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A., that are derived from either the sale of natural resources from, or the sale of diluents to, the Government of Venezuela or its agencies or instrumentalities.

βš–οΈ Constitutional Footing
πŸ›οΈβœ… Zone 1: Maximum Authority
Express or Implied Congressional Authorization
πŸ“œ Art. II Β§2: Commander-in-Chief Supervisory Authority
πŸ›οΈ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners Foreign Nations & International Entities

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Donald Trump on January 9, 2026, this order concerns Safeguarding Venezuelan Oil Revenue for the Good of the American and Venezuelan People. As Chief Executive and Commander in Chief, I find that the threat of attachment or the imposition of other judicial process against the Foreign Government Deposit Funds, as defined in section 2 of this order, will materially harm the national security and foreign policy of the United States.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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Definition

For the purposes of this order, β€œForeign Government Deposit Funds” means funds paid to or held by the United States Government in designated United States Department of the Treasury accounts or funds on behalf of the Government of Venezuela or its agencies or instrumentalities, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A., that are derived from either the sale of natural resources from, or the sale of diluents to, the Government of Venezuela or its agencies or instrumentalities.

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Preservation of Foreign Government Deposit Funds

Unless licensed or otherwise authorized pursuant to this order, any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is prohibited, and shall be deemed null and void, with respect to the Foreign Government Deposit Funds.

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Additional Presidential Findings and Determinations

I hereby determine and find that: (a) Ownership.

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Treatment of Foreign Government Deposit Funds

In holding the Foreign Government Deposit Funds, the Secretary of the Treasury shall: (i) designate such funds in a manner that clearly reflects their status as sovereign property of the Government of Venezuela held in custody by the United States, and not as the property of the United States; (ii) comply with instructions regarding disbursements or transfers of the Foreign Government Deposit Funds as may be determined by the Secretary of State, and not permit such funds to be used for any other purpose; and (iii) consult, as appropriate, with the Secretary of State, the Attorney General, and the Secretary of Energy.

Constitutional & Societal Entities Impacted

πŸ›οΈ Sovereign State Governments & Localities πŸ›οΈ Executive Departments & Federal Civil Servants πŸ›οΈ Private Citizens & Property Owners πŸ›οΈ Foreign Nations & International Entities πŸ›οΈ Financial Institutions & Monetary Authorities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

πŸ›οΈβœ… Zone 1 (Maximum Authority)
Β§

"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

β€” Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." β€” Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." β€” Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." β€” Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

βš–οΈ Discretionary Twilight Zone
64 / 100 friction index
Dimension 1 β€’ Art. I, Β§1 & Β§8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 β€’ Art. II, Β§1 & Β§3

Executive Scope & Faithfulness

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 β€’ 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 β€’ 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 β€’ Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
βš–οΈ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,359
8,761 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
18.2
Post-Graduate Legal
Language Tone Score
+0.65
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

Executive Order 14373 of January 9, 2026 Safeguarding Venezuelan Oil Revenue for the Good of the American and Venezuelan People By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (IEEPA), the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) (NEA), and section 301 of title 3, United States Code , it is hereby ordered:

Section 1 . #sec-1

Findings. As Chief Executive and Commander in Chief, I find that the threat of attachment or the imposition of other judicial process against the Foreign Government Deposit Funds, as defined in section 2 of this order, will materially harm the national security and foreign policy of the United States. Specifically, the attachment or the imposition of other judicial process against the Foreign Government Deposit Funds will substantially interfere with our critical efforts to ensure economic and political stability in Venezuela. The failure of these critical efforts would jeopardize major foreign policy objectives of the United States, including: ending the dangerous influx of illegal immigrants and the flood of illicit narcotics, which has resulted in the death of countless thousands of American citizens; protecting American interests against malign actors such as Iran and Hezbollah; and bringing peace, prosperity, and stability to the Venezuelan people and to the Western Hemisphere more generally. Accordingly, the preservation of the Foreign Government Deposit Funds is of the utmost importance to the United States. I therefore find that the possibility of attachment or the imposition of judicial process against the Foreign Government Deposit Funds constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, which has its source in whole or substantial part outside the United States, and I hereby declare a national emergency to deal with that threat.

Sec. 2 . #sec-2

Definition. For the purposes of this order, β€œForeign Government Deposit Funds” means funds paid to or held by the United States Government in designated United States Department of the Treasury accounts or funds on behalf of the Government of Venezuela or its agencies or instrumentalities, including the Central Bank of Venezuela and Petroleos de Venezuela, S.A., that are derived from either the sale of natural resources from, or the sale of diluents to, the Government of Venezuela or its agencies or instrumentalities.

Sec. 3 . #sec-3

Preservation of Foreign Government Deposit Funds. (a) Unless licensed or otherwise authorized pursuant to this order, any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is prohibited, and shall be deemed null and void, with respect to the Foreign Government Deposit Funds. (b) No Foreign Government Deposit Funds may be transferred, paid, exported, withdrawn, or otherwise dealt in, except to the extent provided by regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order.

FR Page 2046

(c) This order and actions taken pursuant to this order shall apply notwithstanding any previously issued Executive Order, and any action taken pursuant to such an order, to the extent such order or action blocks, regulates, or otherwise affects the Foreign Government Deposit Funds. This order and actions taken pursuant to this order shall supersede any previously issued Executive Order, and any action taken pursuant to such an order, to the extent such order or action blocks, regulates, or otherwise affects the Foreign Government Deposit Funds.

Sec. 4 . #sec-4

Additional Presidential Findings and Determinations. I hereby determine and find that: (a) Ownership. The Foreign Government Deposit Funds constitute property of the Government of Venezuela and do not constitute the property of any private party, including judgment creditors of Venezuela or its agencies or instrumentalities, or commercial actors that transacted or are transacting business with Venezuela or its agencies or instrumentalities. (b) Custodial Nature of United States Possession. The United States Government will hold the Foreign Government Deposit Funds solely in a custodial and governmental capacity, and not as a market participant. (c) Absence of Commercial Use in the United States. The Foreign Government Deposit Funds: (i) have not been, and shall not be, used for any commercial activity in the United States; and (ii) shall be held pending sovereign disposition for public, governmental, or diplomatic purposes determined by the Secretary of State, on behalf of the Government of Venezuela. (d) Governmental Purpose. The retention and administration of the Foreign Government Deposit Funds serve public sovereign purposes, including compliance with international obligations, the performance of government functions, and the maintenance of diplomatic and foreign policy objectives. (e) No Waiver of Immunity. Neither the placement of the Foreign Government Deposit Funds in a United States Department of the Treasury deposit account nor any related arrangement or activity constitutes an express or implied waiver of sovereign immunity from any attachment, judgment, decree, lien, execution, garnishment, or other judicial process, or consent to the jurisdiction of any court for purposes of enforcing private claims against such funds. (f) International Comity and Foreign Relations. Any attachment, judgment, decree, lien, execution, garnishment, or other judicial process against the Foreign Government Deposit Funds would interfere with the conduct of the foreign relations of the United States and undermine principles of international comity.

Sec. 5 . #sec-5

Treatment of Foreign Government Deposit Funds. (a) In holding the Foreign Government Deposit Funds, the Secretary of the Treasury shall: (i) designate such funds in a manner that clearly reflects their status as sovereign property of the Government of Venezuela held in custody by the United States, and not as the property of the United States; (ii) comply with instructions regarding disbursements or transfers of the Foreign Government Deposit Funds as may be determined by the Secretary of State, and not permit such funds to be used for any other purpose; and (iii) consult, as appropriate, with the Secretary of State, the Attorney General, and the Secretary of Energy. (b) The Secretary of the Treasury and the Attorney General are authorized and directed to assert, in any judicial or administrative proceeding, the sovereign immunity of the Foreign Government Deposit Funds consistent with this order and applicable law.

Sec. 6 . #sec-6

Administration. (a) The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the Secretary of

FR Page 2047

Energy, is authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. The head of each executive department and agency (agency) of the United States Government shall take all appropriate measures within the agency's authority to implement this order. (b) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA ( 50 U.S.C. 1641(c) ) and section 204(c) of IEEPA ( 50 U.S.C. 1703(c) ).

Sec. 7 . #sec-7

General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The costs for publication of this order shall be borne by the Department of the Treasury.

THE WHITE HOUSE, #signature

January 9, 2026.

πŸ›οΈOfficial NARA Filing:FR Doc. 2026-00831 Filed 1-14-26; 11:15 am
Billing Codes: 4810-25-P
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Scholarly & Legal Citations

Exec. Order No. 14,373, 91 Fed. Reg. 2045 (Jan. 9, 2026).