Recent US actions resulting in the removal of Venezuelan President Nicolás Maduro from power represent a significant inflection point in US–Venezuela relations. These developments have prompted renewed scrutiny of sanctions, sovereign assets, and future commercial engagement, creating material legal and compliance considerations for US companies, investors, and individuals with Venezuela-related exposure.
Recent Developments and Policy Signals
In early January 2026, the US conducted an operation in Venezuela leading to the capture and removal of President Maduro. In the days that followed, senior US officials issued a series of statements addressing sanctions enforcement and Venezuelan oil transactions. Taken together, these announcements reflect a fluid and, at times, unclear policy posture.
While some statements have emphasized the continued applicability of US sanctions and restrictions on Venezuelan oil transport, others have suggested the possibility of selective sanctions relief to facilitate the movement and sale of Venezuelan crude to global markets. To date, however, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) has not issued definitive regulatory guidance, licenses, or rulemaking confirming any such changes.
Separately, President Trump issued an Executive Order providing that certain Venezuelan oil revenues and related funds held in US Treasury accounts are exempt from judicial attachment or similar legal process. The stated objective is to preserve those funds in furtherance of US foreign policy objectives while limiting litigation risk tied to Venezuelan oil proceeds.
Implications for Businesses and Investors
These developments present immediate considerations for stakeholders.
- Sanctions and Compliance Risk
Venezuela-related sanctions remain complex and subject to rapid change. In the absence of clear OFAC guidance, reliance on public statements alone may expose companies and individuals to enforcement risk. - Claims and Dispute Strategy
US companies and individuals affected by expropriations, asset seizures, or contract disruptions should reassess litigation, arbitration, and recovery strategies in light of evolving geopolitical conditions. - Asset Protection and Cross-Border Planning
Individuals with Venezuelan exposure should evaluate asset protection, restructuring, and wealth-planning strategies amid potential changes in sovereign asset treatment and enforcement priorities. - Future Commercial Engagement
Companies considering re-entry or future participation in Venezuela’s energy or infrastructure sectors should carefully weigh regulatory uncertainty, political risk, and reputational considerations.
McCarter & English has formed a multi-disciplinary Venezuela Team whose members have experience in the region and who are addressing the fast-moving situation for stakeholders, including legal, regulatory, and strategic issues such as:
- Claims arising from Venezuelan government expropriations and asset seizures
- Asset and investment protection, including cross-border exposure and wealth planning
- Commercial litigation and international arbitration
- Trade, sanctions, and OFAC licensing strategy
- Strategic advisory support for clients evaluating future engagement in Venezuela
We urge stakeholders to consider the following when assessing their situations:
- Which Venezuela-related sanctions and restrictions currently apply, and what activities require OFAC authorization or licensing?
- How do recent US actions affect existing claims, disputes, or enforcement strategies involving Venezuelan assets?
- What risks arise from acting before formal regulatory guidance is issued?
- How should geopolitical and foreign-policy considerations inform strategic planning?
If you have questions about your or your company’s position as it relates to these developments, please contact a member of our Venezuela Team: partners Carlos Gimenez, Tania Cruz-Gimenez, Peter Lagonowicz, Robert Mintz, and Zack Hadzismajlovic.