Let's Talk About Maduro's Liberator Law

Maduro's Liberator Law is the government's latest move to get ahead of January 10th and cripple civil society

Autocrats never punch up. Just look at Maduro & Co’s response to the latest individual sanction list, which includes repression princess Daniella Cabello, and to the traction that the Bolivar Act has gathered in the U.S. Lacking originality, the Venezuelan government came up with its own Bolivar Act, in fact called the Liberator Simón Bolivar Law, which is conceptually similar to its U.S. counterpart but it actually targets the little guy in Venezuela. And by “little guy” we mean anyone, but mainly: political opponents, human rights activists, citizens willing to speak up, the private sector, and the media. 

Bolivar vs. Bolívar

For context, the Bolivar Act is a bipartisan bill that has been passed around Congress (in the U.S.) for some time now, which came into the spotlight after the House of Representatives approved it and after two of its key promoters, Marco Rubio and Mike Waltz, were nominated to join Donald Trump’s cabinet in 2025. The main objective of this piece of legislation is to cut funding to the Maduro regime by sort of signing into law the framework of sectorial sanctions that exist via Executive Order. There’s still a lot of pending analysis as to how it would affect the current oil licenses, but its propaganda effect is significant. 

While the Bolivar Act is kind of stuck in the U.S. legislative system, Maduro’s Liberator Law was swiftly approved by the National Assembly and even “certified” by the Supreme Tribunal. 

The Liberator Law is not just an instrument to damage U.S. parties or to circumvent sanctions like the Antiblockade Law, it’s a punitive tool to keep the opposition and its allies at bay by holding Venezuelan citizens hostage. 

While most penalties are directed at internal parties that the government could frame as being connected with the promotion of sanctions or plots to depose the government, there are some lines that hint at the possibility of expanding that to, again, “anyone” with provisions such as the definition of “Actions Contrary to the State’s Inalienable Values and Rights” which includes the following:

“2. The disregard for the legitimately established Public Authorities in the Bolivarian Republic of Venezuela, their acts, or their authorities, as well as the recognition of illegitimate subjects, groups, or organizations acting as if they exercise the competencies of Venezuelan Public Authorities, their authorities, or decentralized entities, territorially or functionally.”

This is a message to anyone who doesn’t recognize Maduro’s sham election results (likely 70% of Venezuela’s population). But the really ugly stuff is in the penalty section. Remember, the interpretation and enforcement of these rules will be subject to chavista subservient courts and security forces.

Article 9 on political disqualifications, for example, covers three categories of individuals: those who participate in what they call unilateral coercive measures or other restrictive or punitive measures against Venezuelans, mainly sanctions; people connected to foreign judicial measures over assets of the state; and those promoting forceful actions (send the Marines!). Through the years, chavismo has put most of their political opponents in any of these three boxes. So you know where this is going.

And it gets worse. The penalties for those they would consider sanction supporters or promoters of forceful actions include prison (25-30 years), a fine that could go up to $1 million, and political disqualification for up to 60 years.

There’s also a random (not so random) mention of asset forfeiture in the law. Asset confiscation has been a tool that chavismo has used against its opponents in the past. While not the type of story that lands in headlines, the government has taken more than one family home as political retaliation. 

And then they came for the press

Dissemination of what the government would consider advertisements, propaganda, or messages promoting the imposition of unilateral coercive measures or other restrictive or punitive actions that affect the country will be subject to a crippling fine ranging from $100,000 to $1 million. No Venezuelan media outlet could survive such a penalty. And this covers not only the written press, but digital media, electronic platforms and social media.

The discretionary use of this utterly unconstitutional

The chavista OFAC list

Chavismo has the private sector covered too. The Liberator Law creates a National Registry to identify individuals or legal entities, national or foreign, whose actions they consider contrary to the State’s rule.

The measures to be imposed may include:

  1. Preventive freezing of assets.
  2. Prohibition from contracting with the Republic or its decentralized entities.
  3. Suspension of registration in the National Contractors Registry.
  4. Prohibition of exporting or importing goods.
  5. Prohibition of conducting transactions involving movable or immovable property, vehicles, vessels, or aircraft.
  6. Prohibition of forming commercial or civil companies or participating in entities with a financial base.
  7. Suspension from participation in governing or administrative bodies of commercial, civil, or financial-base entities.

Again, this is likely to be enforced according to chavista strategy, needs, and priorities. Make sure to include it in the guide to doing business in Venezuela. For your benefit, here’s an English translation of the law.

More than a response to pressure from the U.S., Maduro’s Liberator Law is part of the regime’s strategy for January 10th, when Nicolás Maduro will take another unconstitutional oath of office—this time with almost 70% of the country against him. 

This same week the government passed the anti-NGO law. We can expect the Maduro regime to shuffle off this latest attempt at normalization and to lean harder on its autocratic tumbao, as they wait for the opposition’s next move.