WH cites terrorism in considering unilateral sanctions on Venezuela

According to this news article from McClatchy, the Bush Administration directed its lawyers to determine what criteria must be used to designate Venezuela as a "State Sponsor of terrorism". If the WH is successful in placing this designation on Venezuela, the country will immediately be subject to severe U.S. sanctions.

Apparently the Secretary of State has the authority to make this designation. A brief search through the State Department's website does not reveal any specific criteria to be used in making such a determination.

It does however, have a page detailing the penalties resulting from the designation. It begins with a convoluted (some might say circular) definition:

"Designating countries that repeatedly provide support for acts of international terrorism (that is, placing a country on the terrorism list) imposes four main sets of U.S. Government sanctions..."

Basically, this appears to amount to a standard of "it is what we say it is". But this would be a decision with powerful results, including:

A ban on arms-related exports and sales
Controls over exports of dual-use items
Prohibitions on economic assistance
Imposition of miscellaneous financial and other restrictions, including:
Requiring the United States to oppose loans by the World Bank and other international financial institutions
Denial of duty-free treatment of goods exported to the United States;
Authority to prohibit any U.S. citizen from engaging in a financial transaction with a terrorist-list government without a Treasury Department license

These are, or certainly could be, crippling sanctions. Essentially, all or a large part of trade between Venezuela and the U.S. could be shut down. The shutdown would occur on the say-so of one person: Condoleeza Rice.

The Bush Administration doesn't like Venezuela's government. It doesn't like Venezuela's economic system (socialist). It doesn't like Hugo Chavez, especially with his constant public satire directed at GWBush. And the Bush Administration has not yet found a pseudo-plausible reason to bomb or invade Venezuela yet. But, ever wily, the WH believes it has found a simple method of doing damage to and imposing its will upon Hugo Chavez and his recalcitrant country.

The authority for the Administration to do this is found, at least in part, in Section 310 of the Export Administration Act of 2001. This section mentions various hoops that must be jumped through for states to get off the list and/or to acquire waivers ("licenses"). These hoops include congressional notification, reports, and analysis. But for a country to get on the list? No congressional notification, consultation, or anything else. In fact, the statute contains the same "standard" for determination of terrorist state as is mentioned, in passing, on the State Department's website. It is as follows:

...the government of such country has repeatedly provided support for acts of international terrorism...

And that is all. Such a succinct standard, with no objective elements to speak of, is perfect if you are in favor of an omnipotent executive. (Apparently the circa-2001 Congress was not much interested in overseeing these types of decisions.) This standard could, if the executive and his subservient Secretary were so inclined, be satisfied by almost any shreds of trumped up innuendo, rumors, and half-truths. And yet, we probably shouldn't worry. Because this particular executive and his associates have always in the past been known to act honorably and in good faith.