A new interim government was formed in Venezuela

The US State Department will arrange an agenda with the new “government” of Venezuela, led by Dinora Figueira. Meetings will take place in the coming weeks, with the location yet to be determined, with Madrid or Washington considered as possible venues, in what would be official confirmation of US recognition of a new “interim government”. In this way, doctor and member of parliament Dinora Figueira, 62 years old and currently living as a political refugee in Spain, becomes the first female president of Venezuela based on the same constitutional interpretation that supported the interim Juan Quito.

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In the dialogue for this report, Figueira insisted that this would not be a new “provisional government”, asserting his status as president of the National Assembly and refusing to be considered head of the executive branch. Figueroa, however, let it be known that he accepted “constitutional functions” in what he described as a “sui generis” situation. These “constitutional functions” relate precisely to the head of government and are distinct from the functions of the legislative branch. The “sui generis” situation that the new president of Venezuela refers to is the absence of a legitimately elected government given the usurpation nature of Nicolás Maduro’s government, which earned him the constitutional support to assume the interim presidency of Guaidó on 10 January 19. Recognized by dozens of governments, it had legal, political, diplomatic and administrative implications.

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The Otálvora report of 25MAR23 reports a meeting at the US Embassy in Madrid on 15MAR23 between Undersecretary for Economic Policy for Brazil and the Southern Cone, Andean Affairs and Western Hemisphere Office Dinora Figueira and Mark Wells. Affairs of the Department of State. The meeting marks the United States’ recognition of the National Assembly elected in 2015 as the sole representative constitutional body of the Venezuelan state. But the report said the recognition was “not enough to unravel the legal and political problems caused by Venezuela’s lack of a recognized government. Figueroa was reportedly briefed on the U.S. position and warned of the situation created by the dissolution of the “interim government.” Solutions to the lack of legal representation and the legal vacuum created by the dissolution of the “interim government” led by Juan Quito are discussed. However, the Biden administration maintains its position that it does not recognize Nicolas Maduro as Venezuela’s ruler, but it will not grant diplomatic recognition to a “legislative government” like the one painted by those who ousted Juan Guaidó.”

Now, several months later, the US government and Dinora Figueira have already indicated a response to this situation.

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Everything points to the fact that the Venezuelan opposition and Joe Biden’s government had to backtrack on the decision to abandon the image of a “provisional government” in Venezuela, a body legally recognized and recognized by the United States and other governments. The interpretation of the Venezuelan constitution, adopted by the United States during the Trump administration and sidelined by some operatives in the White House of the Biden administration, once again appeared as a necessary and legal solution. Although the decision and the respective official proceedings are not made public, they are presented as fact in the official media in Washington and London. For the United States, various decisions issued in recent weeks have precisely recognized Venezuelan executive authority as a legal condition, distinct from the unacceptable “parliamentary government” conceived by Vice Figueira.

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Representatives of the National Assembly elected in 2015, known in international slang as the “IV National Assembly of Venezuela”, recognized by the United States and other countries, decided on 30DEC22 to dissolve the “interim government” and not renew Guaidó. At the head of the legislature, by approving a new version called the “Act for Transition to Democracy”. In this way, on January 23, 05, a new Board of Directors of the National Assembly was elected, led by Dinora Figueira, a member of the Primero Justicia party. As recognized by Quito’s rivals, Figueroa will not assume the role of acting president of the republic. The opposition coalition, known as the G4, was formed by Voluntad Popular (Guaidó and Leopoldo López), Primero Justicia (Julio Borges and Henrique Capriles Radonski), Axion Democratica (Henri Ramos Allup) and Un Nuevo Tiempo (Manuel Rosal). From 2021 onwards, there is a growing conflict over the continuation of the “provisional government” of Quito, whom they see as an eventual rival for future presidential elections. With Guaidó not renewed as president of the National Assembly and the “transitional government” dissolved, some sectors of the opposition believed that the regime was paving the way for elections in 2024 and the removal of “” Legal “obstacles. Prevent some leaders from presenting their candidacies. Guaidó’s removal and pressure from the regime’s repressive machinery, which forced him into exile, satisfied both Chavismo and various opposition parties.

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The decision of the National Assembly received the censure of renowned Venezuelan jurists such as Alan Brewer Carias, Astrubal Aguirre or Roman Duque Corder. “The reform of the transition to democracy which supposedly “abolishes” the interim government is nothing but a colossal and unconstitutional folly because the government is not “created” by the National Assembly and therefore cannot be “abolished by it. ,” Brewer wrote.

Aguiar wrote: “This constitutional figure of presidential responsibility, effective January 10, 2019 with full law — in the absence of an elected president — is not optional.”

Brewer concluded the argument: “Juan Guaidó assumed charge of the Republic on January 10, 2019, in accordance with the constitutional obligation he received from Article 233 of the Constitution, in the absence of a legitimate President. Take his charge on that date.

The explanation given by Brewer and Aguirre would have been taken up by the US government. Ms. Figueira will be the President-in-Charge of the Republic based on Article 233 of the Constitution created by the decree of Hugo Chávez.

The legal basis for the application of Article 233 is collected in the book “Decision of the President and Parliamentary Government in Venezuela” published in January 2023 under the coordination of Brewer and Aguirre.

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On 09JAN23, the US Department of the Treasury issued a license confirming the removal of sanctions for transactions that US individuals or companies may have with officials of the “IV National Assembly”. In this way, the new board of AN will be able to manage bank accounts and carry out financial transactions in the United States for the purposes of the flow of Venezuelan state resources that are prohibited in the United States. AN and “intermediate government. However, this license cannot be translated into monetary issuance

The Treasury Department said Venezuela’s representative did not comply with U.S. legal requirements that would have allowed for “certification” of legal representatives’ status by the State Department. At that time, the interpretation of Article 233 of the Chavista Constitution must have been taken up by Dinora Figueira and the US State Department.

On 01MAY23, the US Treasury Department issued a license authorizing the “IV National Assembly” to negotiate with creditors of the Venezuelan state, which seeks to collect debt by seizing and selling Venezuelan state assets abroad. Enormous Venezuelan foreign debt, incurred by creditors of the Chávez and Maduro governments and judicial penalties for expropriations committed and unpaid by the regime, threatens the republic’s assets. Negotiating foreign debt is an attribute of executive power under the Venezuelan Constitution. In other words, the negotiation processes with the creditors interested in taking over the Citco oil company, which were in the hands of the “interim government” of Juan Guaido, are now in the hands of the “interim government” of Figueira.

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The Trump administration created the position of “Special Representative for Venezuela” at the State Department, which was assigned to Elliott Abrams. The position has been vacant since Joe Biden came to the White House. In turn, the Trump administration won Senate approval to appoint Ambassador James Storey as ambassador to Venezuela, but the breakdown in relations meant that the head of the US mission would have to act as head of the “U.S. State Department for Venezuela.” in Bogotá and without the qualities of a true embassy.

In the political media in Washington, the story points to the president’s adviser, Colombian-American Juan González, as the authors of the plan to approach Nicolás Maduro in exchange for talks with the opposition and the dissolution of the “interim government”. Katha was removed from his post on 19MAY23 and till date, he is not known to have been assigned a new consular post. The State Department decided not to send a new ambassador to Venezuela to take over the office in Bogotá. In the absence of the US ambassador to Colombia, the office is placed under the control of Francisco Palmieri, who is in Colombia as the head of the diplomatic mission.

In turn, the direction of policy toward Venezuela in the Biden administration appears to be changing hands and possibly changing direction. During the Biden administration, the State Department appears to be resuming operational management of relations with Venezuela, which was concentrated in the National Security Council. Diplomat Mark Wells will fully embrace the Venezuela issue in the Western Hemisphere sector. There are many rumors on this subject…

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Lula da Silva may undergo an operation that will force her to stay away from public places for several months.

Lula is currently in Japan to attend the G7 summit and is due to undergo a medical examination. In Brazilian gossip, Lula, 77, may undergo hip and femur replacement surgery. Such a situation could complicate the Brazilian’s planned international agenda for the coming months, including a highly anticipated summit of South American leaders by the Venezuelan dictatorship.