Determinations of a democratically elected government in Venezuela

(a) In general Upon making a determination that a democratically elected government is in power in Venezuela, the President shall submit that determination to the appropriate congressional committees. (b) Requirements for determining a democratically elected government is in power in Venezuela For the purposes of making a determination under subsection (a), a democratically elected government in Venezuela is a government that— (1) results from free and fair elections— (A) conducted under the supervision of internationally recognized election observers; and (B) in which— (i) all qualified candidates were allowed to participate; (ii) opposition parties were permitted ample time to organize and campaign for such elections; and (iii) all qualified candidates were permitted full access to the media; (2) is making demonstrable progress in— (A) establishing an independent judiciary; (B) respecting internationally recognized human rights, basic civil liberties, and fundamental freedoms as set forth in the Universal Declaration of Human Rights, which was adopted unanimously by the United Nations General Assembly and supported by Venezuela; (C) allowing the establishment of independent social, economic, and political associations; (D) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Venezuela; and (E) assuring the right to private property; (3) does not include Nicolas Maduro or any persons— (A) with respect to which sanctions have been imposed by the Office of Foreign Assets Control; or (B) sought by the United States Department of Justice; (4) has lifted the order of contempt issued by the Venezuelan Supreme Tribunal of Justice (TSJ) on January 11, 2016, against the National Assembly convened on January 6, 2016, including by restoring all powers of the National Assembly and the immunities for deputies; (5) has ceased to interfere with the functioning of all political parties and candidates, including by lifting all judicial interventions of political parties and restrictions on all presidential candidates; (6) has released all political prisoners and allowed for investigations of Venezuelan prisons by appropriate international human rights organizations; (7) has dissolved the Colectivos and any state security and intelligence service credibly accused of committing gross violations of human rights; (8) is taking genuine efforts to extradite or otherwise render to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; (9) is not providing any support to any group, in any other country, that seeks the violent overthrow of the government of that country; (10) has permitted the deployment throughout Venezuela of independent and unfettered international human rights monitors; and (11) has freed all hostages and illegally and wrongfully detained United States nationals.