Public Law · Venezuela · June 24, 2026
The State Can Seize and Requisition Private Assets in Venezuela
Decree No. 5.364 authorizes it nationwide. Every company with assets in Venezuela needs to understand what powers the State now holds — and what protections apply.
Valentina Rivero · Ágora Abogados SC · July 2026
Decree No. 5.364
Declared an administrative State of Emergency (Civil Protection Law, 2001) — not the constitutional State of Exception, which requires National Assembly approval and Constitutional Chamber review. Article 6: authorizes occupation of facilities and requisition of essential assets throughout the country.
⚠ Nationwide scope
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Companies with facilities or ongoing construction projects
Risk
Temporary occupation of property or land — inside or outside the earthquake zones
Protection
Document the condition of the asset with inspections, photos, and independent appraisals before any potential occupation. This supports a subsequent compensation claim.
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Suppliers of transport, machinery, or materials
Risk
Requisition of movable assets or services — not the occupation of real property
Protection
Keep a written record of the asset delivered, its condition, and the agreed period of use. Confirm the order comes from an authority empowered by the Decree.
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Owners of vacant properties or land
Risk
The highest: idle assets are precisely what the State considers available first
Protection
Keep title documents current and maintain evidence of use or upkeep. Buyers in process: include protective clauses in contracts according to the stage of the transaction.
Level 01
Venezuelan company
Protection under the Expropriation Law and the National Security Law. Requires identification of the asset and compensation — or return at appraised value.
Level 02
Foreign investor without a BIT
Same local legal protection. Key: document the entire process. Specific contractual clauses depending on the stage of the transaction.
Level 03
Foreign investor with an applicable BIT
Reinforced protection. Make express reference to the treaty within the contract to activate its coverage against potential State intervention.