Today, the Secretary of State determined that the Government of the Russian Federation has used a chemical weapon against its own nationals, in violation of the Chemical Weapons Convention. As a result, the following sanctions will be imposed (full or partial waivers are noted below) after the 15-day Congressional notification period:
- Foreign Assistance:Termination of assistance to Russia under the Foreign Assistance Act of 1961, except for urgent humanitarian assistance and food or other agricultural commodities or products.
- Arms Sales:Termination of (a) sales to Russia under the Arms Export Control Act of any defense articles, or defense services, and (b) licenses or other approvals for the export to Russia of any item on the United States Munitions List, except in support of commercial space cooperation following a six-month transition period, and government space cooperation.
- Arms Sales Financing:Termination of all foreign military financing for Russia under the Arms Export Control Act.
- Denial of United States Government Credit or Other Financial Assistance:Denial to Russia of any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, including the Export-Import Bank of the United States.
- Exports of National Security-Sensitive Goods and Technology:Prohibition on the export to Russia of any goods or technology on that part of the control list established under Section 2404(c)(1) of the Appendix to Title 50.
Duration and Conditions for Removal
The sanctions will take effect following the publication of a Federal Register notice and they will remain in place for a minimum of 12 months. The sanctions can only be removed after this 12-month period if the Executive Branch determines and certifies to Congress that the Russian government has met several conditions described in the CBW Act (22 U.S.C. 5605(c)), including (1) providing reliable assurances that it will not use chemical or biological weapons in violation of international law and will not use lethal chemical or biological weapons against its own nationals; (2) it is not making preparations to use chemical weapons in violation of international law or to use lethal chemical or biological weapons against its own nationals; (3) that it is willing to allow on-site inspections by United Nations observers or other internationally recognized, impartial observers to verify that it is not making preparations to use chemical or biological weapons in violation of international law or to use lethal chemical or biological weapons against its own nationals, or other reliable means exist to verify that it is not making such preparations; and (4) that it is making restitution to those affected by any use of chemical or biological weapons in violation of international law or by any use of lethal chemical or biological weapons against its own nationals.
The United States government has determined that it is essential to U.S. national security interests to waive certain restrictions on foreign assistance and exports.
Foreign Assistance: The restriction will continue to be waived in all respects.
Export Restrictions: Some of the waivers to restrictions on arms sales and Commerce-controlled exports of national security-sensitive (NS) items that were implemented as part of sanctions imposed in August 2018 in response to the Skripal attack will continue, including:
— Export license exceptions: Temporary Imports, Exports, and Reexports (TMP); Governments, International Organizations, and International Inspections under the Chemical Weapons Convention (GOV); Baggage (BAG); Aircraft and Vessels (AVS); or Encryption Commodities and Software (ENC).
— Exports needed to ensure the safe operation of commercial passenger aviation;
— Exports to wholly-owned subsidiaries of U.S. and other foreign companies in Russia;
— Deemed export licenses for Russian nationals working in the United States; and
— Exports in support of government space cooperation.
License applications subject to these waivers will continue to be reviewed on a case-by-case basis. However, several existing export-related waivers will be removed. These include:
— The waivers for license exceptions Service and Replacement of Parts and Equipment (RPL), Technology and Software Unrestricted (TSU), and Additional Permissive Reexports (APR) will be removed. Exporters will no longer be able to use these exceptions for exports and reexports of NS items to Russia.
— The waiver for exports and reexports of NS items to commercial end-users in Russia for civil end-uses will be removed. Applications for such exports will now be reviewed under a “presumption of denial” policy.
— The waivers for exports of U.S. Munitions List items and NS items in support of commercial space flight activities in Russia will be removed following a six-month transition period, after which such exports will be subject to a license review policy of a presumption of denial.