Earlier this month, the US Department of State determined under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 that “the Russian government ha[d] used chemical or biological weapons in violation of international law or ha[d] used lethal chemical or biological weapons against its own nationals” (previous blog).
This week, on 27 August 2018, a Notice was published in the US Federal Register bringing mandatory sanctions under the Act into force against Russia. They will remain in place for at least 1 year, and consist of:
(1) Arms Sales: Termination of (a) sales to Russia under the Arms Export Control Act of any defence articles, defence services, or design and construction services, and (b) licenses for the export to Russia of any item on the US Munitions List. This sanction has been waived in relation to the issuance of licenses in support of government space cooperation and commercial space launches (such licenses to be issued on a case-by-case basis).
(2) Arms Sales Financing: Termination of all foreign military financing for Russia under the Arms Export Control Act.
(3) Denial of US 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 US Government, including the Export-Import Bank of the US.
(4) 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. There are a number of waivers relating to this sanction, including the areas of flight safety (civil fixed-wing passenger aviation), space flight, and commercial end-users (civil end-uses in Russia).
The fifth mandatory sanction under the Act, namely, termination of foreign assistance to Russia under the Foreign Assistance Act of 1961 (except for urgent humanitarian assistance and food or other agricultural commodities or products), has been waived in its entirety.