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Secretary Pompeo: More Russia Sanctions Are Coming … Sometime

By Brian Egan, Peter Jeydel & Evan Abrams on February 14, 2019
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On February 13, 2019, the State Department provided a summary of Secretary of State Mike Pompeo’s recent phone call with Russian Foreign Minister Sergey Lavrov, which stated that “Secretary Pompeo reiterated the US determination to hold Russia accountable for its use of a chemical weapon in Salisbury, UK through sanctions as required by the CBW Act.”  The sanctions Secretary Pompeo referenced are the second round of sanctions slated to be imposed on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) for that country’s use of a nerve agent against a former Russian spy and his daughter in the United Kingdom.  The decision to impose the second round of CBW Act sanctions was announced in November of last year, but there has largely been radio silence from the administration over the past few months with respect to a timetable for imposition or the type of sanctions to be imposed.  While the summary of Secretary Pompeo’s call did not provide any additional detail on those questions, it is notable as it indicates that despite the months of delay the administration is still expressing an intent to move ahead with the sanctions.

The first round of CBW Act sanctions, which are described in our prior blog post, went into effect on August 27, 2018.  The Trump Administration then had three months to either (1) provide a certification to Congress that Russia was no longer using chemical or biological weapons, had provided reasonable assurances against the future use of such weapons, and permitted on-site inspections or other reliable means to verify compliance or (2) impose a second round of sanctions.

On November 6, 2018, the State Department informed Congress that it was unable to provide the above certification and would be proceeding with a second round of sanctions.  The second round of CBW Act sanctions requires the administration to select three sanctions from a menu of six options, including:

  • US opposition to all multilateral development bank assistance;
  • a prohibition on any US bank making a loan or providing credit to the Government of the Russian Federation except for the purposes of purchasing food or other agricultural commodities or products;
  • a ban on exports to Russia of all goods and technology (excluding food and other agricultural commodities and products);
  • a ban on imports into the US of articles that are the “growth, product, or manufacture of” Russia, which “may include petroleum or any petroleum product;”
  • a suspension or downgrading of diplomatic relations between the countries; and
  • a suspension of the authority for “foreign air carriers owned or controlled by” Russia to “engage in foreign air transportation to or from the United States.”

However, rather than immediately imposing the second round of sanctions, a State Department spokesperson stated “[t]he process takes time and we want to get sanctions right” and that the State Department did not believe there was a statutory deadline for the sanctions imposition. The State Department has not explained their legal justification, but it appears to stem from language in the CBW Act requiring the second round of sanctions to be imposed “after consultation with the Congress” without indicating a specific timetable in which such consultations must be completed.

In the meantime there have been no updates from the administration on a timetable for implementation, which of the six menu options will be selected, or whether any waivers of the sanctions will be exercised. The summary of Secretary Pompeo’s call appears to reaffirm the State Department’s previous decision to proceed with second round CBW Act sanctions, but, for now at least, the waiting continues.

Photo of Brian Egan Brian Egan

Brian Egan advises on a number of international legal issues that affect US and foreign clients, including economic sanctions, export controls, and anti-money laundering programs; national security trade and investment reviews; international arbitration and other cross-border disputes; international cybersecurity and data privacy; and…

Brian Egan advises on a number of international legal issues that affect US and foreign clients, including economic sanctions, export controls, and anti-money laundering programs; national security trade and investment reviews; international arbitration and other cross-border disputes; international cybersecurity and data privacy; and issues of public international law. He has worked in various senior legal positions for the US government, giving him keen insight into domestic and international legal matters that influence US government national security and foreign relations policies and programs. Before joining Steptoe, Brian served as the Legal Adviser to the US Department of State, the Legal Adviser to the National Security Council, Deputy White House Counsel, and Assistant General Counsel for Enforcement and Intelligence with the US Department of the Treasury. Brian has regularly appeared in public fora to speak on international legal issues, including testifying before Congress, public speaking engagements, and panel presentations.

Read Brian’s full bio.

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Photo of Peter Jeydel Peter Jeydel

Peter Jeydel‘s practice focuses on US export controls and economic sanctions, including the Commerce Department’s Export Administration Regulations (EAR), the State Department’s International Traffic in Arms Regulations (ITAR), and sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC)…

Peter Jeydel‘s practice focuses on US export controls and economic sanctions, including the Commerce Department’s Export Administration Regulations (EAR), the State Department’s International Traffic in Arms Regulations (ITAR), and sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC) and the State Department. His practice spans all aspects of these regimes, including counseling, compliance, transactional advice, licensing and opinions, disclosures, and enforcement actions. He has also represented companies and individuals seeking de-listing from OFAC’s sanctions list. In addition, Pete has assisted clients in anti-corruption matters, including under the US Foreign Corrupt Practices Act (FCPA), and has experience handling reviews and investigations by the Committee on Foreign Investment in the United States (CFIUS).

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Photo of Evan Abrams Evan Abrams

Evan Abrams counsels multinational corporations, financial institutions, and individuals on various international regulatory and compliance matters. He assists foreign and domestic companies in navigating national security reviews by the Committee on Foreign Investment in the United States (CFIUS). He has represented companies in…

Evan Abrams counsels multinational corporations, financial institutions, and individuals on various international regulatory and compliance matters. He assists foreign and domestic companies in navigating national security reviews by the Committee on Foreign Investment in the United States (CFIUS). He has represented companies in industries including semiconductors, metals, and digital security. Evan’s anti-money laundering (AML) practice focuses on helping financial institutions comply with federal and state AML rules, particularly money transmitters and entities involved in creating, exchanging, or dealing in cryptocurrencies and tokens. Evan counsels clients in a variety of export controls and sanctions matters related to the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and various sanctions programs under US and international law. In addition, Evan routinely assists clients on anti-corruption investigations and enforcement actions.

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  • Posted in:
    Government and Public Policy
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe LLP

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