President imposes, then waives most Graham Act sanctions

Sweeping Russia tariffs and oil sanctions imposed by order, paused simultaneously via national security waiver

By LineZotpaper
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President signed an Executive Order implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, imposing steep new tariffs on Russian goods and countries that facilitate its oil exports. In a move that defuses the immediate economic impact, the President simultaneously invoked Section 115 of the Act to waive the vast majority of the sanctions, certifying to Congress that the pause serves the national interest.

The Executive Order, signed on October 16, formally brings the Graham Act into force. The order directs a 500% ad valorem duty on goods from the Russian Federation. It further imposes a 100% ad valorem duty on goods from the top five countries that knowingly import Russian crude oil or natural gas after October 18, 2026. A similar 100% tariff is directed at the top five countries found to be facilitating Russian oil sanctions evasion.

However, Section 4 of the same order waives every one of these duties and sanctions. The President submitted the required certification to Congress that the waivers are in the national interests of the United States, a step authorized by Section 115 of the Graham Act. The wide-ranging waiver covers the core sanctions provisions and the newly imposed tariffs.

The order delegates responsibility for monitoring the situation to the United States Trade Representative (USTR), in consultation with the State, Treasury, and Energy departments. The USTR is directed to monitor global purchases of Russian oil and the evasion of existing sanctions, and to recommend further action to the President if circumstances change. The waiver is structured to remain in effect until such time as the President or the Secretary of State determine that further action is appropriate.

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Analysis

Why This Matters

  • The US now possesses a pre-loaded legal mechanism for massive economic escalation against Russia, giving the President a powerful new tool in ongoing diplomatic efforts.
  • Countries importing Russian energy face a clear threat: continued purchases could trigger 100% tariffs on their exports to the US.

Background

The Lindsey O. Graham Sanctioning Russia and Iran Act was signed into law by the President on September 18, 2026, following bipartisan Congressional passage. The Act mandated a suite of tough sanctions. This Executive Order is the necessary regulatory step to put the law into effect, and the accompanying waiver reflects a strategic choice to keep the sanctions as a credible threat rather than immediately deploying them.

Key Perspectives

The White House: The administration's position is that the waiver is in the national interest. The approach allows the US to maintain maximum leverage while avoiding immediate disruption to global energy markets and providing time for diplomatic channels to work. Congressional Sanctions Advocates: The near-total waiver of mandatory sanctions is likely to prompt strong scrutiny from the authors of the Graham Act, who intended to compel an aggressive posture towards Russia's economy. Global Energy Importers: Nations like India and China, among the largest buyers of Russian crude, must now weigh the risk of their trade relationships with the US being disrupted if the waiver is revoked.

What to Watch

  • USTR's identification of the top five importers of Russian energy and facilitators of sanctions evasion.
  • Congressional hearings or legislative efforts to tighten the law in response to the waiver.
  • Any escalation in the conflict in Ukraine that could trigger a snapback of the full sanctions regime.

Sources

Checked

12 claims in this story checked against 1 source: 5 supported.

Show each claim
  1. Partly supportedThe President imposed and then waived most Graham Act sanctions.News – The White House: “The Graham Act provides for the imposition of certain sanctions... As described further in section 4 of this order, I am hereby waiving the application of such sanctions, restrictions, and duties provided for in the Graham Act.”
  2. Partly supportedThe tariffs and oil sanctions were paused through a national security waiver.News – The White House: “I have submitted to the Congress a certification that the issuance of such a waiver at this time is in the national interests of the United States.”
  3. Partly supportedThe order imposed tariffs on Russian goods and countries that facilitate Russian oil exports.News – The White House: “The rate of duty on goods from the largest 5 importers of crude oil and natural gas that originated in the Russian Federation shall be increased by 100 percent ad valorem if the country knowingly makes new purchases”
  4. SupportedThe President simultaneously used Section 115 to waive the vast majority of the sanctions and certified that the waiver was in the US national interest.News – The White House: “Pursuant to section 115(a) of the Graham Act, I hereby waive the application of the following sanctions provisions with respect to foreign persons and restrictions with respect to persons: sections 102(a), 102(e), 103, 104, 105, 106, 107, 108, 109, 110, 111, and 117”
  5. SupportedThe executive order was signed on October 16, 2026.News – The White House: “DONALD J. TRUMP THE WHITE HOUSE, October 16, 2026.”
  6. Not in the sourcesThe October 16 order formally brought the Graham Act into force.
  7. Partly supportedThe order directs a 500% ad valorem duty on Russian goods.News – The White House: “The rate of duty on goods from the Russian Federation shall be increased by 500 percent ad valorem, subject to the exceptions set forth in section 114 of the Graham Act and the waivers issued in section 4 of this order.”
  8. Partly supportedA 100% tariff applies to goods from the five largest countries knowingly importing Russian oil or gas after October 18, 2026.News – The White House: “The rate of duty on goods from the largest 5 importers... shall be increased by 100 percent ad valorem if the country knowingly makes new purchases... on or after October 18, 2026”
  9. SupportedThe order directs a 100% tariff increase on goods from the top five facilitators of Russian oil sanctions evasion.News – The White House: “The rate of duty on goods from the top 5 facilitators of Russian oil sanctions evasion shall be increased by 100 percent ad valorem, subject to the exceptions set forth in section 114 of the Graham Act and the waivers issued in section 4 of this order.”
  10. SupportedSection 4 waives all the duties imposed by the order and a broad set of Graham Act sanctions.News – The White House: “I hereby waive the application of any duties provided for in sections 112 and 113 of the Graham Act or this order.”
  11. SupportedThe USTR must monitor Russian oil and gas purchases and sanctions evasion, reporting circumstances that may require further presidential action.News – The White House: “The Trade Representative... shall monitor the circumstances related to the importation and purchases by countries of crude oil and natural gas of Russian Federation origin, as well as the facilitation of Russian sanctions evasion by countries”
  12. Partly supportedThe waivers remain effective until the President or Secretary of State determines that further action is appropriate.News – The White House: “The waivers... shall remain in effect until such time as the President or the Secretary of State, in consultation with the Secretary of the Treasury and the Trade Representative, as appropriate, determine that further action is appropriate.”

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