Congress Passed Tough Russia Sanctions, So Trump Found Section 115 – PJ Media– pjmedia.com
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EXCERPT:
On September 18, President Donald Trump signed a law designed to punish Russia for continuing its war against Ukraine. The Senate had approved it 86-11. On October 16, as its major new penalties approached, Trump issued an executive order that waived much of what Congress had just enacted.
Lawmakers gave him authority in a provision they included in the statute: Section 115.
The Graham Act was meant to increase economic pressure on Moscow and its trading partners. It authorized duties as high as 500% on Russian imports and up to 100% on goods from certain countries buying Russian oil and gas. It also targeted Russian officials, banks, energy interests, and efforts to evade existing sanctions.
Section 115 permits the president to waive sanctions, restrictions, or duties under the act. Before doing so, he must send Congress a written certification, accompanied by an explanation, that the waiver serves America’s national interests. The text doesn’t require Russia to make concessions before a waiver can be issued. Congress expressly gave the president discretion.
Trump used it. Section 4 of his October 16 order waives new tariffs under Sections 112 and 113 and includes a long list of sanctions provisions. Anyone looking only at the announced diesel arrangement would miss the decision’s breadth. The order also directs trade officials to monitor Russian energy purchases and sanctions evasion, preserving the possibility of future penalties if the administration changes course.
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