83 FR 43723 - Determinations Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 166 (August 27, 2018)

The Department of State, acting under authority delegated to the Secretary of State pursuant to Executive Order 12851, has determined pursuant to Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 that the Government of the Russian Federation has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. In addition, the Department of State has determined and certified to Congress pursuant to Section 307(d) of the Act that it is essential to the national security interests of the United States to partially waive the application of the sanctions required under Section 307(a) of the Act with respect to foreign assistance, the licensing of defense articles and services, and the licensing of national security-sensitive goods and technology. The following is a notice of the sanctions to be imposed pursuant to Section 307(a) of the Act, subject to these waivers.

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43723-43724]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18503]


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DEPARTMENT OF STATE

[Public Notice: 10519]


Determinations Regarding Use of Chemical Weapons by Russia Under 
the Chemical and Biological Weapons Control and Warfare Elimination Act 
of 1991

AGENCY: Bureau of International Security and Nonproliferation, 
Department of State.

ACTION: Notice.

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SUMMARY: The Department of State, acting under authority delegated to 
the Secretary of State pursuant to Executive Order 12851, has 
determined pursuant to Section 306(a) of the Chemical and Biological 
Weapons Control and Warfare Elimination Act of 1991 that the Government 
of the Russian Federation has used chemical weapons in violation of 
international law or lethal chemical weapons against its own nationals. 
In addition, the Department of State has determined and certified to 
Congress pursuant to Section 307(d) of the Act that it is essential to 
the national security interests of the United States to partially waive 
the application of the sanctions required under Section 307(a) of the 
Act with respect to foreign assistance, the licensing of defense 
articles and services, and the licensing of national security-sensitive 
goods and technology. The following is a notice of the sanctions to be 
imposed pursuant to Section 307(a) of the Act, subject to these 
waivers.

DATES: The determination is effective on August 27, 2018.

FOR FURTHER INFORMATION CONTACT: Pamela K. Durham, Office of Missile, 
Biological, and Chemical Nonproliferation, Bureau of International 
Security and Nonproliferation, Department of State, Telephone (202) 
647-4930.

SUPPLEMENTARY INFORMATION: Pursuant to Sections 306(a), 307(a), and 
307(d) of the Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991, as amended (22 U.S.C. Section 5604(a) and 
Section 5605(a)), on August 6, 2018, the Deputy Secretary of State 
determined that the Government of the Russian Federation has used 
chemical weapons in violation of international law or lethal chemical 
weapons against its own nationals. As a result, the following sanctions 
are hereby imposed:
    1. 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.
    The Department of State has determined that it is essential to the 
national security interests of the United States to waive the 
application of this restriction.
    2. Arms Sales: Termination of (a) sales to Russia under the Arms 
Export Control Act of any defense articles, defense services, or design 
and construction services, and (b) licenses for the export to Russia of 
any item on the United States Munitions List.
    The Department of State has determined that it is essential to the 
national security interests of the United States to waive the 
application of this sanction with respect to the issuance of licenses 
in support of government space cooperation and commercial space 
launches, provided that such licenses shall be issued on a case-by-case 
basis and consistent with export licensing policy for Russia prior to 
the enactment of these sanctions.
    3. Arms Sales Financing: Termination of all foreign military 
financing for Russia under the Arms Export Control Act.
    4. 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.
    5. 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.
    The Department of State has determined that it is essential to the 
national security interests of the United States to waive the 
application of this sanction with respect to the following:
    License Exceptions: Exports and reexports of goods or technology 
eligible under License Exceptions GOV, ENC, RPL, BAG, TMP, TSU, APR, 
CIV, and AVS.
    Safety of Flight: Exports and reexports of goods or technology 
pursuant to new licenses necessary for the safety of flight of civil 
fixed-wing passenger aviation, provided that such licenses shall be 
issued on a case-by-case basis, consistent with export licensing policy 
for Russia prior to enactment of these sanctions.
    Deemed Exports/Reexports: Exports and re-exports of goods or 
technology pursuant to new licenses for deemed exports and reexports to 
Russian nationals, provided that such licenses shall be issued on a 
case-by-case basis, consistent with export licensing policy

[[Page 43724]]

for Russia prior to enactment of these sanctions.
    Wholly-Owned U.S. Subsidiaries: Exports and reexports of goods or 
technology pursuant to new licenses for exports and reexports to 
wholly-owned U.S. subsidiaries in Russia, provided that such licenses 
shall be issued on a case-by-case basis, consistent with export 
licensing policy for Russia prior to enactment of these sanctions.
    Space Flight: Exports and reexports of goods or technology pursuant 
to new licenses in support of government space cooperation and 
commercial space launches, provided that such licenses shall be issued 
on a case-by-case basis, consistent with export licensing policy for 
Russia prior to enactment of these sanctions.
    Commercial End-Users: Exports and reexports of goods or technology 
pursuant to new licenses for commercial end-users civil end-uses in 
Russia, provided that such licenses shall be issued on a case-by-case 
basis, consistent with export licensing policy for Russia prior to 
enactment of these sanctions.
    SOEs/SFEs: Exports and reexports of goods or technology pursuant to 
new licenses for Russian state-owned or state-funded enterprises will 
be reviewed on a case-by-case basis, subject to a ``presumption of 
denial'' policy.
    These measures shall be implemented by the responsible departments 
and agencies of the United States Government and will remain in place 
for at least one year and until further notice.

Christopher A. Ford,
Assistant Secretary of State, International Security and 
Nonproliferation.
[FR Doc. 2018-18503 Filed 8-24-18; 8:45 am]
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