Key Facts

- On October 17, 2026, the President signed an order implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 and waiving its sanctions, restrictions, and duties [1].

- The waiver applies to all sanctions, restrictions, and duties provided for in the Graham Act, superseding the ad valorem duty increases outlined in the same order [1].

- Section 115 of the Graham Act requires a written certification to Congress for any waiver, and the President submitted such a certification stating the waiver is in the national interests of the United States [1].

- The order directs the United States Trade Representative, in consultation with the Secretaries of State, Treasury, Energy, and any other senior officials the Trade Representative deems appropriate, to monitor imports of Russian crude oil, natural gas, and goods from evasion facilitators and to report findings to the President [1].

- The order does not set a specific deadline for the monitoring reports or for any further action beyond the waiver itself [1].

- The lead document requires a written certification to Congress but does not specify the intended purpose of that certification [1].

Presidential Waiver Overturns New Tariffs

The President exercised authority granted by the Constitution, title 3 of the United States Code, and the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 to issue a presidential order that waives the application of all sanctions, restrictions, and duties specified in the Graham Act [1]. The order, dated October 17, 2026, explicitly states that the waiver is submitted to Congress with a written certification that it serves the national interests of the United States [1]. By invoking the waiver authority, the President effectively nullifies the punitive trade measures that were slated to take effect under the Graham Act, including substantial duty increases on Russian imports.

The Graham Act, signed into law on September 18, 2026, originally authorized a suite of economic tools aimed at pressuring the Russian Federation and certain other jurisdictions. Those tools included a 500 percent ad valorem duty increase on all Russian goods and an additional 100 percent duty on the top five importers of Russian crude oil and natural gas, as well as on the top five facilitators of Russian oil‑sanctions evasion [1]. Section 115 of the Act gives the President discretion to waive any of these provisions, provided a written certification to Congress explains why the waiver aligns with U.S. national interests [1]. The current order invokes that waiver authority and therefore suspends the duty escalations and associated restrictions.

In addition to the waiver, the order establishes a monitoring framework. The United States Trade Representative, working with the Secretaries of State, Treasury, Energy, and any other senior officials the Trade Representative determines appropriate, is tasked with continuously tracking the importation of Russian‑origin crude oil and natural gas and with identifying countries that facilitate sanctions evasion [1]. The Trade Representative must regularly inform the President of any such activity and furnish recommendations for further action, although the order does not prescribe a fixed reporting timetable.

Scope and Mechanisms of the Waiver

The order cites multiple legal authorities: the constitutional powers of the President, the statutes embodied in the Graham Act (22 U.S.C. 10802 et seq.), and section 301 of title 3 of the United States Code. By invoking Section 115 of the Graham Act, the President is required to submit a written certification to Congress that the waiver serves national interests, a requirement that was fulfilled alongside the issuance of the order [1]. The lead document requires that certification but does not address the broader purpose of the certification process.

The waiver expressly covers three categories of measures:

1. **Sanctions imposed on foreign persons** – any asset freezes, prohibitions, or other punitive actions targeting individuals or entities [1].

2. **Restrictions placed on persons** – limitations on transactions, travel, or other engagements with designated parties [1].

3. **Duties levied on goods imported from the Russian Federation and certain other jurisdictions** – the ad valorem surcharges described in Section 2 of the order [1].

Because the waiver supersedes the new tariff provisions, the 500 percent ad valorem duty increase on all Russian goods, the 100 percent duty on the five largest importers of Russian crude oil and natural gas, and the 100 percent duty on the five top facilitators of Russian oil‑sanctions evasion are not applied [1]. Existing duties, fees, taxes, or charges that were already in place under the Tariff Act of 1930 and other statutes remain unchanged.

The monitoring duties assigned to the Trade Representative are detailed in Sections 2(b) and 2(c) of the order. Specifically, the Trade Representative must:

- Track purchases of Russian‑origin crude oil and natural gas made after October 18, 2026, and identify any countries that knowingly acquire such supplies [1].

- Monitor the activities of the top five facilitators of Russian oil‑sanctions evasion as defined in Section 113(i) of the Graham Act, and report those findings to the President [1].

While the order mandates regular reporting, it does not specify a frequency or deadline for these submissions, leaving the timing of future reports at the discretion of the involved agencies.

Immediate Effects on Trade Policy

By waiving the Graham Act's duty provisions, the order eliminates the 500 percent ad valorem surcharge that would have applied to all goods imported from the Russian Federation [1]. Importers of Russian products therefore continue to pay only the pre‑existing duties, fees, taxes, or charges that were already in place under the Tariff Act of 1930 and other applicable statutes [1]. The record does not indicate any replacement duty or alternative measure, so the net effect is a maintenance of the status quo for Russian imports rather than an increase in cost.

The waiver also removes the additional 100 percent duty that would have been imposed on the five largest importers of Russian crude oil and natural gas, as well as on the five leading facilitators of Russian oil‑sanctions evasion [1]. Consequently, foreign governments and entities that fall within those categories are not subject to the extra levy, preserving their existing cost structures for Russian energy imports. The order does not enumerate any compensatory policy actions for the United States, nor does it detail any adjustments to domestic energy pricing or supply considerations.

The monitoring provisions create an ongoing reporting mechanism. The Trade Representative is required to keep the President apprised of any new purchases of Russian‑origin energy after October 18, 2026, and to identify countries facilitating sanctions evasion, providing recommendations for further action as needed [1]. However, the order does not set a concrete deadline for when these reports must be delivered, nor does it outline specific consequences should the monitoring reveal continued or expanded Russian energy trade.

Media reports contextualize the waiver. BBC News noted that the President temporarily ended many restrictions on Moscow, describing the move as a response to “national security” concerns [5]. Al Jazeera reported that the President waived additional Russia sanctions in an effort to ease energy prices [6]. Both outlets highlight the public perception of the waiver as a significant shift in U.S. sanctions policy, even though the order itself focuses strictly on the legal mechanics of the waiver and the associated monitoring duties.

What to Watch

- **The written certification submitted to Congress** confirming that the waiver serves national interests, which was delivered alongside the order [1].

- **Ongoing monitoring reports** from the United States Trade Representative to the President regarding Russian crude oil, natural gas purchases, and sanctions‑evasion facilitators, with no fixed reporting deadline specified [1].

- **Potential future recommendations** from the Trade Representative for additional actions based on monitoring findings, as outlined in the order’s provisions for further action [1].

- **Any subsequent congressional response or legislative amendment** to the Graham Act that could modify or reverse the waiver, though the order does not set a timeline for such activity [1].