Notice2021-19117

Imposition of Additional Sanctions on Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991

Primary source

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Published
September 7, 2021

Issuing agencies

State Department

Abstract

On March 2, 2021, the Secretary of State, acting under authority delegated pursuant to Executive Order 12851, determined pursuant to section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act), 22 U.S.C. 5604(a), that the Government of the Russian Federation used chemical or biological weapons in violation of international law or lethal chemical or biological weapons against its own nationals. Notice of this determination was published on March 18, 2021 in the Federal Register, under Public Notice 11374, which resulted in sanctions against Russia. Section 307(b) of the CBW Act, requires a decision within three months of March 2, 2021 regarding whether Russia has met certain conditions described in the law. Additional sanctions on Russia are required if these conditions are not met. Russia has not met the CBW Act's conditions and the Deputy Secretary of State has decided to impose additional sanctions on Russia on August 20, 2021.

Full Text

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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50203-50204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19117]


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DEPARTMENT OF STATE

[Public Notice: 11522]


Imposition of Additional Sanctions on Russia Under the Chemical 
and Biological Weapons Control and Warfare Elimination Act of 1991

ACTION: Notice.

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SUMMARY: On March 2, 2021, the Secretary of State, acting under 
authority delegated pursuant to Executive Order 12851, determined 
pursuant to section 306(a) of the Chemical and Biological Weapons 
Control and Warfare Elimination Act of 1991 (CBW Act), 22 U.S.C. 
5604(a), that the Government of the Russian Federation used chemical or 
biological weapons in violation of international law or lethal chemical 
or biological weapons against its own nationals. Notice of this 
determination was published on March 18, 2021 in the Federal Register, 
under Public Notice 11374, which resulted in sanctions against Russia. 
Section 307(b) of the CBW Act, requires a decision within three months 
of March 2, 2021 regarding whether Russia has met certain conditions 
described in the law. Additional sanctions on Russia are required if 
these conditions are not met. Russia has not met the CBW Act's 
conditions and the Deputy Secretary of State has decided to impose 
additional sanctions on Russia on August 20, 2021.

DATES: September 7, 2021.

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 Section 307(b) of the Chemical 
and Biological Weapons Control and Warfare Elimination Act of 1991, as 
amended (22 U.S.C. 5605(b)), on August 20, 2021, the Deputy Secretary 
of State decided to impose additional sanctions on Russia. As a result, 
the following additional sanctions are hereby imposed:
    1. Multilateral Development Bank Assistance: The United States 
Government shall oppose, in accordance with Section 701 of the 
International Financial Institutions Act (22 U.S.C. 262d), the 
extension of any loan or financial or technical assistance to Russia by 
international financial institutions.
    2. Bank Loans: The United States Government shall prohibit any 
United States bank from making any loan or providing any credit to the 
Government of the Russian Federation, except for loans or credits for 
the purpose of purchasing food or other agricultural commodities or 
products.
    The Deputy Secretary of State has determined that it is essential 
to the national security interests of the United States to waive the 
application of this sanction in all respects, except that the authority 
of Executive Order 13883 shall be used by the Department of the 
Treasury to prohibit United States banks from (1) participating in the 
primary market for non-ruble denominated bonds issued by the Russian 
sovereign issued after the enactment of these sanctions; and (2) 
providing non-ruble denominated loans to the Russian sovereign after 
the enactment of these sanctions, in both cases as further described in 
a Federal Register Notice issued by the Department of the Treasury and 
implemented through the Directive and guidance published on the Office 
of Foreign Assets Control's website (<a href="http://www.treasury.gov/ofac">http://www.treasury.gov/ofac</a>).
    3. Further Export Restrictions: The authorities of section 6 of the 
Export Administration Act of 1979 shall be used to prohibit exports to 
Russia of all other goods and technology (excluding food and other 
agricultural commodities and products).
    The Deputy Secretary 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:
    Reasons for Control: Exports and reexports of goods or technology 
controlled for reason CB (Chemical and Biological Weapons), MT (Missile 
Technology), and NP (Nuclear Proliferation), pursuant to new licenses, 
provided that such licenses will be issued on a case-by-case basis, 
subject to a ``presumption of denial'' policy. Exports and reexports of 
goods or technology controlled for AT (Anti-Terrorism), CC (Crime 
Control), FC (Firearms Convention), and RS (Regional Stability), 
pursuant to new licenses, provided that such licenses will be issued on 
a case-by-case basis, consistent with export licensing policy for 
Russia prior to enactment of these sanctions.
    License Exceptions: Exports and reexports of goods or technology 
eligible under License Exceptions GOV, ENC, BAG, TMP, 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 reexports 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 for Russia 
prior to enactment of these sanctions.
    Wholly-Owned U.S. and Other Foreign Subsidiaries: Exports and 
reexports of goods or technology pursuant to new licenses for exports 
and reexports to wholly-owned U.S. and other foreign 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.
    Government Space Cooperation: Exports and reexports of goods or 
technology pursuant to new licenses in support of government space 
cooperation, 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 Space Launches: Exports and reexports of goods or 
technology pursuant to new licenses in support of commercial space 
launches, provided that such licenses will be reviewed subject to a 
``presumption of denial'' policy.
    Commercial End-Users: Exports and reexports of goods or technology 
pursuant to new licenses for commercial end-users for civil end-uses in 
Russia, provided that such licenses will be

[[Page 50204]]

reviewed subject to a ``presumption of denial'' policy.
    SOEs/SFEs: Exports and reexports of goods or technology pursuant to 
new licenses for Russian state-owned or state-funded enterprises will 
be reviewed subject to a ``presumption of denial'' policy.
    4. Import Restrictions: New or pending permit applications 
submitted to the Department of Justice, Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF) for the permanent importation into the 
United States of firearms or ammunition, as defined on the U.S. 
Munitions Import List (22 CFR 447.21, Categories I and III), that are 
manufactured or located in the Russian Federation shall be denied in 
accordance with section 38 of the Arms Export Control Act (22 U.S.C. 
2778) and Executive Order 13637. Consistent with authority delegated 
under Executive Order 12851, the Department of the Treasury has 
concurred with the imposition of this sanction and its implementation 
by ATF.
    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.

Choo S. Kang,
Acting Assistant Secretary, Bureau of International Security and 
Nonproliferation, Department of State.
[FR Doc. 2021-19117 Filed 9-3-21; 8:45 am]
BILLING CODE 4710-27-P


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Indexed from Federal Register on September 7, 2021.

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