Notice2024-12481
Determinations Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
Primary source
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Published
June 7, 2024
Issuing agencies
State Department
Abstract
The Acting Under Secretary of State for Political Affairs, acting under authority delegated pursuant to an Executive order, has determined pursuant to section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (the Act), that the Government of the Russian Federation has used chemical weapons in violation of international law. In addition, the Acting Under Secretary of State for Political Affairs 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, licenses for the export of items on the U.S. Munitions List (USML), 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.
Full Text
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<title>Federal Register, Volume 89 Issue 111 (Friday, June 7, 2024)</title>
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[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48701-48702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12481]
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DEPARTMENT OF STATE
[Public Notice: 12423]
Determinations Regarding Use of Chemical Weapons by Russia Under
the Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991
ACTION: Notice.
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SUMMARY: The Acting Under Secretary of State for Political Affairs,
acting under authority delegated pursuant to an Executive order, has
determined pursuant to section 306(a) of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991 (the Act), that the
Government of the Russian Federation has used chemical weapons in
violation of international law. In addition, the Acting Under Secretary
of State for Political Affairs 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, licenses for the export of items on
the U.S. Munitions List (USML), 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: June 7, 2024.
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 (22 U.S.C. 5604(a), 5605(a), and 5605(d)), on
April 25, 2024 the Acting Under Secretary of State for Political
Affairs determined that the Government of the Russian Federation has
used chemical or biological weapons in violation of international law
or lethal chemical or biological 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 Acting Under Secretary of State for Political Affairs has
determined that
[[Page 48702]]
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 Acting Under Secretary of State for Political Affairs 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, provided that applications for such licenses shall be
reviewed on a case-by-case basis and consistent with export licensing
policy for Russia prior to the date of the determination. Licenses in
support of commercial space launches, shall be reviewed subject to a
policy of denial.
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
controlled for National Security reasons on the control list
established under 50 U.S.C. 4813(a)(1).
The 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 and replace it with the following
policies:
License Exceptions: Exports and re-exports of goods or technology
eligible under License Exceptions GOV, ENC, BAG, TMP, and AVS.
Safety Of Flight: Exports and re-exports of goods or technology
pursuant to new licenses necessary for the safety of flight of civil
fixed-wing passenger aviation, provided that applications for such
licenses shall be reviewed on a case-by-case basis, consistent with
export licensing policy for Russia prior to the date of the
determination.
Deemed Exports/Reexports: Exports and re-exports of goods or
technology pursuant to new licenses for deemed exports and re-exports
to Russian nationals, provided that applications for such licenses
shall be reviewed on a case-by-case basis, consistent with export
licensing policy for Russia prior to the date of the determination.
Wholly-Owned U.S. and Other Foreign Subsidiaries: Exports and re-
exports of goods or technology pursuant to new licenses for exports and
re-exports to wholly-owned U.S. and other foreign subsidiaries in
Russia, provided that applications for such licenses shall be reviewed
on a case-by-case basis, consistent with export licensing policy for
Russia prior to the date of the determination.
Government Space Cooperation: Exports and re-exports of goods or
technology pursuant to new licenses in support of government space
cooperation, provided that applications for such licenses shall be
reviewed on a case-by-case basis, consistent with export licensing
policy for Russia prior to the date of the determination.
Commercial Space Launches: Exports and re-exports of goods or
technology pursuant to new licenses in support of commercial space
launches, will be reviewed subject to a policy of denial.
Commercial End-Users: Exports and re-exports of goods or technology
pursuant to new licenses for commercial end-users for civil end-uses in
Russia unless they are wholly-owned U.S. or other foreign subsidiaries
in Russia, provided that applications for such licenses will be
reviewed on case-by-case basis and subject to a ``presumption of
denial'' policy.
The Department of Commerce has implemented additional restrictions
against Russia in response to its invasion of Ukraine. For the most
current information about these restrictions, please see the Export
Administration Regulations, e.g., 15 CFR parts 744 and 746. Also see
<a href="https://www.bis.gov">https://www.bis.gov</a>.
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,
Assistant Secretary, Bureau of International Security and
Nonproliferation, Department of State.
[FR Doc. 2024-12481 Filed 6-6-24; 8:45 am]
BILLING CODE 4710-27-P
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</html>Indexed from Federal Register on June 7, 2024.
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