Updated December 4, 2018
Russia, the Skripal Poisoning, and U.S. Sanctions
On August 6, 2018, Secretary of State Michael Pompeo
Kingdom relating to the identity” of the Novichok agent
determined that in March 2018 the government of Russia
and noted that it “was of high purity.”
had used a chemical weapon in the United Kingdom in
contravention of international law. When such a
In September 2018, British authorities charged two
determination is made, U.S. law requires the President to
individuals for the attack. British Prime Minister May said
impose economic and diplomatic measures that initially cut
the suspects “are officers from the Russian military
off foreign aid, arms sales, and export licenses for
intelligence service, also known as the GRU.”
controlled goods, services, and technology, and ratchet up
in intensity if certain conditions are not met within 90 days.
The CBW Control and Warfare Elimination Act
Secretary Pompeo’s finding that a foreign government has
The United States also currently imposes sanctions against
used a chemical agent as a weapon triggered the Chemical
Russia for other reasons. See CRS In Focus IF10779, U.S.
and Biological Weapons Control and Warfare Elimination
Sanctions on Russia: An Overview, and CRS Report
Act of 1991 (CBW Act; title III, P.L. 102-182; 22 U.S.C.
R45415, U.S. Sanctions on Russia.
5601 et seq.).
The Poisoning of Sergei and Yulia Skripal
The CBW Act requires the President (who, in 1993,
On March 4, 2018, in Salisbury, United Kingdom, British
delegated CBW Act authorities to the Secretary of State) to
citizen Sergei Skripal, a former Russian military
intelligence officer and UK double agent, his daughter, and
terminate foreign assistance other than that which
a police officer were exposed to a highly toxic and
addresses urgent humanitarian situations or provides
potentially lethal chemical weapon agent. In July 2018,
food, agricultural commodities, or agricultural products;
British media reported that another British citizen died after
terminate arms sales;
she and her partner allegedly came into contact with a bottle
terminate export licenses for U.S. Munitions List
containing the nerve agent. The development of this
(USML) items;
advanced nerve agent, known as a Novichok, is attributed
to the Soviet-era military.
terminate foreign military financing;
deny credit, credit guarantees, or other financial
On March 15, 2018, President Trump and the leaders of the
assistance from the U.S. government, including Export-
UK, France, and Germany issued a joint statement
Import Bank programs; and
condemning the chemical attack, calling it “the first
deny export licenses for goods controlled for national
offensive use of a nerve agent in Europe since the Second
security reasons (the Commodity Control List, or CCL).
World War” and its use by a state party “a clear violation of
[CBW Act, Section 307(a); 22 U.S.C. 5605(a)]
the Chemical Weapons Convention [CWC] and a breach of
international law.”
The CBW Act requires the imposition “forthwith” of these
sanctions on determining that a chemical weapon has been
On March 26, 2018, British Prime Minister Theresa May
used.
stated that “this unlawful use of force by the Russian state
… is a clear violation” of the CWC and “a breach of the
Second Round of Sanctions Within Three Months
UN Charter.” On April 12, 2018, the Trump Administration
Within three months after the initial determination (in this
said it agreed “with the UK assessment that Russia is
case, early November 2018), the CBW Act also requires the
responsible for the attack on UK soil using a chemical
President to take further economic and diplomatic punitive
weapon—either through deliberate use or through its failure
steps unless he can determine and certify to Congress that
to declare and secure its stocks of this nerve agent.”
Russia
The UK, the United States, and at least 26 other countries
“is no longer using chemical or biological weapons in
expelled over 150 Russian diplomats in response to the
violation of international law or using lethal chemical or
nerve agent attack. The British government expelled 23
biological weapons against its own nationals,”
diplomats. The Trump Administration expelled 60 officials
“has provided reliable assurances that it will not in the
it said were intelligence operatives and closed the Russian
future engage in any such activities, and”
consulate in Seattle.
“is willing to allow on-site inspections by United
Nations observers or other internationally recognized,
In April 2018, the Organization for the Prohibition of
Chemical Weapons “confirm[ed] the findings of the United
impartial observers, or other reliable means exist, to
ensure that that government is not using chemical or
biological weapons in violation of international law and
https://crsreports.congress.gov
Russia, the Skripal Poisoning, and U.S. Sanctions
is not using lethal chemical or biological weapons
As of November 2018, the Secretary of State had not levied
against its own nationals….” [CBW Act, §307(b)(1); 22
a new round of sanctions, nor had the President determined
U.S.C. 5605(b)(1)]
that Russia meets the three conditions needed to avert
sanctions. On November 6, 2018, the State Department
If the President does not certify on all these terms, he, in
informed Congress that it “could not certify that Russia met
consultation with Congress, is required to
the required conditions” and intends “to proceed in
accordance with the terms of the CBW Act, which directs
oppose support to Russia in the international financial
the implementation of additional sanctions.”
institutions;
prohibit U.S. banks from making loans or providing
CBW-related sanctions remain in place for at least a year.
credit other than that related to the purchase of food or
They may be removed only after the President determines
other agricultural commodities or products;
and certifies to Congress that the three conditions stated
above have been met and that Russia is making restitution
prohibit exports to Russia of all other goods and
to those affected by the use of the chemical weapon.
technology, except food and other agricultural
commodities and products;
Contract Sanctity
restrict importation into the United States of articles that
Sanctions restricting U.S. exports, government financial
are of Russia-origin growth, product, or manufacture;
assistance, or credit programs do not apply to existing
downgrade or suspend diplomatic relations; and
contracts unless the President decides, on a case-by-case
set in motion the suspension of foreign air carriers
basis, that the execution of such a contract would assist the
owned or controlled by Russia “to engage in foreign air
foreign government in using CBW in violation of
transportation to or from the United States.” [§
international law or against its own people.
307(b)(2); 22 U.S.C. 5605(b)(2)]
Existing contracts relating to foreign assistance, arms sales,
A second round of sanctions could have a negative impact
or arms sales financing, on the other hand, are subject to
sanctions, unless the President “determines that the
on the Russian economy, though it is impossible to predict
to what extent, given both the possibility of waivers and
application of such sanction would be detrimental to the
national security interests of the United States.” [S
how the executive branch might interpret the requirements
ec.
of the CBW Act. In addition, the advance notice provided
307(e)(2); 22 U.S.C. 5605(e)(2)]
by the act that another round of sanctions is pending gives
Background on the CBW Act and Earlier
both U.S. and Russian entities engaged in bilateral trade
Determinations
and investment time to plan. For more on U.S. exposure to
Russia’s economy, see CRS Report R43895, U.S. Sanctions
In early 1991, the George H.W. Bush Administration
and Russia’s Economy
declared that “
.
[t]he proliferation of weapons of mass
destruction may profoundly challenge our national security
Lifting or Waiving CBW-Related Sanctions
in the 1990s.” Since the Geneva Protocol of 1925, a
landmark international effort to deter the use of chemical
The CBW Act authorizes the President to waive sanctions if
and biological weapons, the United States has sought to
he finds it essential to U.S. national security interests to do
strengthen international regimes to curtail the proliferation
so and notifies Congress at least 15 days in advance. The
of chemical, biological, and nuclear weapons and missile
President also may waive sanctions if he finds “that there
technology through multilateral negotiations, treaties,
has been a fundamental change in the leadership and
cooperative export control groups, and legislation. The
policies of the government of that country, and if the
CBW Act, including its amendments to laws related to U.S.
President notifies the Congress at least 20 days before the
exports and arms sales, was a part of this mix.
waiver takes effect.”
The CBW Act has been invoked on two previous occasions.
On August 27, 2018, Assistant Secretary of State for
On August 2, 2013, the State Department determined that
International Security and Nonproliferation Christopher
the government of Syria had used chemical weapons but
Ford, in announcing the first round of sanctions, invoked
invoked national security waiver authority, stating that the
the national security waiver authority to allow for the
decision to apply or waive sanctions “will be made on a
continuation of
case-by-case basis.”
foreign assistance;
On February 22, 2018, the Secretary of State determined
exports related to government space cooperation and
that the government of North Korea was responsible for the
commercial space launches; and
lethal 2017 nerve agent attack on Kim Jong Nam, the half-
export licensing for national security-sensitive goods
brother of North Korean leader Kim Jong-un, in Malaysia.
and technology in specific categories related to civil
Sanctions that were largely redundant with restrictions
aviation safety, deemed exports or reexports on a case-
already in place went into effect on March 5, 2018.
by-case basis, wholly owned U.S. subsidiaries operating
in Russia, and commercial end-users for commercial
Dianne E. Rennack, Specialist in Foreign Policy
purposes.
Legislation
Cory Welt, Analyst in European Affairs
https://crsreports.congress.gov
Russia, the Skripal Poisoning, and U.S. Sanctions
IF10962
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10962 · VERSION 5 · UPDATED