July 12, 2021
Russia: The Navalny Poisoning, Chemical Weapons Use, and
U.S. Sanctions
On March 2, 2021, U.S. Secretary of State Antony Blinken
In early 2021, on his return to Russia from Germany,
determined that in August 2020 the Russian government
Navalny was arrested, ostensibly for having missed parole
used a chemical weapon in an attack on opposition figure
check-ins related to his suspended sentence, including
and anticorruption activist Alexei Navalny in violation of
during his hospitalization abroad. Navalny was sentenced to
international law and against one of its own nationals. This
serve 32 months of his suspended sentence and transferred
finding triggered requirements under the Chemical and
to a penal colony. In June 2021, authorities ordered the
Biological Weapons Control and Warfare Elimination Act
closure of Navalny’s Anti-Corruption Foundation, calling it
of 1991 (CBW Act; title III, P.L. 102-182; 22 U.S.C. 5601
an “extremist” organization.
et seq.). The Biden Administration imposed an initial round
of sanctions, as required by the CBW Act.
On March 2, 2021, the Biden Administration determined
that Russian government agents were responsible for the
The CBW Act requires the President to impose economic
attack on Navalny. The Department of State called the
and diplomatic measures that could cut off foreign aid, arms
attack an “attempted assassination,” and the White House
sales, and export licenses for controlled goods, services,
stated that the intelligence community assessed with “high
and technology, and ratchet up in intensity if certain
confidence” that FSB officers were responsible for the
conditions are not met within 90 days.
Novichok attack. Russian authorities deny involvement in
the attack or possession of chemical weapons.
The March 2021 determination is the second time the
United States has determined that Russia has used a
The CBW Control and Warfare
chemical weapon and imposed sanctions under the CBW
Elimination Act
Act. The Trump Administration leveled two rounds of
CBW Act sanctions in August 2018 and August 2019 in
First Round of Sanctions
response to a March 2018 attack against British citizen
The finding that Russia had used a chemical weapon
Sergei Skripal and his daughter in the United Kingdom
triggered requirements for policy actions specified in the
using an advanced nerve agent known as a Novichok. The
CBW Act. When such a finding is made, the CBW Act first
United States also imposes sanctions against Russia for
requires the President (delegating authority to the Secretary
other reasons. For more, see CRS In Focus IF10962,
of State) to
Russia, the Skripal Poisoning, and U.S. Sanctions; CRS In
terminate foreign assistance other than that which
Focus IF10779, U.S. Sanctions on Russia: An Overview;
addresses urgent humanitarian situations or provides
and CRS Report R45415, U.S. Sanctions on Russia.
food, agricultural commodities, or agricultural products;
The Poisoning of Alexei Navalny
terminate arms sales;
In 2020, Russian authorities appeared to intensify a
terminate export licenses for U.S. Munitions List
campaign to silence Navalny, a prominent opposition figure
(USML) items;
and one-time Moscow mayoral candidate. Navalny had
terminate foreign military financing;
been barred from competing in elections since 2013, after
receiving a suspended sentence on what observers widely
deny credit, credit guarantees, or other financial
considered to be trumped up charges of embezzlement.
assistance from the U.S. government, including Export-
Nevertheless, Navalny and his Anti-Corruption Foundation
Import Bank programs; and
remained active in exposing government corruption and
deny export licenses for goods or technology controlled
organizing antigovernment actions.
for national security reasons (Commodity Control List).
[CBW Act, §307(a); 22 U.S.C. 5605(a)]
In August 2020, Navalny fell ill on a flight to Moscow.
The CBW Act requires the imposition “forthwith” of these
After public outcry, authorities allowed him to be evacuated
sanctions on determining that a chemical weapon has been
to Germany for medical care. German officials later cited
“
used. The CBW Act authorizes the President to waive
unequivocal” evidence Navalny had been poisoned with a
sanctions if he finds it essential to U.S. national security
Novichok nerve agent, a chemical weapon developed by the
interests or if he finds that the violating government has
Soviet Union and presumably accessible only to Russian
undergone fundamental changes in leadership or policies.
state authorities. Other official international investigations
reached similar conclusions. One independent investigation
On March 2, 2021, Secretary Blinken announced the
implicated several individuals linked to Russia’s Federal
imposition of this first round of sanctions, effective on
Security Service (FSB) in the attack.
March 18, but invoked national security waiver authority
https://crsreports.congress.gov
Russia: The Navalny Poisoning, Chemical Weapons Use, and U.S. Sanctions
(as did the Trump Administration after the 2018 Skripal
oppose loans or financial or technical assistance to
attack) to allow for the continuation of
Russia by international financial institutions (IFIs);
foreign assistance;
prohibit U.S. banks from making loans or providing
credit to the Russian government, except for the
exports related to space cooperation and, until
purchase of food, or other agricultural products;
September 1, 2021, commercial space launches; and
prohibit exports to Russia of all other goods and
export licensing for national security-sensitive goods
technology, except food and other agricultural products;
and technology in specific categories, including exports
related to civil aviation safety, deemed exports or
restrict importation into the United States of articles that
reexports, and wholly owned U.S. and other foreign
are of Russia-origin growth, product, or manufacture;
subsidiaries operating in Russia.
downgrade or suspend diplomatic relations; and
In addition, Secretary Blinken invoked authorities granted
set in motion the suspension of foreign air carriers
his office related to weapons of mass destruction (WMD)
owned or controlled by Russia “to engage in foreign air
proliferation to impose sanctions on the FSB, GRU
transportation to or from the United States.”
(Russia’s military intelligence agency), two GRU officers,
[§307(b)(2); 22 U.S.C. 5605(b)(2)]
and three research institutes for use of a chemical weapon
CBW-related sanctions remain in place for at least a year
in either the 2020 attack or the 2018 attack against Skripal
and may be removed only after the President determines
(the FSB, GRU, and the GRU officers were already subject
and certifies to Congress that the three conditions stated
to similar sanctions). Secretary Blinken also added Russia
above have been met and that Russia is making restitution
to the International Trafficking in Arms Regulations
to those affected by the use of the chemical weapon.
(ITAR). The ITAR decision could indicate that restrictions
on export licensing could remain in place beyond the 12
In response to the Skripal attack, the Trump Administration
months required by the CBW Act.
imposed a second round of sanctions in August 2019, one
year after it imposed the first round of sanctions. The
Simultaneously, the Treasury Department invoked
measures included opposing IFI loans or assistance to
authorities related to Russia’s invasion of Ukraine and
Russia; prohibiting U.S. banks from “lending non-ruble
WMD proliferation to impose sanctions on five Russian
denominated funds to the Russian sovereign” and
government officials, including the FSB director and two
participating “in the primary market for non-ruble
deputy ministers of defense, as well as on Russia’s
denominated bonds issued by the Russian sovereign”; and a
prosecutor general and federal prisons director for
“presumption of denial” policy for export licenses for goods
Navalny’s subsequent arrest and imprisonment.
controlled for their dual-use chemical and biological
applications. U.S. banks are not prohibited from
The March 2021 sanctions were imposed in coordination
participating in the secondary market for Russian sovereign
with the European Union (EU), which imposed an earlier
debt, and prohibitions do not apply to transactions with
round of sanctions in October 2020. Secretary Blinken said
Russian state-owned enterprises.
the United States, together with the EU and others, sought
“to send a clear signal that Russia’s use of chemical
To date, the Biden Administration has not announced a
weapons and abuse of human rights have severe
second round of sanctions under the CBW Act or certified
consequences.”
that Russia has come into compliance with international
norms. Under separate authorities, however, the
Second Round of Sanctions
Administration has expanded the prohibition against U.S.
Within three months after the initial determination (in this
financial institutions’ participating in the primary market
case, by early June 2021), the CBW Act requires the
for Russian sovereign bonds or lending to the Russian
President to take additional punitive steps unless he
government to include non-ruble-denominated funds.
determines and certifies to Congress that Russia
“is no longer using chemical or biological weapons in
Other CBW Determinations
violation of international law or using lethal chemical or
The CBW Act has been invoked on two other occasions.
biological weapons against its own nationals,”
On August 2, 2013, the State Department determined that
the government of Syria had used chemical weapons but for
“has provided reliable assurances that it will not in the
national security reasons sanctions decisions would be
future engage in any such activities,” and
applied on a case-by-case basis.
“is willing to allow on-site inspections by United
Nations observers or other internationally recognized,
On February 22, 2018, the Secretary of State determined
impartial observers, or other reliable means exist, to
that the government of North Korea was responsible for the
ensure that that government is not using chemical or
lethal 2017 nerve agent attack on Kim Jong Nam, the half-
biological weapons in violation of international law and
brother of North Korean leader Kim Jong-un, in Malaysia.
is not using lethal chemical or biological weapons
Sanctions that were largely redundant with restrictions
against its own nationals….” [CBW Act, §307(b)(1); 22
already in place went into effect on March 5, 2018.
U.S.C. 5605(b)(1)]
If the President cannot certify on all these terms, he is
Dianne E. Rennack, Specialist in Foreign Policy
required to execute, in consultation with Congress, at least
Legislation
three additional measures among the following:
Cory Welt, Specialist in Russian and European Affairs
https://crsreports.congress.gov
Russia: The Navalny Poisoning, Chemical Weapons Use, and U.S. Sanctions
IF11872
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 permissio n of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF11872 · VERSION 1 · NEW