Determinations Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, 14804-14805 [2021-05527]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Notices]
[Pages 14804-14805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05527]



Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / 
Notices

[[Page 14804]]


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DEPARTMENT OF STATE

[Public Notice: 11374]


Determinations Regarding Use of Chemical Weapons by Russia Under 
the Chemical and Biological Weapons Control and Warfare Elimination Act 
of 1991

AGENCY: Bureau of International Security and Nonproliferation, 
Department of State.

ACTION: Notice of sanctions.

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SUMMARY: The Secretary of State, acting under authority delegated 
pursuant to Executive Order 12851, has determined pursuant to the 
Chemical and Biological Weapons Control and Warfare Elimination Act of 
1991, 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. In addition, 
the Secretary of State has determined and certified to Congress that it 
is essential to the national security interests of the United States to 
partially waive the application of the sanctions required under 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. This document is a notice of the 
sanctions to be imposed pursuant to the Act, subject to these waivers.

DATES: These sanctions are effective on March 18, 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 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 
March 1, 2021 the Secretary of State 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 Secretary of State has determined that 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 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 issuance of licenses 
in support of government space cooperation, provided that such licenses 
shall be issued on a case-by-case basis and consistent with export 
licensing policy for Russia prior to the date of the determination.
    The Secretary of State has further 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 commercial space launches, provided that prior to 
September 1 2021, such licenses shall be issued on a case-by-case basis 
and consistent with export licensing policy for Russia prior to the 
date of the determination, and provided further that after September 1, 
2021, such licenses shall be reviewed on a case-by-case basis, and 
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 on that 
part of 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 with respect to the following:
    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 the date of the determination.
    Deemed Exports/Reexports: Exports and re-exports 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 the date of the determination.
    Wholly[dash]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 the 
date of the determination.
    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 
the date of the determination.
    Commercial Space Launches: Exports and reexports of goods or 
technology pursuant to new licenses in support of commercial space 
launches, provided that prior to September 1, 2021, such licenses shall 
be issued on a case-by-case basis, consistent with export licensing 
policy for Russia prior to the date of the determination, and provided 
further that after September 1, 2021, such licenses in support of 
commercial space launches will be reviewed subject to a ``presumption 
of denial'' policy.
    Commercial End[dash]Users: Exports and reexports of goods or 
technology pursuant to new licenses for commercial end-users civil end-
uses in Russia, provided that such licenses will be 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.
    These measures shall be implemented by the responsible departments 
and agencies of the United States Government and will remain in place

[[Page 14805]]

for at least one year and until further notice.

Zachary A. Parker,
Director, Office of Directives Management, Department of State.

[FR Doc. 2021-05527 Filed 3-17-21; 8:45 am]
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