Determinations Regarding Use of Chemical Weapons by Russia Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, 48701-48702 [2024-12481]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Notices]
[Pages 48701-48702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
https://www.bis.gov.
    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]
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