US Executive Order Sets Graham Act Duties on Russia, Then Waives Them

What changed

Executive Order 14436 of 16 October 2026, published in the Federal Register on 21 October 2026, implements the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026. It states: "The rate of duty on goods from the Russian Federation shall be increased by 500 percent ad valorem." It also provides that duty on goods from "the largest 5 importers of crude oil and natural gas that originated in the Russian Federation shall be increased by 100 percent ad valorem if the country knowingly makes new purchases" on or after 18 October 2026, and a 100 percent increase for "the top 5 facilitators of Russian oil sanctions evasion".

The waiver

Section 4 of the same order states: "I hereby waive the application of any duties provided for in sections 112 and 113 of the Graham Act or this order." The waivers stay in effect until the President or the Secretary of State determines "that further action is appropriate." The US Trade Representative (USTR) is directed to monitor purchases of Russian-origin oil and gas, and to report to the President on which countries are among the top 5 facilitators.

Who it affects

US importers of Russian-origin goods, and exporters in countries that buy Russian crude oil or natural gas. The order does not name any country as a top-5 importer or facilitator.

What exporters and importers should do

• Note that, while the section 4 waiver stands, the duty increases set by this order are not applied.
• Track USTR reports and any notice lifting the waiver, as the order allows the duties to be switched on later.
• Section 4 also waives several Graham Act sanctions provisions. The order states that nothing in it affects sanctions under existing executive orders on the Russia national emergency, as in effect before the Act was enacted.

Source: Executive Order 14436, Federal Register FR Doc. 2026-21599 (21 Oct 2026).