On October 16, 2026, President Trump issued an Executive Order, “Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026.” The Order implements the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 (22 U.S.C. 10802 et seq.) (Graham Act), which the President signed into law on September 18, 2026. It sets out the increased rates of duty provided for in the Graham Act and, in the same instrument, waives them under section 115 of the Act. As a result, no new Graham Act duties currently apply to imports.
Duties set out in the Order
Section 2 of the Order provides for the following increases in the rate of duty, each subject to the exceptions in section 114 of the Graham Act and to the waivers in section 4 of the Order:
- Goods of Russia. An increase of 500 percent ad valorem.
- Largest buyers of Russian energy. An increase of 100 percent ad valorem on goods from the largest 5 importers of crude oil and natural gas originating in Russia, if the country knowingly makes new purchases of Russian-origin crude oil or natural gas on or after October 18, 2026.
- Sanctions-evasion facilitators. An increase of 100 percent ad valorem on goods from the top 5 facilitators of Russian oil sanctions evasion, as defined in section 113(i) of the Graham Act.
The Order states that these increases would apply in addition to any other duty, including antidumping and countervailing duties and duties under Sections 122, 201 and 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962. The Order does not identify the countries that would fall within the energy-buyer or sanctions-evasion categories.
Waiver
Section 4(a) waives “the application of any duties provided for in sections 112 and 113 of the Graham Act or this order.” Sections 4(b) and 4(c) also waive a range of the Act’s sanctions provisions and restrictions. The President states that he has submitted to Congress the national-interest certification and report that section 115(b) requires. The waivers remain in effect until the President or the Secretary of State, in consultation with the Secretary of the Treasury and the Office of the U.S. Trade Representative (USTR), as appropriate, “determine[s] that further action is appropriate.” The Order sets no expiration date.
The Order also confirms that existing Russia sanctions under the national emergency continued on March 24, 2026 (91 Fed. Reg. 15515) are unaffected.
Monitoring and delegations
- USTR monitoring. USTR, in consultation with the Secretaries of State, the Treasury and Energy, must monitor purchases of Russian-origin crude oil and natural gas and the facilitation of sanctions evasion. USTR must report regularly to the President and promptly flag any circumstance that may warrant further action, “including with respect to the waivers.”
- Authority over the duties. The Order delegates the Act’s duty provisions (sections 112 and 113) and the termination of any duty under section 117(a) to USTR. It delegates authority over the section 115 waiver to the Secretary of State, in consultation with the Treasury and USTR, as appropriate.
Because the Secretary of State may determine that further action is appropriate, the duties could be reactivated without a new statute. The Order does not describe any notice or transition period that would precede reactivation.
Immediate Considerations
In practical terms, no change to entry filing is required at this time. Importers should nonetheless take three steps. First, identify imports of Russian origin and imports from countries that are significant purchasers of Russian crude oil or natural gas, since those flows would be exposed if the waiver is lifted. Second, monitor USTR reporting and any action by the Secretary of State affecting the waivers. Third, account for the Order’s stacking language in any scenario planning, because reactivated duties would apply on top of other duties.
Please contact us should you wish to discuss how the Graham Act duties could affect your supply chain.