Trump Order Sets 500% Russia Duty Under the Graham Act, Then Waives It Along With the Act’s Other Duties and Sanctions
ANALYSIS · October 16, 2026
Slug: implementing-lindsey-o-graham-sanctioning-russia-iran
Package note: This executive order, signed October 16, 2026, implements the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 (22 U.S.C. 10802 et seq.), which the President signed on September 18, 2026. Section 2 sets new duty rates. Section 4 waives every duty under the Act’s sections 112 and 113 “or this order,” along with most of the Act’s sanctions. Russia sanctions imposed under earlier executive orders stay in place.
Primary sources
- White House, “Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026” (October 16, 2026): https://www.whitehouse.gov/presidential-actions/2026/10/implementing-the-lindsey-o-graham-sanctioning-russia-and-iran-act-of-2026/
Section 2 of the order raises the duty on goods from Russia “by 500 percent ad valorem.” It also sets 100 percent duty increases on goods from the five largest importers of Russian oil and gas (for new purchases on or after October 18, 2026) and from the top five facilitators of Russian oil sanctions evasion. Section 4(a) then 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) waive the Act’s sanctions and restrictions under sections 102(a), 102(d), 102(e), 103 through 111, and 117. The President says he has certified to Congress that the waivers are in the national interest, as section 115 of the Act requires.
Core Tension
The order writes the Graham Act’s tariff and sanctions regime into effect on paper, then switches it off. Because Section 4(a) covers duties under “this order,” the Section 2 increases are waived too. Under this order, no new Graham Act duty is being collected and none of the waived sanctions apply. What still binds is everything that existed before: sanctions under the earlier Russia executive orders “as in effect on the day before the date of enactment of the Graham Act.” The waivers last “until such time as the President or the Secretary of State” decides “further action is appropriate.” The order sets no date, trigger or reporting deadline for that decision. Its only ongoing machinery is Trade Representative monitoring (Sec. 3).
What the executive order does
| Section | Text / effect |
|---|---|
| Sec. 1 | Cites the Act (signed Sept. 18, 2026) and the section 115 waiver authority; says a national-interest certification was submitted to Congress |
| Sec. 2(a) | Duty on Russian goods increased “by 500 percent ad valorem,” subject to section 114 exceptions and the Sec. 4 waivers |
| Sec. 2(b)–(c) | +100% on the top 5 importers of Russian oil and gas (new purchases on or after Oct. 18, 2026) and on the top 5 sanctions-evasion facilitators, also subject to the Sec. 4 waivers |
| Sec. 3 | The Trade Representative monitors Russian energy purchases and evasion and informs the President “including with respect to the waivers” |
| Sec. 4(a) | Waives “any duties provided for in sections 112 and 113 of the Graham Act or this order” |
| Sec. 4(b)–(c) | Waives sanctions and restrictions under sections 102(a), 102(d), 102(e), 103–111 and 117; earlier Russia executive orders unaffected |
| Sec. 4(d) | Waivers stay in effect until the President or Secretary of State determines “further action is appropriate” |
| Sec. 5 | Delegates the Act’s authorities to State, Treasury, the Trade Representative and Energy |
Claims check
| Claim | Assessment | Receipt |
|---|---|---|
| The order imposes a 500% duty on Russian goods | Set, then waived | Sec. 2(a) and Sec. 4(a) (“or this order”) |
| 100% secondary duties on top Russian-oil buyers take effect Oct. 18 | Waived | Sec. 2(b) is subject to Sec. 4(a) |
| Most Graham Act sanctions are waived | Verified | Sec. 4(b)–(c) |
| Earlier Russia sanctions remain | Verified | Sec. 4(b) |
| Congress was notified | Stated | Certification and report, per Sec. 1 and Sec. 4 |
How coverage splits
Not reviewed for this analysis.
Context / what to watch
- Lifting the waivers: Any decision by the President or Secretary of State under Sec. 4(d) that “further action is appropriate.” No date is set.
- Congress: The certification and report sent under section 115, and any reaction from the Act’s sponsors.
- Monitoring: Trade Representative reports on Russian energy buyers and evasion facilitators.
Publish-ready ANALYSIS · Kelvic drafter, corrected by KVOp against the executive order text · 2026-10-17 · for /analysis/implementing-lindsey-o-graham-sanctioning-russia-iran