Trump Sets 500% Tariff on Russian Goods and 100% on Russian Crude Importers… Enforcement Tied to Immediate Waivers

WASHINGTON
The White House released Executive Order “Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026”, signed by President Donald Trump, on October 17, 2026, at 9:34 a.m. The signing date was October 16, 2026. In this Executive Order, President Trump stipulated a 500% tariff rate increase on goods entered from the Russian Federation. A 100% tariff rate increase applies to goods from the top five countries that import the most Russian crude oil and natural gas. A 100% tariff rate increase also applies to goods from the top five countries that provide the greatest assistance in evading Russian oil sanctions. The crude oil and natural gas provision contains the date of October 18, 2026. In Section 4 of the same Executive Order, President Trump issued a waiver on the application of these tariffs and statutory sanctions.
1. Structure of the Executive Order
President Trump signed the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 on September 18, 2026. This law, codified under Title 22, Section 10802 et seq., is the Graham Act, i.e. the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026. According to Section 1 of the Executive Order, the Graham Act provides for sanctions and restrictions on foreign persons and individuals, as well as tariffs on goods entered into the United States from the Russian Federation and certain countries. Section 115 of the Graham Act grants waiver authority to the President. The President may grant a waiver from the application of sanction provisions, restrictions, and tariffs. To issue a waiver, a written certification that the waiver is in the national interest of the United States and a report containing its justification must be submitted to Congress. President Trump determined in Section 1 to exercise this waiver at this time. He has already submitted to Congress a certification that a waiver at this time is in the national interest of the United States.
The Executive Order consists of seven sections, from Section 1 to Section 7. Section 2 sets out the tariff rate increases. Section 3 directs the Office of the United States Trade Representative (USTR) to monitor the situation and report to the President. Section 4 provides a waiver from the application of tariffs, sanctions, and restrictions. Section 5 delegates the authority granted to the President under the law among the Secretary of State, the Secretary of the Treasury, the Secretary of Energy, and the Office of the United States Trade Representative (USTR). Section 6 provides that if any provision is held invalid, the remainder shall not be affected. Section 7 is a general provision stating that the Executive Order does not impair the existing statutory authority of executive departments and agencies.
The White House stated in an X post on September 19, 2026, that President Donald Trump had signed the “Lindsey O. Graham Sanctioning Russia and Iran Act of 2026”.
For Lindsey 🇺🇸
— The White House (@WhiteHouse) 2026년 9월 19일
President Trump signs the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, authorizing and expanding statutory sanctions, tariffs, and prohibitions on Russia, and extending existing sanctions on Iran. pic.twitter.com/d9uOCN8aU0
2. 500% Increase on Russian Goods and Method of Addition to Existing Tariffs
Section 2 subsection (a) of the Executive Order stipulates that the tariff rate on goods entered from the Russian Federation shall be increased by 500% on an ad valorem basis. Ad valorem is a method levied in proportion to the value of goods, and Section 2 subsection (a) of the Executive Order states 'shall be increased by 500 percent ad valorem'. The exception under Section 114 of the Graham Act applies to this increase. The waiver under Section 4 also applies to this increase. The waiver under Section 4 is based on the national interest certification submitted by President Trump to Congress. The exception and the waiver are contained together within the same provision stipulating the 500% increase.
Section 2 subsection (d) stipulates that the increase is added to existing burdens. This increase is in addition to other duties, fees, taxes, and charges applied to the goods. The Executive Order cites four examples. First are duties under Title VII of the Tariff Act of 1930, which addresses antidumping and countervailing duties. Duties under Section 122, Section 201, and Section 301 of the Trade Act of 1974 follow. Duties under Section 232 of the Trade Expansion Act of 1962 are also included. The new tariff rates do not replace existing tariff rates but are layered on top of them. The Executive Order sets only the tariff rates.
3. Top 5 Importers of Russian Crude Oil and Gas and the October 18 Date
Section 2 subsection (b) of the Executive Order targets the top five countries that import the largest amounts of Russian crude oil and natural gas. If one of the five countries makes a new purchase of Russian crude oil or natural gas after October 18, 2026, the tariff rate on goods entered from that country will be increased by 100% on an ad valorem basis. There are three requirements for the increase. The date must be after October 18, 2026, it must be a new purchase, and that country must make the purchase 'knowingly'. It is not a structure where it is automatically applied based on the date alone; all three requirements must be met for the 100% increase to apply.
The White House stated in an X post on October 11, 2026, that an energy ceasefire took effect immediately in the war between Russia and Ukraine.
Effective Immediately: An ENERGY CEASEFIRE in the War between Russia and Ukraine. pic.twitter.com/PukfiuHOdy
— The White House (@WhiteHouse) 2026년 10월 11일
The exception under Section 114 of the Graham Act and the waiver under Section 4 also apply to this provision. The implementing agency for this provision is the Office of the United States Trade Representative (USTR). The Office of the United States Trade Representative (USTR) consults with the Secretary of State, the Secretary of the Treasury, the Secretary of Energy, and other senior officials deemed appropriate by the Trade Representative. The Office of the United States Trade Representative (USTR) monitors the importation and purchase of Russian crude oil and natural gas by respective countries. The Office of the United States Trade Representative (USTR) regularly informs the President of such activities and recommends further action.
4. Top 5 Countries Assisting in Russian Oil Sanctions Evasion and USTR Reporting
Section 2 subsection (c) of the Executive Order targets the top five countries assisting in the evasion of Russian oil sanctions. The tariff rate on goods entered from those five countries is increased by 100% on an ad valorem basis. The definition of assisting sanctions evasion follows Section 113 subsection (i) of the Graham Act. The exception under Section 114 of the Graham Act and the waiver under Section 4 also apply to this provision. The date of October 18 is not in this provision. The date appears only in the crude oil and natural gas provision, while the sanctions evasion assistance provision is set without a date.
Under this provision as well, the Office of the United States Trade Representative (USTR) consults with the Secretary of State, the Secretary of the Treasury, the Secretary of Energy, and other senior officials deemed appropriate by the Trade Representative. The Office of the United States Trade Representative (USTR) monitors activities of respective countries assisting in the evasion of Russian oil sanctions. The Office of the United States Trade Representative (USTR) reports to the President which countries rank among the top five countries.
Section 3 establishes a broader scope of monitoring for the Office of the United States Trade Representative (USTR). The Office of the United States Trade Representative (USTR) monitors both the importation and purchase of Russian crude oil and natural gas, as well as situations in which respective countries assist in evading Russian sanctions. It regularly reports that status to the President. Any situation deemed to require further action is promptly reported to the President without delay. This reporting includes determinations regarding waivers.
5. Section 4 Waiver
Section 4 subsection (a) of the Executive Order waives the application of duties prescribed under Section 112 and Section 113 of the Graham Act, as well as under this Executive Order. Section 4 subsection (a) of the Executive Order states 'I hereby waive the application of any duties'. President Trump submitted to Congress a certification that this waiver is in the national interest of the United States, along with a report containing its justification.
Section 4 subsection (b) waives sanctions and restrictions on foreign persons and individuals under Section 102 subsection (d) of the Graham Act. The same subsection provides that sanctions and measures under existing Executive Orders concerning the national emergency continued on March 24, 2026—namely, regarding harmful foreign activities of the Government of the Russian Federation—are not affected by this Executive Order.
Section 4 subsection (c) waives sanctions and restrictions under Section 102 subsection (a) and subsection (e), Section 103 through Section 111, and Section 117 of the Graham Act. For this waiver as well, President Trump submitted a national interest certification and a justification report to Congress.
Section 4 subsection (d) sets forth the period during which the waiver continues. The waiver remains in effect until such time as the President or the Secretary of State determines that further action is appropriate. The Secretary of State makes this determination in consultation with the Secretary of the Treasury and the Office of the United States Trade Representative (USTR). Section 4 subsection (d) of the Executive Order states 'until such time as the President or the Secretary of State ... determine that further action is appropriate'.
The procedure proceeds in the following order: In Section 2, President Trump established tariff rates of 500% on Russian goods and 100% on the relevant five countries. In Section 4 of the same Executive Order, he waived the application of those tariffs and statutory sanctions. The Office of the United States Trade Representative (USTR) monitors purchase and assistance activities by respective countries and reports to the President. After receiving those reports, the President or the Secretary of State determines whether further action is appropriate.
6. Next Steps
The next steps are already set forth in the Executive Order. The Office of the United States Trade Representative (USTR), in consultation with the Secretary of State, the Secretary of the Treasury, and the Secretary of Energy, monitors purchase and sanctions evasion assistance activities by respective countries. It regularly reports the status to the President and alerts the President to situations deemed to require further action. It also reports to the President which countries constitute the top five countries assisting in sanctions evasion.
Section 5 delegates the authority granted to the President under the law among the Secretary of State, the Secretary of the Treasury, the Secretary of Energy, and the Office of the United States Trade Representative (USTR). The head of each agency may redelegate such authority within their respective agency to the extent permitted by law. All executive departments and agencies must take actions within their authority to implement this Executive Order.
While the President maintains the waiver, the application of the tariff rate increases under Section 2 remains waived. The next steps will be country-specific reports from the Office of the United States Trade Representative (USTR) and determinations regarding the waiver by the President or the Secretary of State.
Sources (KST)
- The White House · Executive Order “Implementing the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026”(Signed 2026-10-16, Posted 2026-10-17 09:34 KST) · https://www.whitehouse.gov/presidential-actions/2026/10/implementing-the-lindsey-o-graham-sanctioning-russia-and-iran-act-of-2026/
- X @WhiteHouse · https://x.com/WhiteHouse/status/2101332077257826508
- X @WhiteHouse · https://x.com/WhiteHouse/status/2109292159652553018