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The 2022 Russian Oil Import Ban Explained: Public Law 117-109 in Plain English

The Russian oil import ban that Congress wrote into law in 2022 is back at the center of a fight in Washington. Its official name is the Ending Importation of Russian Oil Act, it became Public Law 117-109 on April 8, 2022, and lawmakers in both parties now argue that Treasury’s October 9 license for Russian diesel runs against it.

Where it stands: On October 12, Texas Democrat Lloyd Doggett, who says his name was on the 2022 law, issued a release listing the steps it sets for lifting the ban and concluded: “None of these steps has occurred, and none of the conditions has been met.” Ship & Bunker reported that the act is still in effect, with Treasury’s new license regarded as a temporary executive waiver.

This guide covers the law alone: where it came from, how each chamber voted, what it bans and what it demands before any president can end the ban. How those rules apply to the diesel license is a separate argument, set out in our analysis of whether the deal is legal.

Before the statute: Biden’s executive order

The ban began as a presidential order, not a law. President Biden signed Executive Order 14066 on March 8, 2022, in response to Russia’s invasion of Ukraine. It prohibited importing Russian “crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products.” It also barred new U.S. investment in Russia’s energy sector.

An executive order can be changed by the next president or relaxed by the agency that enforces it. EO 14066 says so in its own terms: the prohibitions hold except where statutes, regulations, orders, directives or “licenses that may be issued pursuant to this order” provide otherwise. Section 5 of the order hands the Treasury Secretary the power to carry it out, which is why exceptions arrive as Treasury licenses. Congress’s move a month later put the ban into statute.

How the Russian oil import ban passed Congress

The measure started in the House as H.R. 6968, then titled the Suspending Energy Imports from Russia Act. It was renamed by the time it became law. The House clerk’s and Senate’s own records show three votes.

Date (2022) Vote Result
March 9 House passage, roll call 70 414 yes, 17 no
April 7 Senate passage as amended, vote 132 100 yes, 0 no
April 7 House agrees to Senate changes, roll call 125 413 yes, 9 no
April 8 Signed by President Biden Public Law 117-109

Party splits were lopsided in favor. On the first House vote, Democrats voted 220 to 2 and Republicans 194 to 15. On the final House vote, taken under a suspension of the rules that needed a two-thirds majority, Democrats voted 219 to 2 and Republicans 194 to 7. In the Senate, the tally was 100 to 0.

The two House tallies are easy to mix up. When Doggett writes that the act passed the House 413-9, he is citing the April 7 vote to accept the Senate’s version. The original passage a month earlier was 414-17.

What the law bans

The operative ban is one sentence in Section 2. It covers “all products of the Russian Federation classified under chapter 27 of the Harmonized Tariff Schedule.” The text does not list products by name. Doggett’s office, defending the law this month, states that chapter 27 includes diesel.

The same sentence ties the ban to the executive order. Imports are barred “in a manner consistent with any implementation actions issued under Executive Order 14066.” In practice that links the statute to Treasury’s enforcement machinery under the order.

The United States has bought no Russian oil or gas since that year, the AP reported, citing federal energy data. Europe followed with its own measure: the EU and the UK have barred Russian refined products since February 5, 2023, Ship & Bunker reported.

The only exit: a presidential certification

Section 3 gives the president one way out. He “is authorized to terminate the prohibition” by submitting a written certification to Congress. The certification must contain his determination that Russia meets three conditions at once:

  • It “has reached an agreement to withdraw Russian forces and for the cessation of military hostilities that is accepted by the free and independent government of Ukraine.”
  • It “poses no immediate military threat of aggression to any North Atlantic Treaty Organization member.”
  • It “recognizes the right of the people of Ukraine to independently and freely choose their own government.”

The statute names no other off-ramp. Its three sections cover a short title, the ban and the termination process, and none of them mentions a Treasury license. Later legislation left it standing: writing about the Graham sanctions act Trump signed in September, the law firm Baker Botts observed that “the Act does not eliminate existing prohibitions on the importation of certain Russian energy products.”

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Steps, deadlines and the 90-day clock

A certification cannot simply be filed. The law sets a sequence.

Step What Section 3 requires
Consult House Ways and Means and Foreign Affairs; Senate Finance and Foreign Relations
Report Explain the basis for the president’s determination to all four committees
Timing Both done no later than 45 days before certifying
Certify Written finding on all three conditions
Wait Ban ends 90 days after the certification is submitted
Block Congress may enact a joint resolution of disapproval inside that window

Because the statute says the resolution must be enacted into law, a simple vote of disapproval is not enough. Like any bill, it would go to the president for signature, and a president who disagreed could veto it.

The fast-track vote Congress built in

Congress gave itself an expedited path for that disapproval vote. In the House, the majority or minority leader may introduce the resolution, and a committee that sits on it for 10 legislative days is discharged automatically. Floor debate is capped at two hours. In the Senate, the resolution goes to the Finance Committee, which is discharged if it has not acted within 10 session days. A motion to take it up cannot be debated, and debate on the resolution itself is limited to 10 hours, divided between the two party leaders.

Every one of those procedures starts with a certification. Former Rep. Tom Malinowski argued on social media that Democratic leaders can use the law to force an expedited vote on the diesel purchases. Whether that works without a certification on file is an open question, weighed in our look at Congress’s options for stopping the diesel purchases. Doggett’s release says no certification, consultation or report has occurred.

Treasury’s diesel permit, which Ship & Bunker identified as General License 135, is set to expire on April 7, 2027; what it authorizes is covered in our explainer of the deal.

Frequently Asked Questions

What is the 2022 Russian oil import ban?

Its formal name is the Ending Importation of Russian Oil Act; it was signed on April 8, 2022 and numbered Public Law 117-109. It bans every Russian product classified under chapter 27 of the U.S. Harmonized Tariff Schedule, a category Rep. Lloyd Doggett of Texas says includes diesel.

How did Congress vote on the Russian oil import ban?

The House first passed it 414-17 in March 2022. On April 7 the Senate passed an amended version 100-0, and the House accepted the Senate changes 413-9 the same day.

Can a president lift the Russian oil import ban?

Only through a written certification finding three things: a troop-withdrawal and ceasefire agreement that Ukraine accepts, no immediate military threat from Russia to NATO allies, and Russian recognition of the freedom of Ukrainians to pick their leaders. Four committees must be consulted and given a report at least 45 days beforehand, and the ban lapses 90 days after certification unless a disapproval resolution becomes law first.

Is the 2022 Russian oil ban still in effect?

Yes. Ship and Bunker reported on October 9 that the act remains in effect, with the new diesel license regarded as a temporary executive waiver. Lawmakers in both parties dispute that the license is compatible with the law.

What is the difference between the law and Executive Order 14066?

EO 14066, signed by President Biden on March 8, 2022, banned Russian oil, fuel, gas and coal imports by executive action and lets Treasury issue licenses. The statute, passed a month later, wrote the ban into law and limits how it can be ended.

Sources


This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.

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