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Novatek Sanctions Explained: What U.S. Law Bars, and What It Doesn’t

A former chief executive of the Alaska gas startup Polar Train LNG said in interviews that ran in the FT and the NYT on October 23 and 24 that Russia’s Novatek was financing and steering the venture before any U.S. Treasury approval. That allegation has sent readers looking for a plain answer to a legal question: what do Novatek sanctions actually prohibit, and what do they leave open?

Where it stands: Through October 26, regulators had announced no finding of wrongdoing against Polar LNG, Novatek or anyone tied to them. Polar LNG has said it is seeking a license from OFAC, the Treasury unit that administers sanctions, according to its statement as carried by a Bloomberg wire report.

The companies dispute the account. Polar LNG called the former CEO, Joel Riddle, a “disgruntled former employee” whom it fired for cause, and said its “Development activities are being pursued in full compliance with applicable US laws,” according to the FT’s reporting. Novatek said it signed a memorandum of understanding in April, that “requisite approvals will need to be obtained from US and Russian authorities,” and rejected any link between its participation and sanctions relief. Polar LNG’s Emirati parent, Tech Wave, said the Russian company holds no stake in it. The NYT reported no indication that envoys Steve Witkoff or Jared Kushner knew of Polar LNG’s Novatek ties.

Riddle’s allegation is set out in our main report on the Polar Train LNG dispute. This piece covers only the legal framework, using Treasury and State Department records.

Two Different Regimes: Novatek Sanctions vs. Arctic LNG 2

It is easy to assume that Novatek and its flagship Arctic project face the same rules. They do not. Business Standard, summarizing the FT, put it directly: Novatek “has been subject to certain US financing restrictions,” while the Arctic LNG 2 operator “faces blocking sanctions.”

Entity U.S. measure What it bars
Novatek (listed as OAO Novatek) Sectoral list, Directive 2 under E.O. 13662 (2014) U.S. persons dealing in new Novatek debt longer than 60 days
Novatek subsidiaries on the list Same Directive 2 status Same long-term debt limit
LLC Arctic LNG 2 Blocked, SDN list, E.O. 14024 (November 2023) Nearly all dealings by U.S. persons absent a license

What Directive 2 Actually Restricts

When the State Department designated Arctic LNG 2’s operator, its release noted that “Novatek was added to OFAC’s Sectoral Sanctions Identifications List pursuant to Directive 2 of E.O. 13662.” That is a 2014 measure from the period after Russia’s annexation of Crimea.

Directive 2 is narrow. OFAC’s guidance says that for debt issued since November 28, 2017, a covered energy company’s borrowing must mature in 60 days or less for a U.S. person to finance or trade it. Treasury defines debt broadly, covering “bonds, loans, extensions of credit, loan guarantees, letters of credit” and similar paper, according to OFAC FAQ 371.

Just as important is what the directive does not do. OFAC FAQ 370 states that Directives 1 and 2 “do not require U.S. persons to block the property or interests in property” of listed companies, and that those companies are not automatically placed on the Specially Designated Nationals list. The directive reaches U.S. persons wherever they are and transactions inside the United States.

OFAC’s current non-SDN consolidated list still shows the parent as “OAO NOVATEK” under the Ukraine-related program, subject to Directive 2, along with a string of subsidiaries marked as linked to it. The entry also carries a secondary sanctions risk notation citing two sections of Treasury’s Ukraine-/Russia-related regulations.

Why Arctic LNG 2 Is a Different Case

On November 2, 2023, the State Department said it was designating “a major entity involved in the development, operation, and ownership of” the Arctic LNG 2 project, naming Limited Liability Company Arctic LNG 2 as the operator. The legal hook was notable: State used a provision of E.O. 14024 for companies operating in Russia’s metals and mining sector.

That designation is a full block. The same release explains that U.S. persons may not engage in transactions involving a blocked party’s property or interests unless OFAC authorizes it by general or specific license, or an exemption applies. The bar expressly covers providing, or receiving, funds, goods or services. OFAC’s SDN list carries the company with a note pointing to secondary sanctions risk under Section 11 of E.O. 14024.

Ownership Runs One Way Under the 50 Percent Rule

Treasury’s 50 Percent Rule treats a company as blocked when blocked persons own half or more of it. It does not work in reverse. Novatek owns a majority of Arctic LNG 2, as partner Mitsui’s 2019 release shows, but a blocked subsidiary does not make its parent blocked.

Control is handled separately. OFAC says the rule “speaks only to ownership and not to control,” so an entity merely controlled by blocked persons is not automatically blocked, though OFAC can designate it, according to its 50 Percent Rule guidance. The same guidance warns that U.S. persons generally cannot sign contracts executed by a blocked individual even on behalf of an unblocked company.

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Those distinctions are why Business Standard’s FT summary concluded that “not every commercial transaction involving Novatek is automatically prohibited.” Whether a particular deal is allowed turns on what is being bought, from whom, and whether any blocked party has an interest in it.

Where an OFAC License Comes In

Under 31 CFR 501.801, a transaction that a sanctions program prohibits and that no general license covers can go ahead only under a specific license. Polar LNG’s statement said it had applied for one “to purchase an unfinished gravity-based structure” from Novatek. The FT, as summarized by Business Standard, described the request differently: approval to negotiate with Novatek, which had not been granted.

None of the coverage reviewed says which prohibition the application addresses, and Treasury has not commented on it. The application process and penalty ranges are covered in our explainer on the OFAC license request.

What Has and Has Not Been Established

Citing text messages, the NYT described, in Raw Story’s summary, exchanges in which Novatek’s top executives discussed moving as much as $15 million to the Abu Dhabi parent. The paper added that memos from the law firm Baker Botts, which Riddle appended when he quit, recorded that Treasury’s enforcement staff had raised “potential Russia-related sanctions concerns.” Riddle told the NYT the arrangement was unlawful. Those are his claims and the newspaper’s reporting, not a government conclusion.

Treasury’s public response, given to the FT, was: “While we do not comment on allegations of sanctions violations, we take potential violations extremely seriously.” No enforcement action, penalty notice or charge had been reported as of October 26.

Congress has also targeted the company. Raw Story, summarizing the NYT, reported that recent sanctions legislation “specifically targets Novatek,” but that President Trump temporarily waived that law’s Russia provisions the week before the reports. Our Graham Act waiver report covers what was set aside.

Frequently Asked Questions

Is Novatek fully sanctioned by the United States?

No. Novatek is on the Treasury sectoral sanctions list under Directive 2 of Executive Order 13662, which restricts U.S. persons from dealing in its new debt longer than 60 days. It is not on the SDN blocking list. Its Arctic LNG 2 operating company is blocked.

Is it illegal for an American company to do business with Novatek?

Not automatically. Directive 2 targets long-term debt and financing. Transactions involving a blocked party such as Arctic LNG 2, or property in which a blocked party has an interest, are prohibited without an OFAC license. Whether a specific deal is allowed depends on its terms.

When was Arctic LNG 2 sanctioned?

The State Department designated LLC Arctic LNG 2, the project operator, on November 2, 2023, under Executive Order 14024. The designation blocks its property in U.S. jurisdiction and bars most dealings by U.S. persons.

Has any authority found that Polar LNG or Novatek violated sanctions?

No such finding had been reported as of October 26. Polar LNG says it complies with U.S. law, Novatek denies secret control, and Treasury has declined to address the specific claims.

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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