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Graham Act Waiver: What Trump Switched Off, and What the Law Says About LNG

President Trump signed Executive Order 14436 on Oct. 16, waiving nearly every Russia-related sanction and tariff in the Lindsey O. Graham Sanctioning Russia and Iran Act before any of it could take effect. The Graham Act waiver landed two days ahead of the law’s Oct. 18 trigger date and about a month after Trump signed the bill. It drew criticism from senators in both parties and from Ukraine’s president, and praise from Moscow’s investment envoy.

Where it stands: Ten days on, the waivers were still in force on Oct. 26. Under the order, they hold until Trump or his top diplomat, after consulting Treasury and the trade office, “determine that further action is appropriate.” Secretary of State Marco Rubio has described a review period, telling reporters Trump wants 60 days “to analyze their impact on the U.S. and global economy given the pressure on global energy supplies.” No reinstatement had been reported in the coverage reviewed.

One week after the waiver, the Financial Times and New York Times published reports on Polar LNG, an Alaska gas venture whose former chief executive, Joel Riddle, says Russia’s Novatek was financing it. Those are allegations, and they are disputed. Polar LNG called Riddle a “disgruntled former employee” and said its work is “in full compliance with applicable US laws”; the Abu Dhabi parent, Tech Wave, denies that the Russian group holds any equity in it; Novatek said it signed a memorandum in April and that “requisite approvals will need to be obtained from US and Russian authorities.” According to the Times, nothing indicates that Steve Witkoff or Jared Kushner, Trump’s envoys, were aware of the venture’s Novatek connection. No U.S. authority has found any violation. The full account is in our Polar LNG report explainer.

What the Graham Act waiver turned off

The law gives the President broad room to set it aside. Under Section 115, quoted in the order itself, he may waive “any sanctions provision with respect to a foreign person, any restriction with respect to a person, and any duty” in the statute, as long as he first sends Congress a written national-interest certification and a report explaining it. The order says both were submitted. Neither document had been made public in the coverage reviewed, and CBS noted the order itself gave no reasons for the decision.

The order is built in two steps. It first carries out the law on paper, setting the duty on Russian goods to be “increased by 500 percent ad valorem,” and then switches those increases off in the next section. The sanctions waiver lists sections “102(a), 102(e), 103, 104, 105, 106, 107, 108, 109, 110, 111, and 117.”

Graham Act section What it required Status after Oct. 16
102(a), 102(e) Review and sanction listed Russian officials, oligarchs, energy figures and shadow-fleet vessels Waived
103 Sanctions on Russia’s central bank and banks dealing with Sberbank, VTB, Gazprombank Waived
108 Ban on new U.S. investment in Russia’s energy sector and U.S. energy exports there Waived
112 Duty of up to 500 percent on Russian goods Waived
113 Duties of up to 100 percent on top buyers of Russian oil and gas Waived
117 Termination rules tied to a peace deal Ukraine accepts Waived
Earlier executive orders Russia sanctions already imposed by executive order Unchanged

ABC News summarized the effect this way: the order “waives every operative section of the law pertaining to Russia.” The order also states that “nothing in this order affects any sanctions or other measures” imposed under earlier executive orders on Russia, so sanctions already imposed under those orders stay in place. ABC added that the law’s Russia provisions are scheduled to run until 2031 unless ended sooner. A dated list of the year’s other easing steps is in our 2026 waiver timeline, and the countdown that preceded this order is covered in our Oct. 18 deadline report.

Does the law mention Novatek or LNG?

It does not use the word Novatek. A search of the enrolled bill text published by the Government Publishing Office finds no mention of the company. What the statute does name are specific Russian liquefied natural gas projects. Section 102 lists, among people to be reviewed for sanctions, anyone who is “a leader, official, senior executive officer, or member of the board of directors of, or principal shareholder with a controlling or majority interest in” any of these:

  • “The Yamal Liquefied Natural Gas Project or a successor project.”
  • “The Arctic 1, 2, and 3 Liquefied Natural Gas Projects or a successor project.”
  • “Projects in the Arctic region carried out after the date of the enactment of this Act.”

Reuters reported in 2025 that Arctic LNG 2 is majority-owned by Novatek, which is why coverage has linked the law to the company. Raw Story, summarizing the Times, wrote that the legislation “specifically targets Novatek”; the bill text reaches Novatek’s projects and their controlling shareholders rather than naming the firm. Section 108 separately barred “any new investment in the energy sector of the Russian Federation by a United States person.” Both sections are on the waived list. Whether Novatek’s own existing U.S. restrictions apply to a deal like Polar LNG’s is a separate question, covered in our Novatek sanctions explainer.

How the White House defended it

White House spokeswoman Taylor Rogers argued that applying the penalties now “would impede ongoing U.S. efforts to negotiate a durable and comprehensive peace agreement between Ukraine and Russia.” Trump followed on Truth Social. “My decision on Russia is a very simple one,” he wrote. “I am in the process of negotiating Peace in the war between Russia and Ukraine, and don’t want to do anything that will drive, foolishly, Russia away from the bargaining table.”

Energy Secretary Chris Wright, according to Newsweek, said on CNN that Trump had “just suspended the enforcement of them for now,” and called the separate diesel arrangement a “carrot” for Moscow. CBS noted the waiver arrived a week after the diesel easing, explained in our earlier coverage. Those are the administration’s stated reasons; the report to Congress that would give the formal basis had not been released in the coverage reviewed.

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Who objected, and who cheered

Republican Sen. Thom Tillis of North Carolina wrote, “Beyond irresponsible,” and asked: “What part of enforcing a law passed 86-11 by the Senate does the President and his advisors not understand?” Sen. John Cornyn of Texas wrote: “Lindsey would be appalled.” Senate Democratic leader Chuck Schumer said: “Trump just gave Putin the best birthday gift he’ll get this year.” Sen. Richard Blumenthal of Connecticut, who helped draft the bill, said Trump “stands on the side of a bloodthirsty thug.”

House Speaker Mike Johnson stopped short of opposing the order but told Fox he had urged the White House to “carefully consider the unintended consequences that may ensue from that,” Newsweek reported. Rep. Thomas Massie of Kentucky, who voted against the bill, welcomed the move: “Glad to see Trump has used the executive authority granted to him by Congress to waive almost all of the provisions of this stupid law that pertain to Russia.”

Abroad, Ukrainian President Volodymyr Zelenskyy called it an “American sanctions blackout” in a Telegram post, per NBC, and had warned reporters in Brussels the day the order was signed: “Sanctions will be lifted after gas.” Kirill Dmitriev, Putin’s investment envoy, wrote on X that the suspension “marks an important and truly historic moment.” Alaska’s Republican Sen. Dan Sullivan told Fox News he did not agree with the waiver, NBC reported, while praising Trump’s support for Alaska energy; his position is covered in our Sullivan report.

What could bring the sanctions back

Because the waivers are open-ended, reinstating them requires no new law. Under the order’s own terms, Trump or Rubio can decide that “further action is appropriate” at any time, and Rogers said the President “retains the ability” to use the authorities. Congress could also legislate again, though no such bill had advanced as of Oct. 26 in the coverage reviewed. Rubio’s review window, counted from the order’s date, would run past the Nov. 3 midterm elections.

Frequently Asked Questions

What did the Graham Act waiver do?

Executive Order 14436, signed October 16, 2026, waived the Graham Act duties on Russian goods and on top buyers of Russian oil and gas, and waived sanctions sections 102(a), 102(e) and 103 through 111 and 117. Sanctions imposed by earlier executive orders were left in place.

Does the Graham Act name Novatek?

No. The enrolled bill text does not mention Novatek. It names the Yamal LNG project, the Arctic 1, 2 and 3 LNG projects, and new Arctic projects, and targets their leaders and controlling shareholders. Reuters has reported that Novatek holds a majority of Arctic LNG 2.

How long does the Graham Act waiver last?

The order keeps the waivers in place with no end date, until Trump or Rubio, after consulting Treasury and the trade office, decides more action is needed. Rubio has spoken of a 60-day review of economic effects.

Is the waiver connected to the Polar LNG reports?

No source has shown a link. The FT and NYT reports on Polar LNG appeared a week after the waiver. A White House official told the FT that a proposal involving Novatek had only been broadly and briefly mentioned. Polar LNG and Novatek deny wrongdoing, and no U.S. authority has found a violation.

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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