Graham Act national-interest waiver
Section 115 of the Graham Act, letting the President waive its sanctions and duties.
Donald Trump invoked the waiver on 16 October 2026, two days before the Graham Act's trigger date, suspending duties of up to 500% on Russian goods and most of the Act's sanctions with no condition on Moscow.
Last refreshed: 18 October 2026
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Timeline for Graham Act national-interest waiver
Trump waives Graham Act's Russia tariffs
Russia-Ukraine War 2026Background
Section 115 of the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 lets the President waive any sanction, restriction or duty under the Act. He must first certify to Congress that the waiver serves The National interest and report the basis for it; section 115(b) governs that certification and report.
The Act became law on 18 September 2026 as Public Law 119-111. Trump used the waiver within a month, through his executive order of 16 October 2026, and it lasts until either the President or the Secretary of State chooses to end it.
Because Congress wrote the waiver into the statute, using it on 16 October 2026 needed no new vote. The Iran and Libya Sanctions Act carried a similar clause, which let the Clinton administration spare three foreign oil companies in 1998.
The waiver keeps tariffs on the shelf
Section 4 of Trump's 16 October 2026 order relies on section 115(a) to waive the duties the same order sets: 500% on Russian goods and 100% on the largest buyers of Russian crude and gas. The certification and report that section 115(b) demands went to Congress.
The waiver names no Ceasefire, no talks and no other Russian condition. It has no end date short of a decision by the President or the Secretary of State, so the duties can be switched on without a new vote. While it stands, China and India, the largest buyers of Russian crude, face no Graham Act tariff. It arrived a week after the US Treasury licensed Russian diesel, including imports into the United States.
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Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 18 October 2026. Editorial standards.