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Trump Administration Expels Russian Diplomats and Imposes Russia-Related Sanctions

Published online by Cambridge University Press:  29 August 2018

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During the spring of 2018, the Trump administration expelled sixty Russian intelligence officers and diplomats and also imposed sanctions against various Russian individuals and companies. These actions responded to a range of actions attributed to Russia, including a poisoning on U.K. soil, its efforts to destabilize Ukraine, its support of the Assad regime in Syria, and various cyber activities.

Type
General International and U.S. Foreign Relations Law
Copyright
Copyright © 2018 by The American Society of International Law 

During the spring of 2018, the Trump administration expelled sixty Russian intelligence officers and diplomats and also imposed sanctions against various Russian individuals and companies.Footnote 1 These actions responded to a range of actions attributed to Russia, including a poisoning on U.K. soil, its efforts to destabilize Ukraine, its support of the Assad regime in Syria, and various cyber activities.

On March 4, 2018, a military-grade nerve agent was used against a former Russian double agent, now a British citizen, and his daughter in the U.K. city of Salisbury.Footnote 2 British Prime Minister Theresa May attributed this act to Russia, calling it an “unlawful use of force by the Russian state against the United Kingdom.”Footnote 3 The United States joined Britain, France, and various other countries in condemning Russia's actions.Footnote 4 On March 26, 2018, the Trump administration ordered the expulsion of twelve Russian intelligence officers and forty-eight other Russian officials, as well as the closure of the Russian consulate in Seattle.Footnote 5 The White House press secretary Sarah Huckabee Sanders stated, “The United States takes this action in conjunction with our NATO allies and partners around the world in response to Russia's use of a military-grade chemical weapon on the soil of the United Kingdom, the latest in its ongoing pattern of destabilizing activities around the world.”Footnote 6

In response, Russia denied responsibility for the use of the nerve agent, expelled sixty American diplomats and a number of diplomats from other countries, and ordered the closure of the U.S. consulate in St. Petersburg.Footnote 7 Sanders denounced this response:

Russia's action today to expel American diplomats marks a further deterioration in the United States-Russia relationship. The expulsion of undeclared Russian intelligence officers by the United States and more than two dozen partner nations and NATO allies earlier this week was an appropriate response to the Russian attack on the soil of the United Kingdom. Russia's response was not unanticipated, and the United States will deal with it.Footnote 8

Separately, on April 6, 2018, the U.S. Department of the Treasury imposed sanctions on seven Russian oligarchs and several of the companies they own or control, seventeen Russian government officials, and a Russian weapons trading company and its subsidiary.Footnote 9 These sanctions were implemented pursuant to Executive Orders 13661 and 13662, “Blocking Property of Additional Persons Contributing to the Situation in Ukraine,” orders codified and amended by §§ 222 and 223 of the Countering America's Adversaries Through Sanctions Act (CAATSA).Footnote 10 The sanctions freeze any assets under U.S. jurisdiction of the designated individuals and entities and prohibit U.S. individuals and entities from dealing with them.Footnote 11 Some of these individuals had been previously included on a list of oligarchs issued in January by the Department of Treasury pursuant to an obligation imposed by CAATSA.Footnote 12

In announcing the sanctions, Secretary of the Treasury Steven Mnuchin explained:

“The Russian government operates for the disproportionate benefit of oligarchs and government elites. … The Russian government engages in a range of malign activity around the globe, including continuing to occupy Crimea and instigate violence in eastern Ukraine, supplying the Assad regime with material and weaponry as they bomb their own civilians, attempting to subvert Western democracies, and malicious cyber activities. Russian oligarchs and elites who profit from this corrupt system will no longer be insulated from the consequences of their government's destabilizing activities.”Footnote 13

The expulsion and sanctions have been accompanied by some mixed messages from the Trump administration regarding its approach to Russia. In March, President Trump congratulated President Putin on his reelection,Footnote 14 prompting Senator John McCain to respond that “[a]n American president does not lead the Free World by congratulating dictators on winning sham elections.”Footnote 15 In April, U.S. Ambassador to the United Nations Nikki Haley announced that additional sanctions would be imposed against Russian companies that helped facilitate Syria's use of chemical weapons.Footnote 16 Although the Trump administration had condemned Russia's role in relation to Syria's use of chemical weapons,Footnote 17 it backed away from Haley's announcement.Footnote 18 More generally, shadowing the Trump administration's relationship with Russia are concerns about Russian interference in the 2016 presidential election, in addition to ongoing investigations and litigation regarding any connections between the Trump campaign and Russia.Footnote 19

References

1 U.S. Dep't of State Press Release, Holding Russia Accountable for Its Destabilizing Behavior (Mar. 26, 2018), at https://www.state.gov/r/pa/prs/ps/2018/03/279552.htm [https://perma.cc/2LQF-ZY6R] [hereinafter Mar. 26 State Press Release]; U.S. Dep't of Treasury Press Release, Treasury Designates Russian Oligarchs, Officials, and Entities in Response to Worldwide Malign Activity (Apr. 6, 2018), at https://home.treasury.gov/news/featured-stories/treasury-designates-russian-oligarchs-officials-and-entities-in-response-to [https://perma.cc/42Q7-ZG2B] [hereinafter Apr. 6 Treasury Press Release]. For an account of prior responses by the administration to Russian behavior, including other sanctions imposed earlier in the spring, see Galbraith, Jean, Contemporary Practice of the United States, 113 AJIL 296 (2018)Google Scholar.

2 Guy Faulconbridge & Michael Holden, Explainer: The Poisoning of Former Russian Double Agent Sergei Skripal, Reuters (Mar. 13, 2018), at https://www.reuters.com/article/us-britain-russia-explainer/explainer-the-poisoning-of-former-russian-double-agent-sergei-skripal-idUSKCN1GP2CH.

3 Prime Minster Theresa May, Statement to the House of Commons Following the Salisbury Incident (Mar. 14, 2018), at https://www.gov.uk/government/speeches/pm-commons-statement-on-salisbury-incident-response-14-march-2018; see also Ashley Deeks, Prime Minister May's Use-of-Force Claim: Clarifying the Law That Governs the U.K's Options, Lawfare (Mar. 13, 2018), https://lawfareblog.com/prime-minister-mays-use-force-claim-clarifying-law-governs-uks-options (discussing the international legal implications of this determination).

4 Katie Rogers & Eileen Sullivan, Trump and Western Allies Expel Scores of Russians in Sweeping Rebuke Over U.K. Poisoning, N.Y. Times (Mar. 26, 2018), at https://www.nytimes.com/2018/03/26/world/europe/trump-russia-diplomats-expulsion.html.

5 Mar. 26 State Press Release, supra note 1.

6 White House Press Release, Statement from the Press Secretary on the Expulsion of Russian Intelligence Officers (Mar. 26, 2018), at https://www.whitehouse.gov/briefings-statements/statement-press-secretary-expulsion-russian-intelligence-officers [https://perma.cc/8VPQ-5YHU].

7 UN Security Council Press Release, Full Investigation Must Swiftly Identify, Apprehend Perpetrators, Security Council Hears During Heated Discussion on Salisbury Chemical Attack, UN Press Release SC/13279 (Apr. 5, 2018), at https://www.un.org/press/en/2018/sc13279.doc.htm [https://perma.cc/5ZZ8-6NPF]; Andrew Higgins, Expelling Diplomats, a Furious Kremlin Escalates a Crisis, N.Y. Times (Mar. 29, 2018), at https://www.nytimes.com/2018/03/29/world/europe/russia-expels-diplomats.html.

8 White House Press Release, Statement from the Press Secretary Regarding Russia's Expulsion of American Diplomats (Mar. 29, 2018), at https://www.whitehouse.gov/briefings-statements/statement-press-secretary-regarding-russias-expulsion-american-diplomats [https://perma.cc/Z5LK-NGAF].

9 Apr. 6 Treasury Press Release, supra note 1. The Department of the Treasury's press release did not specifically reference the Salisbury poisoning in announcing the sanctions. See id.

10 Id. (also referencing Executive Order 13582 as an authority); see also Countering America's Adversaries Through Sanctions Act, Pub. L. No. 115-44, §§ 222, 223, 131 Stat. 886, 906-08 (2017).

11 Apr. 6 Treasury Press Release, supra note 1 (further providing a wind-down period).

12 Id.; see also Galbraith, supra note 1, at 301–03 (describing this list and the CAATSA provision giving rise to it).

13 Apr. 6 Treasury Press Release, supra note 1.

14 White House Press Release, Readout of President Donald J. Trump's Call With President Vladimir Putin of Russia (Mar. 20, 2018), at https://www.whitehouse.gov/briefings-statements/readout-president-donald-j-trumps-call-president-vladimir-putin-russia-3 [https://perma.cc/SDV3-PSYA].

15 Office of Senator John McCain Press Release, Statement by SASC Chairman John McCain on President Trump Congratulating Vladimir Putin (Mar. 20, 2018), at https://www.mccain.senate.gov/public/index.cfm/press-releases?ID=61F7FD60-671F-4364-8297-1AB43F099405.

16 Transcript: U.N. Ambassador Nikki Haley on “Face the Nation,” April 15, 2018, CBS News (Apr. 15, 2018), at https://www.cbsnews.com/news/transcript-u-n-ambassador-nikki-haley-on-face-the-nation-april-15-2018.

17 White House Press Release, United States Government Assessment of the Assad Regime's Chemical Weapons Use (Apr. 13, 2018), at https://www.whitehouse.gov/briefings-statements/united-states-government-assessment-assad-regimes-chemical-weapons-use [https://perma.cc/553G-RJDC]. Trump, in subsequent tweets, declared Putin and Russia responsible and promised there would be a “[b]ig price” to pay. See Donald J. Trump (@realDonaldTrump), Twitter (Apr. 8, 2018, 6:00 AM), at https://twitter.com/realDonaldTrump/status/982966315467116544; Donald J. Trump (@realDonaldTrump), Twitter (Apr. 8, 2018, 6:04 AM), at https://twitter.com/realDonaldTrump/status/982967389028569088.

18 Peter Baker, Julie Davis & Maggie Haberman, Sanctions Flap Erupts Into Open Conflict Between Haley and White House, N.Y. Times (Apr. 17, 2018), at https://www.nytimes.com/2018/04/17/world/europe/trump-nikki-haley-russia-sanctions.html (describing a back-and-forth in which a White House official characterized Haley as experiencing “momentary confusion” with respect to her announcement of additional sanctions and Haley responded that “I don't get confused”).

19 U.S. Special Counsel Robert S. Mueller was appointed in May 2017 to investigate possible Russian interference and links to the Trump campaign. Rod J. Rosenstein, Acting Attorney General, Order. No. 3915-2017 re Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters (May 17, 2017), available at https://www.justice.gov/opa/press-release/file/967231/download [https://perma.cc/6M9E-T4ZV]. On February 16, 2018, thirteen Russian nationals and three companies were indicted. Indictment, United States v. Internet Research Agency LLC, No. 1:18-cr-00032-DLF, 2018 WL 914777 (D.D.C. filed Feb. 16, 2018), available at https://assets.documentcloud.org/documents/4380504/The-Special-Counsel-s-Indictment-of-the-Internet.pdf [https://perma.cc/V6J6-GH7M]. On April 20, 2018, the Democratic National Committee (DNC) filed a lawsuit against, among other persons and entities, the Russian government and the Trump campaign, alleging, among other things, that the campaign conspired with Russia in relation to hacked DNC emails. Complaint, Democratic Nat'l Comm. v. Russ. Fed'n, No. 1-18-cv-03501, 2018 WL 1885868 (S.D.N.Y. filed Apr. 20, 2018).