Trump Allows 4.8
mm Tonnes of Diesel Import from Russia in Violation
of US Law, Move will Ease Prices
[ABS News Service/12.10.2026]
President Trump
announced an agreement with Vladimir Putin on Friday to release up to 4.8
million tonnes of Russian diesel to US and global
markets, reversing pressure on Moscow’s energy revenues just three weeks after
signing legislation intended to strengthen it and possibly violating US
sanctions laws.
The agreement
comes as the administration seeks to lower fuel prices before November’s midterm
elections.
Mr. Trump said
Russia would supply more than 300,000 tonnes
immediately, another 500,000 tonnes in November and
one million tonnes thereafter. A further three
million tonnes would depend on the condition of
Russia’s refineries.
The announcement
presents the fuel as relief for consumers while reopening a source of revenue that
Congress and European governments have sought to restrict during Russia’s war
against Ukraine.
Likely Illegal
Sen. Thom Tillis
®-NC) said yesterday that the President’s deal with Russia is likely illegal.
“I do believe there's a legitimate case for saying the president's not
following the law,” he said in an interview on NBC’s Meet the Press.
Senate Democratic
Leader Chuck Schumer (NY) called the President’s action a “failure to follow
the law and the bipartisan will of Congress that only weeks ago passed
legislation aimed at cutting off revenue for Russia’s war machine and curbing
purchases of Russian oil and gas.”
But Treasury
Secretary Scott Bessent insisted on Fox News that the President has the
authority to make the deal and critics are wrong.
Treasury’s Office
of Foreign Assets Control issued General License 135 on Friday, authorizing transactions
involving the sale, delivery, offloading and importation of Russian diesel,
expressly including imports into the United States, until April 7, 2027. The
authorization covers transactions otherwise prohibited under two U.S. sanctions
regulations.
Conflict with
Sanctions
The action
creates a direct policy conflict with the Lindsey O. Graham Sanctioning Russia
and Iran Act of 2026, signed September 18.
That conflict
does not, by itself, establish a violation of the Graham Act. Section 114(h)
preserves Treasury’s authority to extend or issue general licenses. Section 115
also permits presidential waivers, subject to a written national-interest
certification and an explanatory report to Congress.
By contrast,
section 117 conditions termination of sanctions against Russia on a Ukrainian-approved
peace agreement and an end to hostilities, with congressional review. The
statute therefore distinguishes temporary relief from termination of sanctions.
A separate
Biden-era statute raises a more specific question about imports into the United
States. The Ending Importation of Russian Oil Act, enacted April 8, 2022, bans
Russian products classified under chapter 27 of the Harmonized Tariff Schedule,
which includes petroleum fuels. The prohibition is statutory, rather than
solely an executive-branch restriction.
Under section 3,
ending that ban requires a presidential certification that Russia has reached
an agreement, accepted by Ukraine’s free and independent government, to
withdraw its forces and cease hostilities; poses no immediate military threat
to a NATO member; and recognizes Ukrainians’ right to choose their government.
The law also requires advance congressional consultation and a 90-day review period
before termination takes effect.
The
Administration’s published license does not explain how its authorization of US
diesel imports satisfies that separate statute. Although the 2022 law refers to
implementation under Executive Order 14066, the relationship between that
provision and this broad temporary authorization requires an explanation. The
license establishes Treasury’s position; it does not resolve whether the agency
can authorize these imports without following Congress’s statutory termination
procedure.
For Congress, the
immediate issue is whether the Administration has used discretion lawmakers preserved
to undermine the policy they enacted – and, separately, what legal authority
permits Russian diesel to enter the United States while the 2022 statutory ban
remains in place.