Countering America’s Adversaries Through Sanctions Act

Countering America’s Adversaries Through Sanctions Act
Great Seal of the United States
Introduced in 115th United States Congress
Introduced on July 24, 2017
Sponsored by Edward Royce
Citations
Public Law 115–44
Legislative history
  • Introduced in the House as H.R. 3364 by Edward Royce on July 24, 2017
  • Passed the House on July 25, 2017 (419–3)
  • Passed the Senate on July 27, 2017 (98–2)
  • Signed into law by President Donald Trump on August 2, 2017

The Countering America’s Adversaries Through Sanctions Act (H.R. 3364, Pub.L. 115–44), is a United States federal law that imposed sanctions on Iran, North Korea, and Russia. The bill was passed during the 115th Congress, 98–2 in the Senate.[1] On August 2, 2017, President Donald Trump signed it into law while issuing two statements simultaneously that he believed the legislation was significantly flawed.[2]

Introduction and passage in Congress

On 15 June 2017, the Senate voted 98 to 2 for the bill (an amendment to the underlying Iran sanctions bill), which was rooted in a bill introduced in January that year by a bipartisan group of senators over Russia′s continued involvement in the wars in Ukraine and Syria and its alleged interference in the 2016 election; with regard to Russia, the bill was designed to expand the punitive measures previously imposed by executive orders and convert them into law.[3][4] An identical bill was introduced by Democrats in the U.S. House of Representatives on 12 July; although the bill′s text was unchanged from what had passed the Senate on 15 June, it was billed as House legislation to avoid a procedural hurdles.[5] The bill, after being revised to address some of the Donald Trump administration′s concerns, passed in the house 419 to 3 on 25 July.[6] On 27 July, the bill was passed overwhelmingly by the Senate.[7]

Provisions

Countering Iran's Destabilizing Activities Act of 2017
Countering Russian Influence in Europe and Eurasia Act of 2017
Korean Interdiction and Modernization of Sanctions Act

Reactions

President of the United States

On the day President Donald Trump signed the bill into law, he issued two separate, simultaneous statements.[2] In the statement meant for Congress[9] he said: ″While I favor tough measures to punish and deter aggressive and destabilizing behavior by Iran, North Korea, and Russia, this legislation is significantly flawed. In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions″ — such as restrictions on executive branch′s authority that limited its flexibility in foreign policy.[10][11] Among other things, the statement noted that the legislation ran foul of the Zivotofsky v. Kerry ruling of the Supreme Court. The president appeared to indicate that he might choose not to enforce certain provisions of the legislation[9]: ″My Administration will give careful and respectful consideration to the preferences expressed by the Congress in these various provisions and will implement them in a manner consistent with the President's constitutional authority to conduct foreign relations.″[10] It also said: ″Finally, my Administration particularly expects the Congress to refrain from using this flawed bill to hinder our important work with European allies to resolve the conflict in Ukraine, and from using it to hinder our efforts to address any unintended consequences it may have for American businesses, our friends, or our allies.″[10]

The other statement by Donald Trump noted: ″[T]he bill remains seriously flawed – particularly because it encroaches on the executive branch’s authority to negotiate. Congress could not even negotiate a healthcare bill after seven years of talking. By limiting the Executive’s flexibility, this bill makes it harder for the United States to strike good deals for the American people, and will drive China, Russia, and North Korea much closer together.[12]″

Iran

On August 2, 2017, Iranian Deputy Foreign Minister Abbas Araqchi stated in an interview with state TV that, "In our view the nuclear deal has been violated and we will show an appropriate and proportional reaction to this issue,".[13]

North Korea

North Korean foreign ministry officials said that "US bid for imposing sanctions on different countries around the world is entirely outrageous leverage to meet its own interests"[14] and that " "sanctions bill" against the DPRK, Russia and Iran which recently passed the US Congress is prompting a growing international backlash", citing reactions by Russia, China, Venezuela, Germany, Austria and France.[15]

Russia

After the bill passed the Senate, on 28 July 2017, Russia′s foreign ministry announced measures that were cast as a response to the bill passed by Congress, but also referenced the specific measures imposed against the Russian diplomatic mission in the U.S. by the Barack Obama administration at the end of 2016.[16] Russia demanded that the U.S. reduce its diplomatic and technical personnel in the Moscow embassy and its consulates in St Petersburg, Ekaterinburg and Vladivostok to 455 persons — the same as the number of Russian diplomats posted in the U.S. — by September 1; Russia’s government would also suspend the use of a retreat compound and a storage facility in Moscow used by the US by August 1.[17][18] Shortly after, Russian president Vladimir Putin said that the decision had been taken by him personally and that 755 employees of the U.S. diplomatic mission must ″terminate their activity in the Russian Federation″.[19][20][17]

After the bill was signed, the Russian Foreign Ministry attributed the sanctions to “Russophobic hysteria” and reserved the right to take action if it decided to.[9] Russian prime minister Dmitry Medvedev wrote on August 2 that the law had ended hope for improving U.S.–Russia relations and meant "an all-out trade war with Russia." His message also said, "The American establishment has won an overwhelming victory over Trump. The president wasn't happy with the new sanctions, but he had to sign the bill."[21][22]

EU and EU member states

In mid-June 2017, Germany and Austria issued a joint statement that said the proposed bill heralded a “new and very negative quality in European-American relations” and that certain provisions affecting gas pipeline projects with Russia were an illegal threat to EU energy security.[23][24]

At the end of July 2017, the proposed law′s Russia sanctions caused harsh criticism and threats of retaliatory measures on the part of the European Union President Jean-Claude Juncker.[25] Germany’s minister for Economics and Energy Brigitte Zypries described the sanctions as illegal under international law and urged the European Union to take appropriate counter-measures.[26]

See also

References

  1. ↑ Roll Call Vote 115th Congress - 1st Session. Vote Number: 175
  2. 1 2 Facing veto override on Russia sanctions, Trump's signing statement raises constitutional issues USA TODAY, August 2, 2017
  3. ↑ Senate overwhelmingly passes new Russia and Iran sanctions WP, 15 June 2017.
  4. ↑ Senate GOP, Dems agree on new sanctions on Russia AP, 13 June 2017.
  5. ↑ Democrats introduce new bill on Russia and Iran sanctions Reuters, 12 July 2017.
  6. ↑ Marcos, Cristina (July 25, 2017). "House passes Russia sanctions deal". The Hill. Retrieved July 25, 2017.
  7. ↑ Putin: Russia promises retaliation as Senate passes sanctions bill The Guardian, 28 July 2017.
  8. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 H.R.3364 - Countering America's Adversaries Through Sanctions Act
  9. 1 2 3 Trump Signs Russian Sanctions Into Law, With Caveats The New York Times, August 2, 2017
  10. 1 2 3 Statement by President Donald J. Trump on the Signing of H.R. 3364 The White House, August 2, 2017
  11. ↑ Baker, Peter. "Trump Signs Russian Sanctions Into Law, With Caveats". The New York Times. The New York Times Company. Retrieved August 2, 2017.
  12. ↑ Statement by President Donald J. Trump on Signing the “Countering America’s Adversaries Through Sanctions Act” The White House, August 2, 2017
  13. ↑ Iran says new U.S. sanctions violate nuclear deal, vows 'proportional reaction'
  14. ↑ US sanctions bid triggers a barrage of angry reaction The Pyongyang Times August 2, 2017
  15. ↑ US Sanctions Racket Slammed Naenara, Korean Central News Agency August 2, 2017
  16. ↑ Заявление Министерства иностранных дел Российской Федерации Russian Foreign Ministry, 28 July 2017.
  17. 1 2 Roth, Andrew (July 30, 2017). "Putin orders cut of 755 personnel at U.S. missions". The Washington Post. Retrieved August 5, 2017.
  18. ↑ Russia expels US diplomats in tit-for-tat over sanctions FT, 28 July 2017.
  19. ↑ Эксклюзивное интервью Владимира Путина: почему ответ России чувствителен для США Russia-24, 30 July 2017.
  20. ↑ Putin confirms 755 US diplomatic staff must leave BBC, 30 July 2017.
  21. ↑ Russia's Medvedev Says U.S. Sanctions Bill Ends Hope For Better Ties
  22. ↑ Медведев: ужесточением санкций США объявили России полноценную торговую войну TASS, August 2, 2017.
  23. ↑ Berlin hits back at US move to tighten sanctions on Russia FT, 15 June 2017.
  24. ↑ Außenminister Gabriel und der österreichische Bundeskanzler Kern zu den Russland-Sanktionen durch den US-Senat
  25. ↑ Europe 'stands ready to act' if US sanctions on Russia affect its oil and gas supplies The Independent, 26 July 2017.
  26. ↑ NEW RUSSIA SANCTIONS 'ILLEGAL' SAYS GERMANY, URGING EUROPE TO RETALIATE AGAINST U.S. Newsweek, 31 July 2017.
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