Countries against which sanctions have been imposed. Department of Investigations FBK.

On Tuesday, July 25, the Chamber of Representatives of the US Congress by the overwhelming majority of votes (for 419 congressmen, against - 3) approved new sanctions against Russia, Iran and the DPRK.

The proposed measures are much wider than the sanctions introduced by Barack Obama. So, to the requirements of Russia for its actions in Crimea and Donbass added charges in the supply of weapons to the Syrian government, human rights violations "in the territory, power of the Russian government or controlled by him", undermining the US cyber security.

At the same time, the head of the White House actually consolidates a secondary role in determining future policies in the Russian direction (over the past decades, relations with Moscow was determined by the US President who agreed his actions with the Congress).

Some provisions of the draft law - such as paragraph 227, who binds the president of the United States through sanctions to fight against corrupt officials in the Russian Federation, do not have analogues in the sanctions war with Moscow at all. Clause 228 contains a provision for the punishment of individuals and legal entities of third countries (first of all, this is addressed to the EU), violating the regime american sanctions against the Russian Federation.

As far as purely economic measures, restrictions for American banks on financing those who have fallen under the sanctions of Russian banks and companies are seriously tightened (loans for them are reduced from 30 and 90 days to 14 and 60 days). Strengthened sectoral sanctions on the oil sector (prohibiting the supply of equipment and services for oil production in the Arctic, on the deep-sea shelf and shale deposits). Now they are subject to not only structures controlled by sanctions companies and individuals, but also those in which such persons have a significant share in capital (from 33%).

Moreover, according to amendments, the US President is obliged to introduce at least three types of sanctions against a company or a person who invested in "Special" oil projects in the Russian Federation (shelves, the Arctic, Slate). The head of the White House will also be obliged to impose sanctions against Gazprom if it is considered that the company significantly reduces gas supplies to NATO countries, to Ukraine, Georgia and Moldova.

A direct threat to any possible foreign investors who want to participate in privatization in Russia looks even more serious. The US President, according to the document, is obliged to introduce at least five types of sanctions against persons who invest from $ 10 million in the privatization of Russian companies.

Head of the Committee of the Federation Council on International Affairs Konstantin Kosachev Already stated in his Facebook that Russia should prepare a "painful" reaction to new restrictions. In his opinion, the situation must be discussed with the European Union, which subjected American sanctions criticism. "They will not be our allies, but since their own economic interests are affected, at least a temporary mesallone can happen," said Kosachev.

What do new sanctions mean for Russia, will support them uS President Donald Trump?

Congressmen adopted a sanctions bill to hit the tramp, "believes political analyst, Director of the Institute of Political Studies Sergey Markov. - This document is an important part of the plan for removing the power of the US current president.

To eliminate Donald Trump, it is not enough to carry out the impeachment procedure. It is also necessary that Trump does not have support among their voters. To solve the last task, it is important to deprive the chapter of the White House of the ability to conduct an independent foreign policy - first of all, in relation to Russia. This will lead to the fact that voters will look at the Trump as weak. The sanction bill just allows you to block the President of the United States in the Russian direction.

The second strategic goal of the draft law is interference in European affairs, and an attempt to impose American economic projects to Europe. In particular, to force the EU to buy an expensive American LNG instead of a cheap pipeline Russian gas. I think this will cause the growing annoyance of the European Union, which feels more and more independent of the United States.

But the most important thing - the document actually declares Russia by the US enemy. This, I think useful information. We knew it before, but part of the Russian elite nevertheless hesitated and believed that it was possible to reconcile with America. Now it is clear that we should take the United States as a cruel opponent who wants to destroy Russia - and in no way.

"SP": - What is the key difference between the proposed sanctions from the previous ones adopted during Barack Obama?

Sanctions against the Russian Federation are actually becoming eternal. They will be impossible to cancel - as long as there is an independent Russia. It is also important, except that the bill creates a mechanism for all Russian oligarchs. De facto rich people in Russia are placed in front of the choice: either they cooperate with American special services for the overthrow of the President of the Russian Federation, or leave the space of American banks and the American business. What choice will they do, we will soon see.

To confront new sanctions, we need real import substitution, "the Chairman of the Russian Economic Society is convinced. S.F. Sharapova, Professor of the Department of International Finance MGIMO (y) Valentin Catamon. - From import substitution that comes down, as now, to switching from one foreign supplier to another, you need to leave.

It is also necessary, in addition, within the country, cease to bet on the company with the participation of foreign capital. As practice has shown, it is they who are the main beneficiaries of the current immortal policy.

Take, for example, the food industry of the Russian Federation, where more than half of the enterprises are effectively monitored by foreign capital. Now foreign majority investors of these enterprises happily rub their hands: they did not have competitors in Russia, they received a number of preferences from the Government of the Russian Federation, and can earn a full coil. This is not a completely normal situation.

New sanctions make seriously think about strengthening our economic security. Even representatives of the defense complex recognize that the so-called production localization is, unfortunately, ephemeral character. According to my data, so far a significant number of components for the final products are issued by enterprises with the participation of foreign capital. And what it is, well showed a scandal with supplies to the Siemens Turbine Crimea - showed that at any time the scheme of such supplies may be broken.

In fact, we need to more actively develop economic relations with neighbors. So far, in this direction, we have nothing to boast. With China, of course, building the relationship is very difficult, but it is vital. And here, I think we also do not refund.

In general, to new sanctions should be treated as a bitter medicine. Medicine necessary for recovery of the Russian economy.

"SP": - Today, many hope that the EU will speak on the side of Russia: the United States will respond to the introduction of additional restrictions against Moscow, in particular, will limit the access of American companies to loans of European banks. How real is this script?

I would not expect for counter-sanctions against the United States from the European Union. Indeed, the unarmed eye shows that Europe will suffer from new American sanctions. EU economic damage from sanctions will be several times higher than the damage of Russia. This circumstance gives European radicals a reason to argue that voting in the Congress is directed, in fact, against the EU.

But it is unlikely that Europe "gets up from his knees", and will begin to fight America. It is enough to see trade statistics to make sure: Americans buy Europe by preferences that allow the EU to have a great positive trade balance with the United States. If Europeans begin to jerk now, these preferences will be revised, and the positive balance will disappear very quickly.

Meanwhile, half of this positive balance with the US, Europeans spend on the coating of a trade deficit with Russia - for the purchase of Russian hydrocarbons. So hardly Brussels wants to seriously quarrel with Washington.

"SP": - Does the sanction bill of the President of Trump sign?

I think I will sign: the tramp has new anti-Russian sanctions on hand. The bill gives the "green light" by American liquefied gas to Europe. In the face of new sanctions, I believe, we are unlikely to build "Northern Stream-2". This means that Americans will have the opportunity to gradually seize the European gas market, and Trump is the ability to perform election promises, these to American energy companies.

"SP": - If Americans are squeezing with "Gazprom" from the European market, as far as it is critical for us?

If in russian economy Everything will remain still if we do not begin the reform, Russia will have to be very hard. Following the same inertial course, I think will turn into a serious blow and in the economy of the Russian Federation, and our budget. And most importantly - for the well-being of all Russian citizens without exception.

In contact with

Odnoklassniki.

Do not give money to Russian banks, follow the oligarchs, support Ukraine and create a fund countering Russian influence. What does new US sanctions mean against the Kremlin mean

The US Chamber of Representatives by the overwhelming majority supported the draft law, which will significantly expand sanctions against Russia. Now we wait, whether it will sign the Donald Trump.

The probability of the veto is meager, since the other day, the spokesman for the White House Sarah Sanders reported that the President was going to support the draft law.

What new sanctions can enter against Russia

  1. The draft law significantly narrows the possibility of attracting new investments for the construction of Russian pipelines. Such as, for example, "Northern Stream 2", which threatens the energy sector of Ukraine. The bill gives the White House the opportunity to introduce sanctions against those who invest in the construction of Russia export pipelines or provided equipment for these purposes (including leasing), technology and services. There will be those who or more than $ 1 million or more than $ 5 million throughout the year.
  2. The draft law states that the United States will continue to prevent the implementation of the North Stream-2 project. The reason is its "harmful consequences for EU energy security, the development of the gas market in the central and Eastern Europe and energy reforms in Ukraine. "
  3. American companies I. individuals Operations with Russian banks will be prohibited with the provision of financing longer than 14 days. Today, the restriction is 90 days. In fact, this is a ban on "long loans". The duration of agreements on the provision of financing to Russian energy companies is planned to be limited by 30 days.
  4. The US Ministry of Finance will be able to receive recordings from ATMs and non-cash transactions in order to be able to better oppose the unlawful activities of Russian oligarchs in the United States. Also under sanctions may be those who invest in Russian "corrupt privatization".
  5. The United States intends to help Ukraine and its allies and partners in Europe "reduce dependence on Russian energy resources, especially natural gas, which uses the Government of the Russian Federation as a weapon to intimidate other countries and influence them." The bill will require US State Department and the Ministry of Finance to cooperate with Ukraine and develop a plan to reduce its dependence on imports of Russian energy carriers.
  6. The bill is aimed at strengthening the US allies that are struggle against Russian aggression. In particular, $ 250 million will be allocated to the creation of a counteraction fund to Russian influence, which will produce programs for EU countries and NATO members. The priority will be given to the programs that cybersecurity develops are aimed at combating public corruption, confront disinformation, respond to humanitarian crises and support democratic institutions.
  7. The draft law provides for the introduction of sanctions against citizens of Russia, which violate cybersecurity, supply weapons to Syria, violate human rights and are related to the corrupt privatization of state assets in the Russian Federation.


How exactly will the law on sanctions

The bill has several important nuances that are important for understanding what the congressmen actually adopted and what consequences it will have.

  1. In fact, the bill is combined into one six sanction decrees approved by Barack Obama. Now there will be no separation for Crimean sanctions and the Donbas sanctions that were periodically extended again by the presidential decrees. Now all these sanctions go to one package. The chronology of the introduction of these sanctions can be viewed here.
  2. Obamov's sanctions are divided into personal and sectoral. The first includes a ban on entry into the United States and the freezing of assets, if such is in the United States for a number of persons involved in the annexation of the Crimea and the unleashing of the war in the Donbas. They also include a list of companies with which the Americans are forbidden to deal with. Sectoral sanctions were painful for Russia, because they struck the financial, energy and defense industry. By the way, on June 20, on the day of the visit of Poroshenko's president in the United States, the Administration of Trump expanded personal sanctions: new names of Russians, Crimean and Donbas separatists and their companies were included in the list.
  3. The bill opens the way to introduce new sanctions, including sectoral. The main objectives will be the energy, mining and metallurgical industry, marine and railway transport. The bill does not name the names of the persons and names of companies against which sanctions are introduced. Specific addressees will define the American Ministry of Finance. And the bill determines the field of activity: indicates what to punish, in which sectors of the economy, etc.
  4. The fact that all previous sanctions was introduced by the presidential decrees was its weakness. Theoretically, this meant that you can cancel them as easily, in one decree of the president. The law will make this option impossible. Now to cancel sanctions, the approval of the Congress will necessarily need.


Why the European Union against sanctions

The European Union began to criticize the new bill from the moment of its approval by the Senate in June. The first to respond to the Ministry of Foreign Affairs of Germany and Austria, who are concerned about the fate of the "Northern Flow 2". Both countries are Gazprom's partners in the project of a new gas pipeline.

Recently it became clear that the European Commission will oppose the introduction of new sanctions. In her official statement, the main emphasis was made on the fact that sanctions should be entered simultaneously. That was how Obama presidency was as possible.

Also, the statement claims that the unilateral actions of the Congress "may have unpredictable consequences not only in the issue of transatlantic unity, but also on the issue of EU economic and energy security."

According to the representative of the European Commission of Margaritis Skhinas, all diplomatic channels involved in the European Union to turn to the United States about the concerns about new sanctions.

EURATIV site announced a list of eight joint Russian-European projects, which threaten new sanctions. This is the Baltic Plant for the Production of Liquefied Gas in the Leningrad Region (Gazprom and Schell), Blue Stream (ENI and Gazprom), Caspian Pipeline Consortium (Schell, Eni and Rosneft), "Northern Stream 1" (several European companies and Gazprom), Northern Flow 2 (several European companies and Gazprom), the expansion of Sakhalin-2 (Shell and Gazprom), Shah-Deniz and South Caucasian Pipeline ( BP and LUKOIL), Oil deposit ZohR (BP, ENI and Rosneft).

It is not yet known how successful the attempts of European diplomacy will block new sanctions. But it is already obvious that Europe really does not want to lose joint oil and gas business with Russia.

In early August 2017, US President Donald Trump signed the law "On the confrontation of America's enemies through sanctions", a tightening regime of restrictions on several countries, including Russia. This step finally removed the latest illusions about the ambulance or facilitating sanctions. Now it is already obvious that many years have to live with them.

rules different countriesRegulating the sanctions against Russia became so numerous and difficult to understand them it was not easy. We now try to do this.

Why did you impose sanctions on Russia?

The reason for the introduction of sanctions was not only events in Ukraine and the accession of the Crimea. The first recently sanctions were introduced back in 2010-2012 as a result of a well-known corruption scandal. Previous disagreements with the West, including the 2008 war in Georgia, did not have the result. In chronological order, the causes of sanctions were:

"Magnitsky Case"

Recall that according to some information, a number of government officials of the Russian Federation and individuals created a conspiracy in order to theft of large sums from the budget of Russia. The scope of the alleged abuse and death in the prison of the American Heritage Foundation Sergei Magnitsky's auditor has caused a wide resonance, as a result of which the USA, the EU and several other countries adopted personal sanctions against the alleged parties to the crime.

Currently, there are several dozen people under sanctions, they are denied entry into these states, and all their property on the territory of these countries is blocked.

Sanctions on the "Magnitsky case" did not have a big impact on the Russian economy. However, their political effect cannot be underestimated, since they marked the final turn to an irreversible deterioration in relations between Russia and the West and became a model for the introduction of follow-up, much more unpleasant sanctions.

For war in Ukraine and the accession of Crimea

In 2014, the USA, the EU and some other countries have introduced a number of sanctions against Russia as a punishment for the accession of Crimea and participating in the events in Ukraine. Personal sanctions against individual individuals and organizations, sectoral sanctions against some sectors of the Russian economy, as well as sanctions against the Crimea were adopted.

For "cybershpionage" and interference with the election of the US President

At the end of 2016, President Obama adopted a decree on the introduction of sanctions for "malicious actions using a computer" to the United States harmony, that is, for supposedly the actions of Russian hackers during the United States elections.

The list of punishable included FSB, GRU and several other organizations. Subjected to sanctions and several individuals, for example, a Hacker Belan named "Fedyuna", Bogachev, named "Monster", as well as several GRU officials.

All of these persons were blocked by their property in the United States, and any transactions with them were banned by Americans. Obama also sent a number of Russian diplomats from the country and selected two diplomatic villas from the Russian embassy.

President Putin did not immediately make response sanctions, obviously, hoping to improve relations with the United States during the Trump presidency. However, when in the summer of 2017, American sanctions against the Russian Federation were tightened, the mirror measures were still accepted - the American embassy was selected in Silver Bor, and he was issued a prescription to cut the staff.

For Syria.

The United States imposed extensive sanctions on the Government of Syria in connection with the Civil War ongoing. For these sanctions, several Russian entities were also included, for example, Kirsan Ilyumzhinov, Tempebank, Tempebank employees, Bank Russian Financial Alliance (now not existing) and some others.

The law on the support of Ukraine of 2014 also gave the right to Obama to impose separate sanctions on the Russian Federation for the production and sale of defense products in Syria. However, the president did not use this right, as the sanctions "for Ukraine" and so have already covered a large number of persons.

For all together

Contrary to the current opinion, the pretext for strengthening sanctions according to the recent law adopted in the United States in August 2017, was not only an alleged interference of Russians in the election of the President of the United States. The law refers to a very long list of the limits of the Russian Federation, including the accession of the Crimea, damage to Ukraine, support for the Government of Syria, corruption, the fight against the freedom of the press, interference with the internal affairs and elections of many countries of the world, and much more.

Since there was no reason to strengthen the sanctions at this time, prevails the opinion that the adoption of this law was a purely in-olitic American event in which Russia was offered only the role of a boy for whipping.

What is the specific sanctions content?

Sanctions against the Russian Federation can be divided into several species in their immediate action.

"Blocking sanctions" in relation to individuals.

These are sanctions against individuals (legal and physical), which, for example, are involved in the establishment state power In the Crimean region of Ukraine without the permission of the Government of Ukraine, undermining the democratic processes and institutions in Ukraine. " Others were subjected to personal sanctions in other grounds: the case of Magnitsky, CyberSpionage, etc.

The property of these persons in the United States and other countries involved in sanctions is blocked, it is prohibited to carry out any operations. Restrictions also apply to organizations, more than 50% belonging to these persons. Individuals entry into the territory of these countries is prohibited. Americans are not allowed to even assist them with a purely humanitarian nature - to provide food, clothing, medicines.

The specific list of "blocked" persons is the treasury (Ministry of Finance) of the United States for consultation with the State Department (Ministry of Foreign Affairs). Currently in such lists consist different bases About 300 names.

Now the current list of individuals is very different, it includes a variety of people from the shooting school-Girkin and Motorcyclist Zaldostanov to Kobzon and Ramzan Kadyrov. There were also prominent economic figures, such as the Rothenberg brothers, Brothers Kovalchuk, Timchenko, etc. - along with their subsidiaries. Consisting of the list and I.I. Sechin, but only in personal capacity. Since Rosneft does not legally belong to him by more than 50%, the oil company under that this kind of sanctions does not fall.

Many legal entities also got into the list, primarily the enterprise "Defense", such as "Uralvagonzavod" and "Almaz-Antea".

Sanctions against the Crimea.

Any transactions "in relation to the" Crimea are prohibited. Investments in enterprises located on the peninsula, purchase and sale on this territory of any goods, services, technologies and property are prohibited. For the sanctions, about 50 Crimean enterprises were also singing (including, for example, Yalta film studio), with which any transactions are forbidden.

However, the US government still made some relaxation - released exceptions, the so-called "general licenses". Any persons are allowed to sell in agricultural products, some drugs, spare parts, providing for use of some programs (for example, sites social networks), the provision of certain telecommunication services. Private bank transfers are permitted in Crimea. True, in practice it is impracticable, since no of the banks acting on the territory of the Crimea is not connected to the Swift system, and does not have corsche in foreign banks.

Sectoral sanctions

This type of US sanctions and their allies affect the most important sectors of the Russian Federation - banking and energy, limiting the ability to invest in them and supply certain technologies and equipment. August 2017 Also gave the right to the US government to extend the sanctions on the railway, mountain and metallurgical sector of the Russian economy. The essence of these sanctions is as follows:

Restrictions on transactions with shares and debt obligations.

It is forbidden to carry out operations with shares of a number of specific largest companies in the energy and financial sector of Russia, as well as their debt obligations issued by more than a certain period.

"Deals with debt obligations" include not only the purchase of bonds, but just the provision of loans.

These companies were divided into three groups:

  • The ban on operations with newly released shares and debts longer than 14 days (until August 2017 - 30 days). This list includes the largest banks and financial sockets of the Russian Federation (as well as their daughters), including Sberbank, VTB, VEB, Rosagrobank, Gazprombank, Yandex.Money.
  • The prohibition of operations with newly released debts over 60 days (earlier - 90 days). The prohibition affects some of Russia's largest energy companies - Rosneft, Gazpromneft, Transneft and NOVATEK.
  • Prohibition on operations with new debts over 30 days. This group includes mainly the company of the defense sector and the high-tech sector.

All other operations with companies from these lists are permitted.

Restrictions on technology transfer to Russian energy companies.

Several organs are engaged in detailed regulation of this type of restrictions. executive power in USA.

The Treasury of the United States issued a directive according to which the Americans are prohibited from selling equipment, provide services and transfer technologies that would be used for exploration and oil production in deep-water (over 500 feet, i.e. about 150 meters), shelf arctic (located inside the polar circle) and shale fields on the territory of Russia and the largest Russian companies adjacent to it.

We are talking only about oil production, since European partners of Russia persuaded the United States not to touch the gas. Provision of financial services - for example, lending and insurance - is not prohibited.

The list of companies that are prohibited from transmitting such equipment is wider than the list that imposes a limit on lending over 60 days. It includes Gazprom, Rosneft, LUKOIL, Surgutneftegaz and other oil companies, but not included, for example, pure gas Novatek.

At first, the ban on the transfer of equipment and technologies was concerned not only by these organizations, but also companies in which they had more than 50% of participation. But in August 2017, this restriction was tightened and now we are already talking not only about the "daughters" of Russian companies, but also companies and projects in which they have more than 33% of participation. In addition, if earlier it was about projects on the territory of Russia (and adjacent to it), then sanctions apply to operations around the world.

Another agency - the US Department of Commerce - deals with the issuance of export licenses for which there is a restriction regime, including imposed sanctions.

Obtaining an export license is required to transmit a number of technologies and equipment that can be used directly or indirectly for exploration or production of oil or gas to deep-water (deeper 500 feet), arctic offshore or shale deposits in Russia, as well as in cases where it is impossible To determine exactly whether the equipment will be used at such deposits.

Thus, it is not only about oil production, but also about Gaza. Licenses are required for the supply of equipment and technologies to any company in Russia, and not only in the list of sanctions.

When applying for an export license is used presumption of refusal In cases where equipment can be used in the referred tolands for oil production.

Specific equipment under restrictions includes (not limited to this): drilling rigs, horizontal drilling equipment, drilling equipment and filling equipment, underwater technological equipment, marine equipment, which can be used in the Arctic, engines and equipment for wells and cables, drilling pipes and casing Pipes, Hydraulic Gap Software, High Pressure Pumps, Seismic Equipment, Remote Control, Compressors, Expansion, Valves, Rims.

US export control makes an attempt to extend the activities of its rules and beyond the USA. So, under these restrictions should be transferred to Russia to Russia, in which there are at least 25% of the share of American products, from any country and any person.

By the way, restrictions on exporting equipment to Russia, which can be used for military purposes, namely the requirement of obtaining an export license - existed to the Crimean crisis, so that there were no relative such type of products.

What new provisions were included in the newly adopted American law?

The new US law, which so reluctantly signed the Trump, includes several important provisions affecting the interests of the Russian Federation.

First, the procedure for revising sanctions has changed.

Previously, Congress accepted only the "Framework Law", who gave the president the right to independently enter and remove the sanctions. Specific restrictions and lists of affected persons were accepted in working order by the presidential and acts of certain ministries. So did Obama sanctions. Now, congressmen incorporated all sanctions imposed on the decrees of Obama in a new act, giving them the force of the law.

The new law also provides that the cancellation of already existing sanctions, changing the list of affected persons, as well as the provision of critical exceptions (so-called "licenses") should be considered in both Congress chambers. If Congress does not agree with the abolition or change of sanctions, he will adopt the corresponding decision - as a law. At this improvised law, the president may impose a veto, but theoretically, this veto can be overcome by Congress, as usual, by a two-third-third of the votes.

These new rules greatly limit the rights of the president and significantly give out the prospect of canceling sanctions.

Thus, in order to remove anyone renounced Zaldostanov from the list of persons under sanctions, it will have to consider this decision in the form of a bill in the Congress Commissions, conduct veto through both chambers, if necessary, to impose veto. With the hostility of the Congress, the only hope of non-formal-motorcyclist will remain only the fact that Congress will not have time to overcome the veto during a certain maximum term.

Trump did not want to sign this law, but was forced to do this, as he understood that his veto would be easily overcome - democrats and republicans were voted for the bill, and the Republicans, and there were only a few votes "against".

Secondly, the new law was tightened by the regime of existing sectoral sanctions against the Russian Federation. As we have already mentioned, the maximum period of permitted debt has been reduced. New deadlines amounted to 14 days for banks under sanctions (previously 30 days) and 60 days for energy companies (previously 60 days).

In addition, as already mentioned, the law tightens restrictions on Russian oil production projects in deep-water, shelf Arctic and shale fields, establishing the maximum threshold for Russian organizations in 33% in projects that Americans can sell equipment and technologies.

Thirdly, according to the Congress law, it gives the president the right - and in some cases imposes an obligation - to introduce different kinds of new sanctions against certain persons.

Thus, the president may impose sanctions - in coordination with the allies of the United States - on any person that sells equipment, technologies and services in the amount of more than 1 million dollars associated with the construction, modernization and support of Russian pipelines that guide the energy resources for export, or performs the relevant investments.

It was this item that caused the resentment of Europeans who saw here, not without reason, an attempt to prohibit the construction of new pipelines from Russia. In order to calm them, Americans in the final law put the wording about "coordination with the allies".

Position is actually extraterritorically - restrictions are imposed not only on American faces, but in general on any physical and entity in the world.

But the keyword here is "may". It seems unlikely that under the existing conditions the US President would have to impose sanctions on Europeans, for example, for participation in the "Northern Stream 2". However, the selective application of such sanctions is quite likely.

According to the same law, the US President is obliged to impose sanctions on:

  • those who are consciously involved in "action undermining cybersecurity, against any person, including a democratic institute or government, on behalf of the government Russian Federation»;
  • responsible for "the return of orders, control or leadership of another kind of serious violations of human rights on any territory, by a secretly busy or otherwise controlled by the Government of the Russian Federation."
  • any persons who make "significant operations" with persons who are part of the defense or intelligence sectors of the Government of the Russian Federation, including GRA General Staff and the FSB. So that Trump did not see from the fulfillment of this situation, he was ordered for 60 days to issue rules on how to identify such persons.

This is one of the strangest points of the entire law. Theoretically, the sanctions will be subject to any buyers of Russian weapons in the international arena.

  • any individuals who will make investments in the amount of more than 10 million dollars (or will assist in the implementation of these investments) if these investments will lead to the possibility of the Russian Federation to privatize state property with such a method that will contribute to the unfair enrichment of any officials of the Russian Federation or their Friends and relatives.
  • foreign persons who contributed to the acquisition by the Government of Syria of various kinds of weapons.

All these sanctions may be subject to any physical and legal entity in the world, wherever it lives, and no matter how citizenship and jurisdiction do not possess.

It is difficult to say how active the President of Trump will impose these sanctions. In the "Statement on the signing" - a note accompanying the signing of the law, he stated that he did not agree with many provisions of the law (including precisely with some of these items), but would sign it in the interests of the "unity of the nation".

In the history of the United States there were cases when the presidents signed laws, with some insignificant part of which they did not agree, as indicated in their "statement of signing". This statement was then used for attempts to avoid executing these contradictory provisions of the signed law.

Fourth, the law contains a declaration of support for the energy sector of Ukraine, including a statement that the US policy is "continued countering the Nord Stream 2 pipeline, given its destructive impact on the energy security of Europe, the development of the gas market in Central and Eastern Europe and energy reforms in Ukraine. "

The law also stresses pretty cynical that "the United States Government should prevail the export of United States energy resources in order to create jobs in America, to help allies and partners of the United States and strengthen the United States overseas policies."

This last declaration caused a lot of criticism from the Europeans, who were prison in all this law only the US desire to strengthen their positions in the European Energy Market.

It may, however, that this in itself, the legal useless position was introduced only in order to prick the Trump in Jesuit - if he had not signed the law, he would have to regain that he was against creating jobs in America that It was one of the main items of his election program.

What countries participate in sanctions mode?

The sanctions regime took almost all countries that can be called "the White World". This is the United States and Canada, all countries of geographical Europe, with the exception of Serbia, Bosnia, Macedonia, and, of course, Belarus. In addition, Japan, Georgia, Australia, New Zealand and some small states of the Caribbean adopted the laws of sanctions against the Russian Federation.

EU sanctions almost completely repeat the US sanctions acting before August 2017. Only a particular list of persons under sanctions differs somewhat. However, the joining of Europeans to the last round of sanctions is still questionable. Judging by the protests that came from EU representatives is unlikely to automatically join new restrictions, at least exactly not all of them.

And yet, despite the fact that the last sanctions adopted by the Americans were perceived ambiguously, it is unlikely that the "sanctions coalition" will fall apart.

Who should comply with these sanctions? Should countries not participate in sanctions register him?

American legislation establishes that restriction regime refers to the operations of "American individuals or in the United States" (US Persons and In the United States). "American faces" are US citizens, permanent residents, American companies (including branches of foreign companies), as well as all persons on its territory.

From a formal point of view, this wording does not imply attempts to distribute American regulation extraterritorially. All persons in respect of which sanctions are established are an object, and not the subject of American legislation. Foreigners who violate sanctions, Americans in theory may simply include in the sanction list, but cannot be punished precisely for violating the sanctions regime.

The difference is big here - getting into the sanction list, you simply lose the opportunity to go to America and conduct business with the Americans; If they recognize that you violate the regime of sanctions, then it is possible to undergo criminal punishment in the United States and go to prison for 20 years.

However, recently, in the practice of law enforcement of sanctions, some purely legally exterritorial element appears. Any non-cash payments in US dollars between persons, even not in the United States, are considered transactions carried out also in the United States, as remittances usually take place through the correspondent accounts of American banks.

Thus, the Chinese, and even the Russian who paid something, or received something in non-cash dollars from the company under sanctions, also theoretically, can be recognized as a violator of sanctions - and be detained somewhere in Thailand and sent to America What would sit there in prison for 20 years.

In the EU legislation, on the contrary, it is extremely clearly defined by persons who should follow the sanctions against the Russian Federation, namely:

  • citizens of EU member countries,
  • organizations established under the legislation of EU member states,
  • organizations, leading business in whole or in part in the EU territory,
  • any person located in the EU territory
  • any persons on the territory of any fluttering aircraft, or vessel under the jurisdiction of EU member states.

Why are Russia's partners so afraid to violate these sanctions? Can these sanctions get around?

Companies leading international activities, very afraid of punishment for violation of sanctions, especially by the United States. If they lead at least any activity in the United States, Americans can calculate them with the subjects of their laws and, accordingly, to punish them for this violation.

As we have already indicated, even if some company never led any activity in the United States, and there was never a foot on any of their employee, but in the calculations it uses American dollars - can be recognized that it is also working in the United States , and therefore, it is obliged to follow the sanctions regime.

In 2015, the US authorities were fined the largest French bank BNP-Paribas for a breathtaking amount of $ 9 billion (not a typo, namely billions) dollars for allegedly committed by the violation of American sanctions against Iran. Although France does not participate in the sanctions mode against Iran and the Bank's division engaged in operations with Iran, was not in the United States, the basis for the fine was that the Bank conducted settlements on these operations through dollar corscheties located in the United States.

Despite the protests of the French government, the penalty was imposed, and BNP-Paribas paid it, since the alternative would be a ban for the bank to use dollars in the calculations, that is, the actual closure of the bank.

Frankly, recently, the US government actually behaves somewhat in a gangster, and it takes money not only among foreign corporations, but also from the original American companies - so, from the Bank J. P. Morgan was selected $ 13 billion The penalty for supposedly had a disorder with mortgage lending, a bank of America - $ 17 billion.

Not only the president, but also very numerous agencies and departments, federal and state leaders, whose leaders are "punishing evil corporations in such a way -" punishing evil corporations "are increasing their political capital. Recently, there has been an unprecedented strengthening of the role of the state in the United States, despite the fact that all legal institutions, decentralization and the amount of passing in power remain there unchanged from MarcTurnal times, when the role of the state was quite weak and it could not harm anyone.

Against this background, the company like Siemens for several billion dollars by the authority of a new York state controller for violation of the sanctions regime would be the simplest and inherited matter. It is not surprising that international companies are afraid to somehow cause irritation or attention of American "competent authorities."

As we have already spoken, except for fines, there is also a very severe criminal punishment for violating the sanctions regime for an individual (including officers corporations). This is a fine to 1 million dollars and imprisonment for up to 20 years.

Given all this, it is not surprising that foreign corporations are trying to avoid violation of the sanctions regime and not be involved in the schemes for evading them.

What is the impact of the sanction on the Russian economy, including the oil and gas sector?

Undoubtedly, in last years The Russian economy is experiencing significant difficulties. However, it is difficult to determine how large is the contribution of international sanctions.

In general, in the press and economists make sure that the main reason for difficulties in the Russian economy was not international sanctions, but the fall in oil prices. In 2016, for example, oil and gas exports from Russia amounted to 151 billion dollars - compared with 349 billion in 2013.

In addition, there are structural problems of the Russian economy: excessive nationalization, ineffective state institutions and regulation, corruption, which caused the deceleration of economic growth in Russia to the Crimean crisis.

Nevertheless, the influence of sanctions on the Russian economy cannot be underestimated.

The most serious damage is to limit lending to large Russian banks and companies from abroad. The first blow was the need to return major loans to foreign creditors without the possibility to be converted. In total in 2014-2016, the difference between redeemed and attracted loans of companies in Russia amounted to about 170 billion dollars. Although the Russians, in general, were able to be released, but such a cash failure became one of the reasons for the devaluation of the ruble.

The long-term consequences of restricting foreign lending are even more serious. Most of the major investments, including in the real sector of the economy, for example, the opening of new industries, is carried out at the expense of bank loans, including syndicated, with participants from many countries. Inside the Russian Federation now capital for investment is not enough (for the 2016 assets of the banking system for the first time in the history of the Russian Federation decreased), Europe, USA and Japan, that is, 95% of the world financial marketFor Russian borrowers are closed, and the Chinese do not seek a lot to invest in Russia.

Since only the largest banks came under sanctions - such as Sberbank, VTB, theoretically, it is possible that Western funding will go through other banks that have not fallen under sanctions. However, it is unlikely that this will become a powerful source of investment, not least due to the fact that the banking system of Russia is now more and more consolidated.

There is a high probability that without renewing lending from abroad, the resumption of high rates of economic growth in Russia will be difficult.

The energy industry was also injured. Especially unpleasant the sanctions affected such strongly laid companies as Rosneft. There were rumors that Rosneft's actions were the cause of the ruble exchange rate, as the company was forced to buy dollars in the open market in huge quantities because of the inability to take money in dollars.

As for the restrictions on the supply of equipment, it affects a rather narrow sphere: deep-water drilling, mining on the Arctic shelf and shale oil. Therefore, in macroeconomic scales, the influence of this ban is not very strong. Nevertheless, for individual companies, these sanctions, and especially those adopted in August 2017, are quite painful, as they limit their opportunity to develop some new projects.

Sanctions have a negative psychological and moral effect. The situation when the country is under sanctions, scares most of the investors. If foreign companies already operating in Russia can still decide to develop and invest new money, then companies, have never been in Russia, are unlikely to go to the opening of their enterprises and investigate money into the country.

Sometimes an opinion is expressed that sanctions are an incentive for the development of its own industry. But this statement is more than controversial.

Certain "import substitution" and in fact now happens. But it makes sense to rejoice much and praise for this sanctions.

Firstly, such import substitution has its main cause of the sharp devaluation of the ruble, as a result of which imports of various types of products from abroad, including equipment, decreased. Although the prohibition of lending to large Russian companies for a long time was also one of the reasons for devaluation, most likely the ruble rate would have reduced a lot without these measures, and simply as a result of the oil price collapse.

Secondly, even if the sanctions were somehow caused, through devaluation, decline in imports and some increase in demand for domestic products, the price of this improvement is very high - for enterprises the possibility of lending is closed. Due to the instability of the ruble, interest rates in lending are very high. So far, enterprises are credited under 15-20% per annum and this is despite the fact that the official inflation rate is about 4%. Such a bet almost certainly exceeds the average rate of profits throughout the machine-building region. There, where it makes sense to lend in dollars, for example, in oil and gas produce, lending from abroad in many cases is closed, with the result that a significant number of large projects cannot start.

And, thirdly, all import substitution occurs, as it is not sad to recognize, on a very low technological level.

In fact, many oil companies are now refusing expensive services of such companies as "Slubberge" or "Halliberton", and begin to call "Uncle Vasya" again to solve their problems. But truly high-tech production is developing extremely slow due to serious structural problems in the Russian Federation.

In addition to the problems already mentioned (inefficient state, corruption, etc.), it is necessary to mention the most difficult issue of lack of technical personnel. Old engineering frames go, young people are not prepared in the right amount and quality. Middle system technical education completely collapsed.

In such conditions, the task of building mass competitive high-tech production in Russia is extremely complex.

When will the sanctions take off?

Removing or relieving sanctions is currently extremely unlikely due to international political situation, internal political struggle in the US and the legal complexity of this process.

As for the sanctions of the EU, it is legally removed quite simply. Unlike the United States, where sanctions are governed by a whole pane of documents, the EU sanctions were adopted by one document. European sanctions for the first time were adopted in July 2014 for a period of six months, then they were repeatedly extended every 6 months - for the last time June 28, 2017.

To extend the sanctions, all EU participating countries must vote every time unanimously. A specific list of persons under sanctions are complemented in working order. executive bodies EU.

Thus, it is enough that at least one country votes against, and the sanctions will not be extended and will cease. It is unlikely that some country went against all the rest. However, if the EU's main participants will decide to discontinue sanctions, no country from the "belt of sufferers" like Poland or Lithuania will not be able to prevent this. In this case, the principle of unanimity in the EU works for the benefit of Russia.

Formally, the EU sanctions are extended in connection with the non-fulfillment of Minsk agreements by Russia. Recall that Minsk Agreements on February 15, 2015 (Minsk-2), adopted during the meeting of the leaders of Russia, Ukraine, France and Germany, do not fulfill Russia nor Ukraine. Agreements include such a difficult situation in this time, as the transfer of the Ukrainian government control over the state border between the Russian Federation and Ukraine in the Donbass area. To Ukraine, these agreements impose a commitment, including to change the Constitution and provide a special status parts of the Donetsk and Lugansk region, that Ukrainians also do not hurt to do.

It is difficult to say whether the theoretical implementation of these agreements by Russia withdrawal sanctions from the EU. In the act of sanctions, it is indicated that they are imposed, including due to annexation of Russia of Crimea. So, the fulfillment by Russia of its part of the Minsk arrangements does not guarantee the withdrawal of EU sanctions. However, the hypothetical termination of the "annexation" of the Crimea also can not guarantee anything.

However, the removal of European sanctions without the abolition of American sanctions, which have a certain extraterritoriality, will not greatly improve the position of the Russian Federation. The American sanctions will cancel much more difficult.

First, there are no prerequisites for improving the relations between the Russian Federation and the United States. Trade between the Russian Federation and the United States has always been at a rather low level, and Americans are not particularly interested in improving relations from the Russian Federation. It is much more profitable to continue to use it as a beetroot for the sake of "unity of the nation".

Secondly, the removal of sanctions will require the adoption of the relevant law, which will have to go through both chambers of the Congress. Considering the permanent patterns, intrigues and internally struggle in this body, it will be difficult to achieve this.

Thirdly, until the international situation remains intense, and the Ukrainian and Crimean question are not resolved from an international legal point of view, there is no preposition to relieve sanctions. The legal solution to this issue during the life of most readers of this article may not come. Recall that, for example, the problem of Northern Cyprus has not been resolved since 1974, and it is unlikely to be solved in the near future.

Sanctions can be discontinued only in the case of a radical change in the international political situation, for example, when the emergence of a common strong enemy appears. If this unlikely event does not happen, decades can pass before the sanctions will be removed.

Ruslan Khaliolelin

Do not give money to Russian banks, follow the oligarchs, support Ukraine and create a fund countering Russian influence. What are the new US sanctions against the Kremlin mean.

The US Chamber of Representatives by the overwhelming majority supported the draft law, which will significantly expand sanctions against Russia. Now we wait, whether it will sign the Donald Trump.

The probability of the veto is meager, since the other day, the spokesman for the White House Sarah Sanders reported that the President was going to support the draft law.

What new sanctions can enter against Russia

1. The draft law significantly narrows the possibility of attracting new investments for the construction of Russian pipelines. Such as, for example, "Northern Stream 2", which threatens the energy sector of Ukraine.

The bill gives the White House the opportunity to introduce sanctions against those who invest in the construction of Russia export pipelines or provided equipment for these purposes (including leasing), technology and services. There will be those who or more than $ 1 million or more than $ 5 million throughout the year.

2. The draft law states that the United States will continue to prevent the implementation of the North Stream-2 project. The reason is its "harmful consequences for EU energy security, the development of the gas market in Central and Eastern Europe and energy reforms in Ukraine."

3. American companies and individuals will be prohibited operations with Russian banks with the provision of financing longer than 14 days. Today, the restriction is 90 days. In fact, this is a ban on "long loans". The duration of agreements on the provision of financing to Russian energy companies is planned to be limited by 30 days.

4. The US Ministry of Finance will be able to receive recordings from ATMs and non-cash operations to be able to better counteract the unlawful activities of Russian oligarchs in the United States. Also under sanctions may be those who invest in Russian "corrupt privatization".

5. The United States intends to help Ukraine and its allies and partners in Europe "reduce dependence on Russian energy resources, especially natural gas, which uses the Government of the Russian Federation as a weapon to intimidate other countries and influence them."

The bill will require US State Department and the Ministry of Finance to cooperate with Ukraine and develop a plan to reduce its dependence on imports of Russian energy carriers.

6. The bill is aimed at strengthening the US allies that are fighting against Russian aggression. In particular, $ 250 million will be allocated to the creation of a counteraction fund to Russian influence, which will produce programs for EU countries and NATO members.

The priority will be given to the programs that cybersecurity develops are aimed at combating public corruption, confront disinformation, respond to humanitarian crises and support democratic institutions.

7. The draft law provides for the introduction of sanctions against citizens of Russia, which violate cybersecurity, supply weapons to Syria, violate human rights and are related to the corrupt privatization of state assets in the Russian Federation.

How exactly will the law on sanctions

The bill has several important nuances that are important for understanding what the congressmen actually adopted and what consequences it will have.

1. In fact, the bill is combined into one six sanctions decrees approved by Barack Obama. Now there will be no separation for Crimean sanctions and the Donbas sanctions that were periodically extended again by the presidential decrees. Now all these sanctions go to one package. The chronology of the introduction of these sanctions can be viewed here.

2. Obamov sanctions are divided into personal and sectoral. The first includes a ban on entry into the United States and the freezing of assets, if such is in the United States for a number of persons involved in the annexation of the Crimea and the unleashing of the war in the Donbas. They also include a list of companies with which the Americans are forbidden to deal with.

Sectoral sanctions were painful for Russia, because they struck the financial, energy and defense industry.

By the way, on June 20, on the day of the visit of Poroshenko's president in the United States, the Administration of Trump expanded personal sanctions: new names of Russians, Crimean and Donbas separatists and their companies were included in the list.

3. The draft law opens the way to introduce new sanctions, including sectoral. The main objectives will be the energy, mining and metallurgical industry, marine and rail transport.

The bill does not name the names of the persons and names of companies against which sanctions are introduced. Specific addressees will define the American Ministry of Finance. And the bill determines the field of activity: indicates what to punish, in which sectors of the economy, etc.

4. The fact that all previous sanctions was introduced by the presidential decrees was its weakness. Theoretically, this meant that you can cancel them as easily, in one decree of the president. The law will make this option impossible. Now to cancel sanctions, the approval of the Congress will necessarily need.

Why the European Union counter

The European Union began to criticize the new bill from the moment of its approval by the Senate in June. The first to respond to the Ministry of Foreign Affairs of Germany and Austria, who are concerned about the fate of the "Northern Flow 2". Both countries are Gazprom's partners in the project of a new gas pipeline.

Recently it became clear that the European Commission will oppose the introduction of new sanctions. In her official statement, the main emphasis was made on the fact that sanctions should be entered simultaneously. That was how Obama presidency was as possible.



Similar publications