Trump Signs Executive Order Exempting Russia From Named Sanctions Law

The order tests the boundaries of executive authority over congressionally enacted sanctions, a legal question that courts have addressed inconsistently in recent decades.

President Donald Trump signed an executive order exempting Russia from sanctions legislation named after Sen. Lindsey Graham, the South Carolina Republican who died in July 2026, according to a report by The New York Times published October 16, 2026.

The Graham-named sanctions legislation had been enacted by Congress as a statutory measure, meaning its provisions carry the force of law rather than operating solely through executive discretion. The specific statutory citation for the legislation was not included in the Times report, and the full text of Trump's executive order had not been published in the Federal Register as of the time of this writing. The Federal Register entry, once published, would identify the precise legal authority the administration cited for the exemption.

Executive orders that purport to waive or exempt parties from congressionally enacted statutes occupy contested legal ground. Under the Constitution's Presentment Clause (Article I, Section 7), laws passed by Congress and signed by a president carry binding effect. Courts have generally held that a subsequent president cannot unilaterally nullify a statute through executive order, though presidents do retain waiver authority in some sanctions laws when Congress explicitly delegates that power. Whether the Graham sanctions legislation contained such a delegation is unknown; the full statutory text would clarify that question.

The Office of Foreign Assets Control (OFAC), housed within the Treasury Department, administers most U.S. Sanctions programs. Any executive modification to sanctions enforcement would typically require OFAC to issue updated guidance to financial institutions and other regulated entities. As of October 17, 2026, no such OFAC guidance specific to this order had been publicly posted to Treasury's website, according to a review of publicly available OFAC notices.

Russia has been subject to multiple overlapping U.S. Sanctions regimes, including measures enacted after the 2014 annexation of Crimea (codified in part through the Countering America's Adversaries Through Sanctions Act, or CAATSA, Public Law 115-44, enacted 2017) and additional measures following the February 2022 invasion of Ukraine. CAATSA contains mandatory sanctions provisions with limited presidential waiver authority, requiring congressional notification when waivers are exercised. Whether the Graham legislation imposed similar constraints is not established by the available source material.

Sen. Graham, a senior Republican and frequent advocate for robust sanctions on Russia, died in July 2026. The legislation bearing his name was described by the Times as the statutory basis for the sanctions now subject to the exemption order. The specific provisions of that legislation, including its enactment date and public law number, were not detailed in the Times report and remain unknown from available public records.

Congress retains authority to respond to executive modifications of sanctions through several mechanisms, including the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.) and through the appropriations process. As of October 17, 2026, no public congressional response, including statements from Senate Foreign Relations Committee or House Foreign Affairs Committee leadership, had been entered into the Congressional Record regarding this specific order.

The practical effect of the exemption on currently sanctioned Russian entities, individuals, or financial transactions is unknown without the full text of the order. The executive order itself would specify whether the exemption applies to all sanctions within the legislation, specific sectors, named individuals, or particular transaction types.

Business and financial institutions operating under existing sanctions compliance programs would need to await formal OFAC guidance before modifying their compliance procedures, as OFAC's published rules, not the executive order alone, govern day-to-day enforcement.

What remains unknown includes: the full text of the executive order and its Federal Register citation, the specific statutory authority cited for the exemption, whether the Graham legislation delegated waiver authority to the president, and whether any congressional leaders have formally challenged the order's legality. The Federal Register publication of the order and any subsequent OFAC guidance would be the primary public records that would answer these questions.