How does CAATSA work?
<p>How does the Countering America's Adversaries Through Sanction Act, P.L. 115-44 (August 2, 2017) (CAATSA) work? Why can't the US sanction every importer of Russian arms across the board? Arms exports fund Putin's war machine even more directly than, say, oil exports</p>

<p>The simple high-level answer to the &quot;why can't&quot; question is that the executive branch can only do that which is allowed under the law passed by Congress. So what does <a href="https://congress.gov/115/plaws/publ44/PLAW-115publ44.pdf" rel="nofollow noreferrer">CAATSA Title II</a> allow? There is an extensive FAQ on the <a href="https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/countering-americas-adversaries-through-sanctions-act-related-sanctions" rel="nofollow noreferrer">Treasury website</a>, and the <a href="https://home.treasury.gov/policy-issues/financial-sanctions/faqs/539" rel="nofollow noreferrer">first question they answer</a> explains that</p>
<blockquote>
<p>Section 223(a) of CAATSA does not require the imposition of sanctions.
While sanctions may be imposed on potential targets in any sector of
the economy of the Russian Federation in the future, maintaining unity
with partners on sanctions implemented with respect to the Russian
Federation is important to the U.S. government. The point of the
sectoral sanctions is to impose costs on the Russian Federation for
its aggression in Ukraine.</p>
</blockquote>
<p>In other words, may, not must.</p>
<p>§216 says</p>
<blockquote>
<p>Notwithstanding any other provision of law, before taking any action
described in paragraph (2), the President shall submit to the
appropriate congressional committees and leadership a report that
describes the proposed action and the reasons for that action</p>
</blockquote>
<p>which precludes a unilateral / universal declaration of sanctions against all entities who import arms from Russia. This requires a &quot;case by case&quot; justification of any action, including an indication whether the action</p>
<blockquote>
<p>is not intended to significantly alter United States foreign policy
with regard to the Russian Federation</p>
</blockquote>
<p>Sanctions are possible, but you have to <em>report</em> to Congress what and why, and that plus all of the other informational requirements requires more targeted use of CAATSA. But there is also a congressional approval requirement (Part 1 of the act which contains §216 is entitled &quot;Congressional Review Of Sanctions Imposed With Respect To The Russian Federation&quot;).</p>
<p>There are mandatory sections of the law, for example the act modified the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8924)</p>
<blockquote>
<p>by striking ‘‘may impose’’ and inserting ‘‘shall impose, unless the
President determines that it is not in the national interest of the
United States to do so’’</p>
</blockquote>
<p>but that section only applies to foreign financial institutions.</p>
<p>This does not mean that Congress couldn't pass a different law with the effect you describe, just that CAATSA is not that law.</p>

united-states military sanctions