By Eric Vandenbroeck and co-workers
Putin’s Pressure Point: Congress Should
Wield Oil Sanctions to Force Russia to Negotiate
A new U.S. president
enters office vowing to reach out a hand to a bitter enemy. He pledges to
resolve a long-burning crisis through diplomacy, despite widespread skepticism
that it’s possible. When his early efforts stall, Congress, including members
of the president’s party, loses patience and advances sweeping sanctions to
break the impasse. European allies also grow frustrated and impose new
penalties.
This is the story of
the opening months of Donald Trump’s second term on Russia. After refusing to
accept a cease-fire and intensifying attacks on Ukraine, Vladimir Putin has
shown that he’s not interested in peace. Meanwhile, Republican Senator Lindsey Graham,
of South Carolina, has secured over 80 votes for a bill to impose
“bone-crushing sanctions” on Russia, enough for a veto-proof majority. The EU
is preparing new sanctions, too.
But it’s also the
story of the opening year of Barack Obama’s presidency on Iran. During George
W. Bush’s second term, the United States steadily escalated sanctions on Iran.
When Obama entered office, he pivoted to diplomacy, proposing an arrangement in
which Tehran would part with its stockpile of enriched uranium in exchange for
nuclear fuel. In late 2009, however, Iran rejected the proposal. Congress
responded with wave after wave of sanctions, culminating in measures that
devastated Iran’s oil revenues. European countries also stepped up and imposed
an oil embargo. The combined pressure drove Iran’s economy into freefall,
creating the conditions that ultimately brought Iran to the negotiating table.
With Trump’s Russia
policy at a dead end, his administration would do well to learn from Obama’s
Iran experience. A particularly important lesson is that congressional
initiative, while almost always unwelcome by the executive branch, can be an
essential ingredient to a successful economic pressure strategy. If Trump is
serious about ending the war in Ukraine, his administration should work with
Graham and other hawks on Capitol Hill rather than oppose them.
Another takeaway is
that oil sanctions can work, even against major exporters. As the Trump
administration explores options to ramp up pressure on Russian oil, it should
study what succeeded against Iran.
A final lesson is
that Europe has more agency than it often realizes. Although the EU has
typically followed Washington’s lead on sanctions, the reverse can also be
true: decisive European action can spur the United States to follow. As Trump
repeatedly threatens sanctions and then retreats, Europe’s best move now is to
act first and trust that the United States won’t be far behind.
Good Cop, Bad Cop
Upon becoming
president in 2009, Obama inherited an Iran sanctions regime that, in some
respects, resembles the sanctions Russia faces today. The Bush administration
had imposed penalties on Iran’s largest banks and worked to sever its access to
the global financial system and sensitive nuclear technologies. But it had
stopped short of wielding secondary sanctions, penalties targeting Iran’s
trading partners, or aggressively curbing Iran’s oil sales.
The result was
underwhelming. Although Iran was increasingly isolated financially and its
economy was sluggish, it never tipped into recession. The sanctions were
falling short.
It was in this
context that Obama made his first diplomatic overture. In fall 2009, his
administration proposed a deal: Iran would ship most of its enriched uranium to
Russia in exchange for enough nuclear fuel to power the Tehran Research
Reactor, which produced medical isotopes for more than a decade. Although
Iranian negotiators initially accepted the deal, they soon reversed course, and
it collapsed within weeks.
Long skeptical of
Obama’s Iran diplomacy, Congress took matters into its own hands. In the summer
of 2010, it passed the Comprehensive Iran Sanctions, Accountability, and
Divestment Act, which required the Treasury Department to impose secondary
sanctions on foreign financial institutions that dealt with Iranian banks.
Obama signed the bill, and it worked: even risk-tolerant banks in Dubai and
Istanbul backed away from Iran, completing the country’s financial isolation.
The next year,
Congress aimed at Iran’s last remaining link to the world economy: oil exports.
Democratic Senator Bob Menendez, of New Jersey, and Republican Senator Mark
Kirk, of Illinois, proposed an amendment to the National Defense Authorization
Act mandating secondary sanctions on any foreign bank that processed payments
with the Central Bank of Iran, the repository for all the country’s oil
revenues. At the time, Iran exported roughly 2.5 million barrels of oil per day
to more than 20 countries. When Obama administration officials studied
Congress’s plans, they went into a panic. Their projections found that the
sanctions could spike oil prices above $200 per barrel and cause a “nuclear
winter recession,” as a senior Treasury official recalled. The Obama
administration vehemently opposed the amendment, arguing that it risked
splintering the transatlantic alliance, as multiple European countries still
bought oil from Iran.
But then, in late
2011, Iranian militiamen stormed the British Embassy in Tehran, briefly holding
staff members hostage. In response, the EU prepared its own oil embargo against
Iran—deflating Obama’s main argument against Congress’s plans. Menendez and Kirk
pushed the amendment forward. Days before a vote, Obama officials reached a
compromise with the senators: countries that significantly reduced their oil
purchases from Iran every six months would receive a sanctions waiver. They
would be allowed to continue importing Iranian oil without facing secondary
sanctions—but only if they wound down their purchases over time. Even with this
revision, Obama urged the Democratic-controlled Senate to reject the amendment,
still uneasy about the ramifications for oil prices. But it passed 100–0 and
Obama reluctantly signed it.
To the
administration’s surprise, the sanctions worked. Over the next 18 months,
Iran’s oil sales plummeted by 60 percent, to around one million barrels per
day. U.S. shale producers boosted production in turn, keeping the oil market
balanced and staving off the price spike that Obama had feared.
Congress wasn’t
finished. Next, lawmakers pushed legislation to try to drive Iran’s oil sales
to zero. Again, Obama officials were wary. By then, only six countries were
buying oil from Iran, and just one, China, was buying a sizable quantity.
Strong-arming China to quit Iranian oil entirely was unlikely to work, and if
Beijing called Washington’s bluff, the credibility of American sanctions could
be permanently damaged.
Obama officials
reached another compromise with Congress: foreign banks could keep processing
payments for Iranian oil, but the funds had to remain in the buyer’s country,
usable only for non-sanctioned trade. If a Chinese refinery bought Iranian oil,
it would deposit the funds in a Central Bank of Iran account based in China.
Tehran could use that money to buy goods from China or medicine and food
globally, but it could not bring it home. Tehran could not, therefore, use the
money to fund its nuclear program or bankroll its terrorist proxies. In
essence, the scheme would compel the creation of escrow accounts, locking
Iran’s oil money overseas.
The strategy worked
even better than the Menendez-Kirk amendment. It allowed Iran to continue
selling some oil, yet tens of billions of its petrodollars accumulated abroad.
Deprived of hard currency, Iran’s economy spiraled. That pressure helped Hassan
Rouhani win election as Iran’s president in 2013 and led to the negotiations
that froze Iran’s nuclear program and culminated in the 2015 nuclear deal. In
those negotiations, the ability to repatriate Iran’s escrowed oil funds was
Washington’s most valuable bargaining chip.
Throughout this
entire period, Congress was a thorn in Obama’s side. Yet Obama administration
officials sometimes grudgingly acknowledged the upside of pressure from Capitol
Hill. In 2015, while warning Congress not to “play the spoiler” in negotiations
with Iran, National Security Adviser Susan Rice conceded that Congress had
played a “hugely important role in helping to build our sanctions on Iran.”
Later that year, in announcing that negotiations with Iran had produced an
agreement, Obama himself thanked Congress for its role in crafting the
sanctions. Congress had played the bad cop, forcing the Obama administration to
go beyond its comfort zone and giving the threat of secondary sanctions serious
credibility. Meanwhile, Obama had played the good cop, using congressional
pressure to enable diplomacy.
A view of Gazprom Neft’s oil refinery in Omsk, Russia
A Failed Balancing Act
Since Russia launched
its full-scale invasion of Ukraine in February 2022, U.S. sanctions policy has
attempted to strike a delicate balance: maximizing pressure on Russia without
disrupting the world oil market. This has been difficult, as Russia accounts
for just over ten percent of global oil production, while hydrocarbon revenues
contribute roughly a third of Russia’s federal budget. Russia plays a major
role in the world oil market, and oil plays an essential role in funding the
Russian government, including Putin’s war machine.
Initially, the United
States attempted to balance these competing objectives by focusing sanctions on
Russia’s banking and defense industries, leaving energy relatively untouched.
On the very first day of the invasion, Joe Biden affirmed publicly that the
sanctions were “specifically designed to allow energy payments to continue”,
and his administration maintained a broad sanctions exemption for all
energy-related transactions with Russia. In an economy already struggling with
inflation, the prospect of skyrocketing gasoline prices was too frightening to
hazard.
Over the next three
years, Biden tiptoed toward oil sanctions but remained wary of anything that
risked decreasing Russian supply. In December 2022, the United States and its
G-7 partners imposed a price cap that aimed to reduce the revenue
that Russia earned on each barrel of oil that it sold. Specifically, the policy
barred Western tankers from carrying Russian oil and Western firms from
insuring such shipments if the oil was priced above $60 per barrel. But the
price cap was not backed by the threat of secondary sanctions, which had been
so critical to the measures against Iran. When they bought Russian oil, Emirati
traders and Chinese refineries faced no threat of U.S. penalties, even if they
bought the oil at a price exceeding the cap. Russia exploited the built-in
weaknesses of the policy, reducing its reliance on Western maritime insurance
and amassing a large shadow fleet of oil tankers.
In his final weeks in
office, Biden finally began dialing up the pressure on Russian oil, sanctioning
Russia’s third- and fourth-largest oil producers, but it was too little, too
late. As of today, despite frequent claims that Russia is the most sanctioned
country on earth, it’s nowhere close: its top two energy companies, Rosneft and
Gazprom, are not even subject to primary sanctions, to say nothing of
Iran-style secondary sanctions.
Although Russia’s
economy has struggled under sanctions, oil revenues have kept it afloat. It
turned out there are hard limits to how much pressure Washington could apply to
Moscow without targeting its most lucrative export.
Déjà Vu
Since returning to
office, Trump has imposed no new sanctions on Russia. He has focused instead on
diplomacy, pressuring Ukrainian President Volodymyr Zelensky to negotiate and
insisting that Putin wants a deal. According to multiple media reports, Trump
has pledged to keep Ukraine out of NATO and to recognize Russia’s annexation of
Crimea. But he has made no progress with Putin.
Although
congressional Republicans have remained deferential to Trump, their patience
appears to be wearing thin. In the Senate, Graham has introduced legislation
requiring the Trump administration to regularly assess whether Russia is
refusing to negotiate a peace deal. (Senator Richard Blumenthal, Democrat of
Connecticut, co-authored the bill.) If the administration determines that
Russia is stonewalling, a wave of new penalties would automatically take effect
- most notably, secondary tariffs of 500 percent on any country that imports
Russian oil, gas, petroleum products, or uranium. In effect, the bill would
impose embargo-level tariffs on a wide array of countries unless they halt
Russian energy imports entirely, including China and India (Russia’s top oil
customers), Turkey and Brazil (major buyers of Russian diesel), and the EU and
Japan (significant consumers of Russian liquefied natural gas).
That threat is not
credible. The world has already watched Trump struggle to sustain 145 percent
tariffs on China for more than a few weeks, and most countries would probably
call Washington’s bluff on a tariff threat several times higher. Besides, Russian
energy exports cannot drop to zero overnight without triggering severe market
dislocation. As a result, if the bill were enacted as written, Trump would most
likely invoke a national security waiver and decline to enforce it.
But rather than
oppose the bill, Trump should treat it as an opportunity to revive the good
cop, bad cop dynamic with Congress that helped Obama secure the Iran nuclear
deal. His administration should strike a compromise with Graham to replace the
extreme tariff proposal with a more targeted oil sanctions regime, modeled on
what worked against Iran. Under such a system, buyers of Russian oil would face
secondary sanctions unless they meet two conditions: that their countries
reduce total purchases every six months, and that payments are made into escrow
accounts that Russia can use only for humanitarian imports.
There is good reason
to believe this approach could work. With global oil supplies outpacing demand,
there’s room to cut Russian exports without disrupting markets. Removing all of
Russia’s crude exports from the market, totaling some five million barrels per
day, is unrealistic, but a 20 to 40 percent reduction over the next year is
achievable - and could even open the door for U.S. shale producers to gain
market share, advancing Trump’s goal of American energy dominance.
Moreover, Chinese,
Indian, and Turkish banks would likely comply with the escrow account
arrangement. All of them have been cautious about U.S. secondary sanctions, and
this system might even benefit them by boosting exports to Russia. If Indian
banks can release Russian oil funds only to finance bilateral trade, for
example, India’s sales of pharmaceuticals and agricultural products to Russia
would likely increase, giving the country a reason to comply beyond the threat
of punishment. And if the system succeeded, it would quickly give the Trump
administration a massive pile of escrowed Russian oil funds to incentivize
Putin to take concrete steps toward peace, such as accepting an unconditional
cease-fire.
Just as the EU oil
embargo on Iran helped spur action in Washington a decade and a half ago, major
new EU sanctions on Russia could do the same today. Instead of waiting around
for Trump, Brussels should advance new penalties on Russia’s energy sector. Even
unilateral EU measures would tighten the screws on Moscow - and could prompt
Washington to follow suit.
Most important, the
EU should seize the more than $200 billion in Russian sovereign assets that are
already frozen in Europe and channel them into support for Ukraine. Combined
with hard-hitting oil sanctions, such a move would force Putin to reconsider his
long-standing belief that time is on his side—that Western resolve will crack
if he just waits long enough.
America Needs More Cards
Over the past four
months, Trump has threatened to levy sanctions against Russia on at least half
a dozen occasions. Each time, Putin has called his bluff and Trump has
flinched. As Secretary of State Marco Rubio recently acknowledged, “the
president’s belief is … right now, [if] you start threatening sanctions, the
Russians will stop talking.”
Trump’s handling of
Russia diverges sharply from his approach to every other country. He hasn’t
hesitated to impose massive tariffs on China while pursuing a trade deal or to
levy new sanctions on Iran amid nuclear negotiations. In most cases, he sees coercion
as compatible with diplomacy. With Russia, he seems to believe that the two are
mutually exclusive.
It’s time for Trump
to rethink that strategy. As Obama learned in his push for a nuclear deal with
Iran, diplomatic breakthroughs with hard-line
adversaries require leverage. And the most effective way to gain that leverage,
while maintaining negotiating credibility, is to coordinate with Congress.
Of course, it will be
even harder for Trump to coax Putin into a just peace in Ukraine than it was
for Obama to strike a nuclear deal with Iran. Putin has transformed Russia’s
economy into a war machine and covets a decisive military victory more than sanctions
relief. But that only underscores the need for more pressure. Without it,
diplomacy is wishful thinking.
The moment is ripe.
Congress is losing patience. Europe is growing frustrated. And the global oil
market is better positioned to absorb disruptions than it has been in years.
The stars are aligning for Trump to get the cards he needs to change Putin’s calculus.
The question is whether he’s ready to play them.
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