THE RUSSIA CONNECTIONCalls Rise in Congress to Designate Russia a State Sponsor of Terrorism

By Rob Garver

Published 22 July 2022

As Russian attacks on civilian sites are reported on a near-daily basis, pressure is mounting on the Biden administration to officially designate Russia as a state sponsor of terrorism.

As the war in Ukraine approaches the end of its fifth month and Russian attacks on civilian sites are reported on a near-daily basis, pressure is mounting on the Biden administration to officially designate Russia as a state sponsor of terrorism.

This week, according to reporting by Politico, House Speaker Nancy Pelosi told Secretary of State Antony Blinken that if he does not exercise the power delegated to him by Congress to make the designation, lawmakers themselves will do so.

Russia is already under crippling sanctions, imposed by the U.S. and a host of other countries, but official designation as a state sponsor of terrorism would up the ante in some significant ways. Where the international components of current sanctions have been carefully coordinated, the state sponsor of terrorism designation could trigger a stricter regime of penalties that could apply to third-country parties doing business with Russian individuals and companies.

In addition, the designation would waive Russia’s sovereign immunity in the U.S., opening the door for Americans harmed by the war in Ukraine to file civil lawsuits against the Russian government in U.S. courts.

Administration Reluctant
Pelosi is the most senior lawmaker to advocate for the administration to take action, but she is not the first. Earlier this month, Senators Lindsey Graham, a Republican, and Richard Blumenthal, a Democrat, traveled to Kyiv to highlight legislation they introduced in May that would make the designation official.

A bill with the same aim was introduced in the House by Representatives Joe Wilson, a Republican, and Ted Lieu, a Democrat.

However, the Biden administration has appeared reluctant to take that step. In the past, a State Department spokesperson has said that the existing regimen of sanctions is sufficient to achieve the administration’s purposes.

Also, the state sponsor of terrorism designation would trigger “secondary” sanctions that the U.S. would have to apply to individuals and countries outside the U.S. who do business with Russia. Such a designation could complicate efforts to hold together a broad coalition of countries that are putting pressure on Russia to halt its aggression in Ukraine.

A potential New Precedent
John Herbst, who served as U.S. ambassador to Ukraine from 2003-06, told VOA that, in his mind, there is little doubt that Russia has met the requirements to be designated a sponsor of terrorism.