Trump questions Russian fuel ban but signals no policy shift
Synopsis
Key Takeaways
US President Donald Trump on 6 November 2026 questioned the federal law banning Russian petroleum imports, saying he would 'take a look at it,' but stopped short of announcing any policy change — even as his administration faces mounting scrutiny over a separate Treasury authorisation that critics argue directly conflicts with that statute.
What Trump Said
During an Oval Office appearance, a reporter raised the case of a tanker carrying Russian diesel across the Atlantic, reportedly bound for the United States, and asked about the legal bar on offloading its cargo. Trump initially questioned whether the restriction fell under the Jones Act; the reporter clarified it concerned legislation enacted in 2022 under then-President Joe Biden.
'That probably makes it a pretty bad law. I'll take a look at it, sure,' Trump said. His remarks offered no timetable, proposed amendment, or explanation of how his administration would reconcile the diesel authorisation it had already issued with the statutory import prohibition.
The Treasury Licence at the Centre of the Dispute
Nearly a month before Trump's remarks, on 9 October, the Office of Foreign Assets Control (OFAC) issued General License 135, authorising transactions otherwise prohibited under two sets of Russia-related sanctions regulations when they involve the sale, delivery, offloading, or importation of Russian-origin diesel. Critically, the licence text expressly includes importation into the United States, and runs through 12:01 a.m. Eastern Daylight Time on 7 April 2027.
The licence excludes debits to accounts at US financial institutions held by Russia's central bank, its National Wealth Fund, or its Finance Ministry. It is limited to diesel and does not constitute a general reopening of trade in all Russian petroleum products.
The Statutory Conflict
The Ending Importation of Russian Oil Act, signed on 8 April 2022, separately prohibits imports of Russian products classified under Chapter 27 of the US tariff schedule. The statute establishes a specific procedure for terminating that prohibition: it requires a presidential certification that Ukraine has accepted an agreement for Russian withdrawal and cessation of hostilities, that there is no immediate Russian military threat to NATO members, and that Ukrainians' right to choose their own government is recognised.
Even after such certification, Congress must be consulted in advance, and a 90-day period elapses before termination takes effect — unless Congress enacts a resolution of disapproval. The Treasury licence does not document completion of any part of that statutory process.
New Jersey Governor Pushes Back
New Jersey Governor Mikie Sherrill challenged the authorisation in a letter dated 2 November — three days before Trump's remarks — addressed to port and terminal operators in the state. 'The Trump Administration's authorization of Russian fuel imports directly conflicts with federal law,' she wrote. Sherrill argued that the statute does not grant the executive branch blanket authority to waive the ban through licences, warned businesses against accepting the fuel, and said New Jersey would deploy available legal and regulatory powers to oppose such imports.
What Happens Next
The gap between the OFAC licence and the 2022 statute is likely to draw legal challenges. With the licence valid through early April 2027, and no presidential certification in evidence, critics — including state governors and legal scholars — are expected to test the administration's position in court. Any policy shift that formally reopens Russian petroleum imports would require completing the certification and congressional notification process set out in the 2022 law.