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Frequently Asked Questions on PEESA, as amended by the National Defense Authorization Act for FY2021
The Department of State is committed to fully implementing sanctions authorities in the Protecting Europe’s Energy Security Act of 2019 (“PEESA” or “the Act,” Title LXXV, National Defense Authorization Act for Fiscal Year 2020, Pub. L. No. 116-92), as amended on January 1, 2021 by the National Defense Authorization Act for FY2021 (FY2021 NDAA), Pub. L. 116-283. PEESA (Sec. 7503 of FY2020 NDAA), as amended (by FY2021 NDAA Sec. 1242). We continue to call on Russia to cease using its energy resources for coercive purposes. Russia uses its energy export pipelines to create national and regional dependencies on Russian energy supplies, leveraging these dependencies to expand its political, economic, and military influence, weaken European security, and undermine U.S. national security and foreign policy interests. These pipelines also reduce European energy diversification, and...
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1) These "FAQ" provide virtually nothing in the way of notable guidance. The text of the preface and the FAQs themselves restate PEESA, as amended, without interpreting any of the legal provisions. For comments on PEESA generally, see Sec. 7503 of the NDAA for FY 2020 (PEESA), as amended by Sec. 1242 of the NDAA for FY 2021 (text incorporating amendments). To the degree that the last sentence of the third FAQ is meant to signal that the USG intends on exercising the PEESA authorities, compare Nord Stream 2 and Potential Sanctionable Activity.
2) Read in conjunction with Protecting Europe’s Energy Security Act (State Dep't FAQs - October 2020), which answers the question "How does the...