Critically examine the use of secondary tariffs as a tool of coercive economic diplomacy, with reference to the proposed U.S. Lindsey O. Graham Sanctioning Russia and Iran Act of 2026.
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Secondary tariffs are duties imposed not on a sanctioned state but on third countries that keep trading with it, converting access to a large market into an instrument of sanctions enforcement. The Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, passed by the U.S. Senate and pending before the House [2], would empower the President to levy tariffs of up to 100% on the top five purchasers of Russian crude oil and natural gas [1] — placing India squarely in its shadow.
The case for such tariffs
- Plugs sanctions leakage: primary sanctions fail when neutral buyers absorb discounted flows; the Bill pairs tariffs with measures against Russia's "shadow fleet" and Russian financial institutions [1].
- Low-cost coercion: leverage derives from market size rather than military commitment, making compliance cheaper than confrontation.
- Graded exits: periodic recalculation of the "top five" list and an exemption threshold for low Russian-gas dependence [1] leave targets a calibrated off-ramp.
Critical limitations
- Extraterritorial unilateralism: it penalises non-belligerent states and bypasses WTO dispute settlement, eroding rules-based trade.
- Misplaced burden: cumulating with the 10% Section 301 forced-labour duty imposed on 60 economies including India in July 2026 [3], the cost falls on labour-intensive exporters — textiles, gems, marine products — not on the sanctioned state.
- Questionable efficacy: crude is fungible; flows re-route rather than cease, while India's heavy crude import dependence [5] rules out rapid substitution.
- Strategic backfire: coercing a strategic partner strains convergence in the Indo-Pacific and accelerates de-dollarisation and rupee-settlement experiments.
Secondary tariffs thus buy short-term leverage at the cost of long-term trust and trade multilateralism. For India, the durable answer is not concession but resilience — export-market diversification supported by liberalised ECGC country ratings [4], an early India-U.S. bilateral trade agreement, and improved domestic competitiveness — turning a coercive shock into momentum for a diversified, rules-based trading future.
Sources
- 1S.5025 — Lindsey O. Graham Sanctioning Russia Act of 2026, Bill Text, Congress.govup to 100% tariff on top-five purchasers of Russian oil/gas, 500% duty on Russian imports, shadow-fleet and financial-institution measures, exemption and review provisions
- 2Senate Foreign Relations Committee, Statement on Senate Passage of the Lindsey O. Graham Sanctioning Russia and Iran Act (August 2026)Senate passage; Bill still awaiting House approval
- 3USTR, "USTR Takes Action in Forced Labor Section 301 Investigations" (July 2026)10% additional duty under Section 301 on 60 economies, including India
- 4PIB, Year End Review 2025, Department of CommerceECGC country-rating liberalisation to de-risk exporters and push market diversification amid tariff disruption
- 5DGCI&S, "Insights into Import of Crude Oil and International Crude Oil Prices"India's crude oil import dependence and supplier profile