US Claims To Be Undecided On CAATSA Sanctions Waiver To India

The United States has not made a determination yet on any potential Countering America's Adversaries Through Sanctions Act (CAATSA) waiver to India with regard to its purchase of S-400 missile defense system from Russia, the Biden Administration said Tuesday.

The State Department comments come a week after India started receiving the supplies of S-400 missile defense system from Russia and amidst calls from top Republican and Democratic lawmakers not to impose CAATSA sanctions on India.

Asserting that it values its “strategic partnership” with India, a State Department official maintained the Biden Administration’s suspense over the issue by telling reporters CAATSA does not have a blanket or country-specific waiver provision attached to it.

“We would need to refer you to the Indian government for any comments on potential deliveries of the S-400 system. But we have been clear when it comes to the system, not only in the Indian context but more broadly as well, that we've urged all of our allies, all of our partners to forego transactions with Russia that may risk triggering sanctions under so-called CAATSA, the Countering America's Adversaries Through Sanctions Act. We have not made a determination on a potential waiver with respect to Indian arms transactions with Russia,” State Department Spokesperson Ned Price said.

“CAATSA, however, does not have a blanket or country-specific waiver provision attached to it. We also know that our defense relationship with India has expanded and deepened significantly in recent years. It's deep and commensurate with the broad and deep relationship that we have with India and its status as a major defense partner,” he said.

“We expect this strong momentum in our defense relationship to continue. We certainly value our strategic partnership with India. As you know, we had an opportunity to travel to India not all that long ago. In August, I believe it was, we've met with Foreign Minister Jaishankar many times. We have discussed this concern directly, including with the highest levels in the Indian government,” Price said in response to a question.

Several members of the US Congress, he said, have shown deep interest on the issue.

“It not for us to speak to any systems that the Indian government may or may not have received. It is for us to speak to the laws that are on the books and the requirements under those laws. Obviously, members of Congress are deeply interested in this as well. So, it's a conversation that has been ongoing with our Indian partners,” Price said.

“It's a conversation that takes place in the context of a defense relationship that is meaningful to us, that is important both for United States and India, including in the context of a free and open Indo-Pacific. And so, I suspect those conversations will continue,” he said.

Price said that the 2+2 talks would be held soon in Washington DC.

“We've committed to the 2+2, again, because we have a significant relationship with India, including its status as a major defense partner. But I can assure you that there will be an opportunity for a 2+2 before long,” he said.

Last month, US Senators and India Caucus Co-Chairs Mark Warner and John Cornyn sent a letter to President Joe Biden encouraging him to waive CAATSA sanctions against India for buying military arms from Russia.

“While India has taken significant steps to reduce its purchases of Russian military equipment, it has a long history of purchasing arms from the Soviet Union, and later Russia. In 2018, India formally agreed to purchase Russian S-400 Triumf air-defense systems after having signed an initial agreement with Russia two years prior,” they said.

“We are concerned that the upcoming transfer of these systems will trigger sanctions under the Countering America’s Adversaries Through Sanctions Act (CAATSA), which was enacted to hold Russia accountable for its malign behavior,” they wrote.

“As such, we strongly encourage you to grant a CAATSA waiver to India for its planned purchase of the S-400 Triumf surface-to-air missile system. In cases where granting a waiver would advance the national security interests of the U.S., this waiver authority, as written into the law by Congress, allows the President additional discretion in applying sanctions,” the two Senators wrote.