[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81881-81884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23351]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
URAL Airlines JSC, Utrenniy Lane 1-g, Yekaterinburg, Russia
620025; Order Renewing Temporary Denial of Export Privileges
Pursuant to section 766.24 of the Export Administration
Regulations, 15 CFR parts 730-774 (``EAR'' or ``the Regulations''),\1\
I hereby grant the request of the Office of Export Enforcement
(``OEE'') to renew the temporary denial order (``TDO'') issued in this
matter on April 7, 2022. I find that renewal of this order is necessary
in the public interest to prevent an imminent violation of the
Regulations and that renewal for an extended period is appropriate
because URAL Airlines JSC (``URAL'') has engaged in a pattern of
repeated, ongoing and/or continuous apparent violations of the EAR.
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\1\ On August 13, 2018, the President signed into law the John
S. McCain National Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of 2018, 50 U.S.C.
4801-4852 (``ECRA''). While section 1766 of ECRA repeals the
provisions of the Export Administration Act, 50 U.S.C. app. sec.
2401 et seq. (``EAA''), (except for three sections which are
inapplicable here), section 1768 of ECRA provides, in pertinent
part, that all orders, rules, regulations, and other forms of
administrative action that were made or issued under the EAA,
including as continued in effect pursuant to the International
Emergency Economic Powers Act, 50 U.S.C. 1701 et seq. (``IEEPA''),
and were in effect as of ECRA's date of enactment (August 13, 2018),
shall continue in effect according to their terms until modified,
superseded, set aside, or revoked through action undertaken pursuant
to the authority provided under ECRA. Moreover, section 1761(a)(5)
of ECRA authorizes the issuance of temporary denial orders. 50
U.S.C. 4820(a)(5).
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I. Procedural History
On October 13, 2022, I signed an order denying URAL export
privileges for a period of 180 days on the ground that issuance of the
order was necessary in the public interest to prevent an imminent
violation of the Regulations. The order was issued ex parte pursuant to
section 766.24(a) of the Regulations and was effective upon
issuance.\2\ The temporary denial order was subsequently renewed on
April 10, 2023 \3\ and October 6, 2023 \4\ in accordance with section
766.24(d) of the Regulations.\5\
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\2\ The TDO was published in the Federal Register on October 19,
2022 (87 FR 63477).
\3\ The April 10, 2023 renewal order was published in the
Federal Register on April 13, 2023 (88 FR 22406).
\4\ The October 6, 2023 renewal order, which was effective upon
issuance, was published in the Federal Register on October 13, 2023
(88 FR 70925).
\5\ Section 766.24(d) provides that BIS may seek renewal of a
temporary denial order for additional 180-day renewal periods, if it
believes that renewal is necessary in the public interest to prevent
an imminent violation. In cases demonstrating a pattern of repeated,
ongoing and/or continuous apparent violations, BIS may request the
renewal of a temporary denial order for an additional period not
exceeding one year.
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On September 10, 2024, BIS, through OEE, submitted a written
request for a third renewal of the TDO. The written request was made
more than 20 days before the TDO's scheduled expiration and, given the
temporary suspension of international mail service to Russia, OEE has
attempted to deliver a copy of the renewal request to URAL by
alternative means in accordance with sections 766.5 and 766.24(d) of
the Regulations. No opposition to the renewal of the TDO has been
received.
II. Renewal of the TDO
A. Legal Standard
Pursuant to section 766.24, BIS may issue an order temporarily
denying a
[[Page 81882]]
respondent's export privileges upon a showing that the order is
necessary in the public interest to prevent an ``imminent violation''
of the Regulations, or any order, license or authorization issued
thereunder. 15 CFR 766.24(b)(1) and 766.24(d). ``A violation may be
`imminent' either in time or degree of likelihood.'' 15 CFR
766.24(b)(3). BIS may show ``either that a violation is about to occur,
or that the general circumstances of the matter under investigation or
case under criminal or administrative charges demonstrate a likelihood
of future violations.'' Id. As to the likelihood of future violations,
BIS may show that the violation under investigation or charge ``is
significant, deliberate, covert and/or likely to occur again, rather
than technical or negligent[.]'' Id. A ``lack of information
establishing the precise time a violation may occur does not preclude a
finding that a violation is imminent, so long as there is sufficient
reason to believe the likelihood of a violation.'' Id.
If BIS believes that renewal of a denial order is necessary in the
public interest to prevent an imminent violation, it may file a written
request for renewal, with any modifications if appropriate. 15 CFR
766.24(d)(1). The written request, which must be filed no later than 20
days prior to the TDO's expiration, should set forth the basis for
BIS's belief that renewal is necessary, including any additional or
changed circumstances. Id. ``In cases demonstrating a pattern of
repeated, ongoing and/or continuous apparent violations, BIS may
request the renewal of a temporary denial order for an additional
period not exceeding one year.'' \6\ Id.
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\6\ 88 FR 59791 (Aug. 30, 2023).
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B. The TDO and BIS's Request for Renewal
The U.S. Commerce Department, through BIS, responded to the Russian
Federation's (``Russia's'') further invasion of Ukraine by implementing
a sweeping series of stringent export controls that severely restrict
Russia's access to technologies and other items that it needs to
sustain its aggressive military capabilities. These controls primarily
target Russia's defense, aerospace, and maritime sectors and are
intended to cut off Russia's access to vital technological inputs,
atrophy key sectors of its industrial base, and undercut Russia's
strategic ambitions to exert influence on the world stage. Effective
February 24, 2022, BIS imposed expansive controls on aviation-related
(e.g., Commerce Control List Categories 7 and 9) items to Russia,
including a license requirement for the export, reexport or transfer
(in-country) to Russia of any aircraft or aircraft parts specified in
Export Control Classification Number (``ECCN'') 9A991 (section
746.8(a)(1) of the EAR).\7\ BIS will review any export or reexport
license applications for such items under a policy of denial. See
section 746.8(b). Effective March 2, 2022, BIS excluded any aircraft
registered in, owned, or controlled by, or under charter or lease by
Russia or a national of Russia from being eligible for license
exception Aircraft, Vessels, and Spacecraft (``AVS'') (section 740.15
of the EAR).\8\ Accordingly, any U.S.-origin aircraft or foreign
aircraft that includes more than 25% controlled U.S.-origin content,
and that is registered in, owned, or controlled by, or under charter or
lease by Russia or a national of Russia, is subject to a license
requirement before it can travel to Russia.
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\7\ 87 FR 12226 (Mar. 3, 2022). Additionally, BIS published a
final rule effective April 8, 2022, which imposed licensing
requirements on items controlled on the Commerce Control List
(``CCL'') under Categories 0-2 that are destined for Russia or
Belarus. Accordingly, now all CCL items require export, reexport,
and transfer (in-country) licenses if destined for or within Russia
or Belarus. 87 FR 22130 (Apr. 14, 2022).
\8\ 87 FR 13048 (Mar. 8, 2022).
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OEE's request for renewal for a period of one year is based upon
the facts underlying the issuance of the TDO and the renewal orders
subsequently issued in this matter on April 10, 2023 and October 6,
2023, as well as other evidence developed during this investigation.
This evidence demonstrates that URAL has continued, and continues, to
act in blatant disregard for U.S. export controls and the terms of
previously issued TDOs. Specifically, the initial TDO, issued on
October 13, 2022, was based on evidence that URAL engaged in conduct
prohibited by the Regulations by operating multiple aircraft subject to
the EAR and classified under ECCN 9A991.b on flights into Russia after
March 2, 2022 from destinations including, but not limited to, Bishkek,
Kyrgyzstan; Dushanbe, Tajikistan; Khudzhand, Tajikistan; and Tamchy,
Kyrgyzstan without the required BIS authorization.\9\ Further evidence
indicated that URAL also operated aircraft subject to the EAR on
domestic flights within Russia, potentially in violation of section
736.2(b)(10) of the Regulations.
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\9\ Publicly available flight tracking information shows
multiple flights into Russia, including the following: on September
10, 2022, serial number (SN) 5055 flew from Dushanbe, Tajikistan to
Irkutsk, Russia, and on September 6, 2022, SN5055 flew from
Khudzhand, Tajikistan to Sochi, Russia. In addition, on October 6,
2022, SN 5055 flew from Bishkek, Kyrgyzstan to Samara, Russia.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, URAL continued to
operate aircraft subject to the EAR and classified under ECCN 9A991.b
on flights both into and within Russia, in violation of the Regulations
and the TDO itself.\10\ The April 10, 2023 order detailed flights into
and out of Russia from/to Bishkek, Kyrgyzstan, Dushanbe, Tajikistan,
and Khujand, Tajikistan, as well as within Russia.\11\ The October 6,
2023 order detailed flights into and out of Russia from/to Dushanbe,
Tajikistan, Tamchy, Kyrgyzstan, and Bishkek, Kyrgyzstan, as well as
within Russia.\12\
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\10\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\11\ Publicly available flight tracking information shows that
SN 5055 flew from Dushanbe, Tajikistan to Ufa, Russia on March 20,
2023 and from Osh, Kyrgyzstan to Krasnoyarsk, Russia on March 19,
2023. In addition, on March 19, 2023, SN 2376 flew from Bishkek,
Kyrgyzstan to Yekaterinburg, Russia. On March 6, 2023, SN 1941 flew
from Khujand, Tajikistan to Yekaterinburg, Russia. On March 16,
2023, SN 1941 flew from Sochi, Russia to Moscow, Russia.
\12\ Publicly available flight tracking information shows that
SN 5055 flew from Dushanbe, Tajikistan to Yekaterinburg, Russia on
September 5, 2023. In addition, on August 21, 2023, SN 2376 flew
from Tamchy Kyrgyzstan to Moscow, Russia. On September 4, 2023, SN
1941 flew from Bishkek, Kyrgyzstan to Moscow, Russia.
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Since that time, URAL continued to engage in conduct prohibited by
the TDO and Regulations. In its September 10, 2024 request for TDO
renewal, BIS submitted evidence that URAL continues to operate aircraft
subject to the EAR and classified under ECCN 9A991.b, both on flights
into and within Russia, in violation of the October 6, 2023 renewal
order and/or the Regulations. Specifically, BIS's evidence and related
investigation demonstrates that URAL continued to operate aircraft
subject to the EAR, including, but not limited to, on flights into and
out of Russia from/to Khujand, Tajikistan, Osh, Kyrgyzstan, and
Dushanbe, Tajikistan as well as domestically within Russia. Information
about those flights includes, but is not limited to, the following:
[[Page 81883]]
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Departure/
Tail No. Serial No. Aircraft type arrival cities Dates
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RA-73817...................... 5055 A320-232........ Mineralnye Vody, September 17, 2024.
RU/Khujand, TJ.
RA-73817...................... 5055 A320-232........ Bishkek, KG/ September 14, 2024.
Sochi, RU.
RA-73817...................... 5055 A320-232........ Chelyabinsk, RU/ September 3, 2024.
Khujand, TJ.
RA-73817...................... 5055 A320-232........ Dushanbe, TJ/ September 3, 2024.
Chelyabinsk, RU.
RA-73817...................... 5055 A320-232........ Sochi, RU/ September 1, 2024.
Moscow, RU.
RA-73818...................... 2376 A320-232........ Bishkek, KG/ September 4, 2024.
Yekaterinburg,
RU.
RA-73818...................... 2376 A320-232........ Dushanbe, TJ/ September 3, 2024.
Yekaterinburg,
RU.
RA-73818...................... 2376 A320-232........ Dushanbe, TJ/ September 3, 2024.
Kazan, RU.
RA-73818...................... 2376 A320-232........ Yekaterinburg, September 2, 2024.
RU/Osh, KG.
RA-73818...................... 2376 A320-232........ Bishkek, KG/ August 30, 2024.
Samara, RU.
RA-73798...................... 7206 A321-231........ Moscow, RU/Osh, September 17, 2024.
KG.
RA-73798...................... 7206 A321-231........ Khujand, TJ/ September 16, 2024.
Moscow, RU.
RA-73798...................... 7206 A321-231........ Osh, KG/Moscow, September 4, 2024.
RU.
RA-73798...................... 7206 A321-231........ Bishkek, KG/ September 3, 2024.
Moscow, RU.
RA-73798...................... 7206 A321-231........ Dushanbe, TJ/ September 2, 2024.
Moscow, RU.
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III. Findings
Under the applicable standard set forth in section 766.24 of the
Regulations and my review of the entire record, I find that the
evidence presented by BIS convincingly demonstrates that URAL has acted
in violation of the Regulations and the TDO; that such violations have
been significant and deliberate; and that given the foregoing and the
nature of the matters under investigation, there is a likelihood of
imminent violations. Moreover, I find that renewal for an extended
period is appropriate because URAL has engaged in a pattern of
repeated, ongoing and/or continuous apparent violations of the EAR.
Therefore, renewal of the TDO for one year is necessary in the public
interest to prevent imminent violation of the Regulations and to give
notice to companies and individuals in the United States and abroad
that they should avoid dealing with URAL, in connection with export and
reexport transactions involving items subject to the Regulations and in
connection with any other activity subject to the Regulations.
IV. Order
It is therefore ordered:
First, URAL Airlines JSC, Utrenniy Lane 1-g, Yekaterinburg, Russia,
620025, when acting for or on their behalf, any successors or assigns,
agents, or employees may not, directly or indirectly, participate in
any way in any transaction involving any commodity, software or
technology (hereinafter collectively referred to as ``item'') exported
or to be exported from the United States that is subject to the EAR, or
in any other activity subject to the EAR including, but not limited to:
A. Applying for, obtaining, or using any license (except directly
related to safety of flight), license exception, or export control
document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the EAR except directly related to
safety of flight and authorized by BIS pursuant to section 764.3(a)(2)
of the Regulations, or engaging in any other activity subject to the
EAR except directly related to safety of flight and authorized by BIS
pursuant to section 764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the EAR, or from any other activity subject to the EAR except directly
related to safety of flight and authorized by BIS pursuant to section
764.3(a)(2) of the Regulations.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) to or on behalf of
URAL any item subject to the EAR except directly related to safety of
flight and authorized by BIS pursuant to section 764.3(a)(2) of the
Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by URAL of the ownership, possession, or control of any
item subject to the EAR that has been or will be exported from the
United States, including financing or other support activities related
to a transaction whereby URAL acquires or attempts to acquire such
ownership, possession or control except directly related to safety of
flight and authorized by BIS pursuant to section 764.3(a)(2) of the
Regulations;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from URAL of any item subject to the EAR that
has been exported from the United States except directly related to
safety of flight and authorized by BIS pursuant to section 764.3(a)(2)
of the Regulations;
D. Obtain from URAL in the United States any item subject to the
EAR with knowledge or reason to know that the item will be, or is
intended to be, exported from the United States except directly related
to safety of flight and authorized by BIS pursuant to section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service any item subject to the EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by URAL, or service any item, of
whatever origin, that is owned, possessed or controlled by URAL if such
service involves the use of any item subject to the EAR that has been
or will be exported from the United States except directly related to
safety of flight and authorized by BIS pursuant to section 764.3(a)(2)
of the Regulations. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification, or testing.
Third, that, after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to URAL by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business may also be made subject to the provisions of this
Order.
In accordance with the provisions of sections 766.24(e) of the EAR,
URAL may, at any time, appeal this Order by filing a full written
statement in support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of section 766.24(d) of the EAR,
BIS may seek renewal of this Order by filing a written request not
later than 20 days before the expiration date. A renewal
[[Page 81884]]
request may be opposed by URAL as provided in section 766.24(d), by
filing a written submission with the Assistant Secretary of Commerce
for Export Enforcement, which must be received not later than seven
days before the expiration date of the Order.
A copy of this Order shall be provided to URAL, and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2024-23351 Filed 10-8-24; 8:45 am]
BILLING CODE 3510-DT-P