[Federal Register Volume 90, Number 217 (Thursday, November 13, 2025)]
[Notices]
[Pages 50938-50940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19863]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of Export Privileges: Rossiya
Airlines, Pilotov St 18-4, St. Petersburg, Russia, 196210
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 November 5, 2024. 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 Rossiya Airlines (``Rossiya'') 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
(``NDAA''), which includes the Export Control Reform Act of 2018, 50
U.S.C. 4801-4852 (``ECRA''). While Section 1766 of the NDAA repeals
the provisions of the Export Administration Act, 50 U.S.C. 4601 et
seq. (``EAA''), (except for three sections which are inapplicable
here), Section 1768 of the NDAA 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effect according to their terms until modified, superseded, set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 4820(a)(5) of ECRA
authorizes the issuance of temporary denial orders.
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I. Procedural History
On May 20, 2022, the then-Assistant Secretary of Commerce for
Export Enforcement signed an order denying Rossiya's 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
TDO was subsequently renewed in accordance with Section 766.24(d) of
the Regulations on November 15, 2022.\3\ Subsequent renewal orders were
issued on May 12, 2023, November 8, 2023, and November 5, 2024,
respectively, and were also effective upon issuance.\4\
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\2\ The TDO was published in the Federal Register on May 25,
2022 (87 FR 31856).
\3\ The November 15, 2022 renewal order was published in the
Federal Register on November 21, 2022 (87 FR 70780). At the time of
the renewal, Section 766.24(d) provided 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.
\4\ The May 12, 2023 renewal order was published in the Federal
Register on May 17, 2023 (88 FR 31483). The November 8, 2023 renewal
order was published in the Federal Register on November 14, 2023 (88
FR 77952). The November 5, 2024 renewal order was published in the
Federal Register on November 8, 2024 (89 FR 88721).
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On October 6, 2025, BIS, through OEE, submitted a written request
for a 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 Rossiya 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 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
[[Page 50939]]
an additional period not exceeding one year.'' \5\ Id.
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\5\ 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 by imposing 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).\6\ 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).\7\ 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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\6\ 87 FR 12226 (Mar. 3, 2022).
\7\ 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 initial TDO and the renewal
orders subsequently issued in this matter on November 15, 2022, May 12,
2023, November 8, 2023, and November 5, 2024, as well as other evidence
developed during this investigation. This evidence demonstrates that
Rossiya 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 May 20, 2022, was based on
evidence that Rossiya 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, Hurghada, Egypt; Sharm el-
Sheikh, Egypt; Dubai, United Arab Emirates; and Sharjah, United Arab
Emirates, without the required BIS authorization.\8\ Further evidence
indicated that Rossiya also operated aircraft subject to the EAR
domestically on flights within Russia, potentially in violation of
Section 736.2(b)(10) of the Regulations.
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\8\ Publicly available flight tracking information shows that on
March 8, 2022, serial number (SN) 27650 flew from Hurghada, Egypt to
Moscow, Russia. On March 6, 2022, SN 41212 flew from Sharm el-
Sheikh, Egypt to St. Petersburg, Russia. In addition, on March 6,
2022, SN 44435 flew from Dubai, United Arab Emirates to St.
Petersburg, Russia. Similarly, on March 7, 2022, SN 41202 flew from
Sharjah, United Arab Emirates to Moscow, Russia.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, Rossiya 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.\9\ The November 15, 2022 renewal order detailed
flights into and out of Russia from/to Antalya and Istanbul, Turkey, as
well as within Russia.\10\ The May 12, 2023 renewal order detailed
flights into and out of Russia from/to Hurghada and Sharm el-Sheikh,
Egypt and Istanbul, Turkey.\11\ Similarly, the November 8, 2023 renewal
order detailed flights into and out of Russia from/to Bishkek,
Kyrgyzstan, Samarkand, Uzbekistan, and Hurghada and Sharm el-Sheikh,
Egypt.\12\ Additionally, the November 5, 2024 renewal order detailed
flights into and out of Russia from/to Sanya, China and Bishkek,
Kyrgyzstan, as well as domestically within Russia.\13\
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\9\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\10\ Publicly available flight tracking information shows that
SN 35278 flew from Antalya, Turkey to Moscow, Russia on November 12,
2022 and from Kaliningrad, Russia to Moscow, Russia on September 29,
2022. In addition, SN 33622 flew from Istanbul, Turkey to St.
Petersburg, Russia on November 2, 2022 and from Krasnoyarsk, Russia
to Irkutsk, Russia on November 5, 2022.
\11\ Publicly available flight tracking information shows that
SN 34900 flew from Sharm el-Sheikh, Egypt to Moscow, Russia on March
20, 2023. Additionally, SN 34897 flew from Istanbul, Turkey to
Moscow, Russia on March 16, 2023 and SN 28515 flew from Magadan,
Russia to Anadyr, Russia on April 25, 2023.
\12\ Publicly available flight tracking information shows that
SN 34900 flew from Bishkek, Kyrgyzstan to Krasnoyarsk, Russia on
November 3, 2023 and from Sharm el-Sheikh, Egypt to Moscow, Russia
on September 21, 2023. In addition, SN 35278 flew from Samarkand,
Uzbekistan to St. Petersburg, Russia on August 4, 2023. On November
1 to November 2, 2023, SN 34897 flew from Hurghada, Egypt to Samara,
Russia.
\13\ Publicly available flight tracking information shows that
SN 34900 flew from Sanya, China to Krasnoyarsk, Russia on October
18, 2024. Additionally, SN 34897 flew from Bishkek, Kyrgyzstan to
Krasnoyarsk, Russia on August 28, 2024. Also on August 28, 2024, SN
28531 flew from Magadan, Russia to Moscow, Russia.
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Since that time, Rossiya has continued to engage in conduct
prohibited by the applicable TDO and Regulations. In its October 6,
2025 request for renewal of the TDO, BIS submitted evidence that
Rossiya 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 November 5, 2024 renewal order and/or the Regulations.
Specifically, BIS's evidence and related investigation demonstrates
that Rossiya continued to operate aircraft subject to the EAR,
including, but not limited to, on flights into and out of Russia from/
to Samarkand, Uzbekistan, Sharm el-Sheikh and Hur Ghada, Egypt, as well
as domestically within Russia. Information about those flights
includes, but is not limited to, the following:
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Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
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RA-73188........................ 34900 737-8GJ Perm, RU/Sochi, RU.... September 22, 2025.
RA-73188........................ 34900 737-8GJ Tomsk, RU/Sochi, RU... September 20, 2025.
RA-73188........................ 34900 737-8GJ Samarkand, UZ/St. March 28, 2025.
Petersburg, RU.
RA-73192........................ 34897 737-8GJ Sochi, RU/Novosibirsk, September 21, 2025.
RU.
RA-73192........................ 34897 737-8GJ Ufa, RU/Sochi, RU..... September 20, 2025.
RA-73192........................ 34897 737-8GJ Samarkand, UZ/St. February 28, 2025.
Petersburg, RU.
RA-73211........................ 41232 737-8LJ Sharm el-Sheikh, EG/ October 5, 2025.
Ufa, RU.
RA-73211........................ 41232 737-8LJ Kazan, RU/Sharm el- October 3, 2025.
Sheikh, EG.
RA-73211........................ 41232 737-8LJ Hurghada, EG/Moscow, September 30, 2025.
RU.
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[[Page 50940]]
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 demonstrates that Rossiya has acted in
violation of the Regulations and the TDO; that such violations have
been significant, 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 Rossiya 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 Rossiya, 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, Rossiya Airlines, Pilotov St 18-4, St. Petersburg, Russia,
196210, 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
Rossiya 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 Rossiya 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 Rossiya 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 Rossiya 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 Rossiya 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 Rossiya, or service any item, of
whatever origin, that is owned, possessed or controlled by Rossiya 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 Rossiya 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,
Rossiya 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 request may be
opposed by Rossiya 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 Rossiya and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
one year.
Dated: November 4, 2025.
David Peters,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2025-19863 Filed 11-12-25; 8:45 am]
BILLING CODE 3510-DT-P