FOR IMMEDIATE RELEASE |
BIS Takes Enforcement Actions Against Three Additional Russian Airlines Operating Aircraft in Violation of U.S. Export Controls and Updates List of Aircraft Operating in Apparent Violation of U.S. Law
WASHINGTON, D.C. – Today, Bureau of Industry and Security (BIS) Assistant Secretary for
Export Enforcement Matthew S. Axelrod issued orders denying the export privileges of three
Russian airlines – Nordwind Airlines, Pobeda Airlines, and S7 Airlines – due to ongoing
apparent violations of the comprehensive export controls imposed on Russia by the Commerce
Department. These three Temporary Denial Orders (TDOs) terminate the right of these airlines
to participate in transactions subject to the Export Administration Regulations (EAR), including
exports and reexports from the United States. Today’s TDOs are issued for 180 days and may be
renewed.
“In response to Russia’s unprovoked invasion of Ukraine, the United States and our partners
have put in place sweeping restrictions on Russia’s aerospace sector,” said Assistant Secretary
of Commerce for Export Enforcement Matthew S. Axelrod. “Today’s actions make a total of
eight different Russian airlines that are now cut off from the parts, components, and maintenance
services they need to sustain operations – all because they continued to violate those
restrictions.”
On February 24, 2022, BIS imposed expansive controls on aviation-related items to Russia,
including a license requirement for the export, reexport or transfer (in-country) to Russia of any
aircraft or aircraft parts on the Commerce Control List.
On March 2, 2022, BIS further 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). Accordingly, any U.S.-origin aircraft or foreign aircraft
that includes more than 25% controlled U.S.-origin content is subject to a license requirement if,
for example, it is Russian-owned or operated and exported to Russia.
The TDOs issued today ban Nordwind Airlines, Pobeda Airlines, and S7 Airlines from
participating in any transactions subject to the EAR, including exports from the United States
and reexports of U.S. items and technologies subject to the EAR from abroad. Today’s TDOs
may be renewed after 180 days.
BIS has led the Department of Commerce’s efforts in response to Russia’s invasion of Ukraine
by taking a number of powerful regulatory and enforcement actions, including issuing public
notice of potential violations of the EAR in the aerospace sector and issuing TDOs on major
Russian airlines Aeroflot, Aviastar, Azur Air, Rossiya, and Utair, as well as Belarus’ flag carrier
Belavia Airlines. The text of the full TDOs are available on BIS’s website here.
BIS also continues to notify the public that providing any form of service to aircraft subject to
the EAR that may have violated these controls on Russia or Belarus requires authorization.
Absent such authorization, any person anywhere—including within Belarus or Russia—risks
violating the EAR and would be subject to BIS enforcement actions, which could include
substantial jail time, fines, loss of export privileges, or other restrictions. By preventing these
aircraft from receiving any service, international flights from Belarus or Russia on these aircraft
are effectively grounded. As part of this effort, BIS periodically updates changes to tail numbers
of planes already on the list that have flown into Russia and/or Belarus in apparent violation of
the EAR. Today, BIS is updating certain tail numbers on this list, which currently totals 159
Russian- and Belarusian-owned/operated aircraft. Current list is available on BIS’s website here.
Additional information on these and other actions taken in response to Russia’s invasion of
Ukraine is available on BIS’s website at: https://bis.doc.gov/index.php/policy-guidance/countryguidance/russia-be….
The issuance of a TDO is one of the most significant civil sanctions under the EAR and is issued
by the Assistant Secretary for Export Enforcement to deny the export privileges of a company or
individual to prevent an imminent or on-going export control violation. The three BIS TDOs
were issued under the authority of the Export Control Reform Act of 2018 and the EAR.
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