FOR IMMEDIATE RELEASE |
Commerce Identifies Aircraft Exported to Russia In Apparent Violation of the Export Administration Regulations (EAR)
WASHINGTON, D.C. – Today, the U.S. Commerce Department, through its Bureau of
Industry and Security (BIS), publicly identified commercial and private aircraft that have flown
into Russia in apparent violation of the Export Administration Regulations (EAR). In so doing,
BIS is notifying the public that providing any form of service to these aircraft requires
authorization. Absent such authorization, any person anywhere—including within 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, for example including from abroad, international flights from
Russia on these aircraft are effectively grounded. Today’s actions are part of BIS’s response to
Russia’s further invasion of Ukraine.
“Today, the Department of Commerce is demonstrating the power and reach of the actions we
took over the past few weeks in response to Russia’s brutal war of choice against Ukraine,” said
Secretary of Commerce Gina M. Raimondo. “We are publishing this list to put the world on
notice—we will not allow Russian and Belarusian companies and oligarchs to travel with
impunity in violation of our laws.”
“The actions we have taken to date have isolated Russia and Belarus from the global economy,
and I hope that today’s action brings that fact home to the Russian businesses and oligarchs that
seek to continue their operations,” said Deputy Secretary of Commerce Don Graves. “We are
working with our allies and partners to ensure that Russia and Belarus understand that our
actions aren’t idle words or dead letters on the page. They have real teeth and as Putin’s vicious
war continues, they will continue to bite harder on the Russian and Belarusian economies.”
“Commitment to the rule of law is one of the democratic principles that we and our allies and
partners stand for as we stand with the people of Ukraine,” said Assistant Secretary of
Commerce for Export Enforcement Matthew S. Axelrod. “Today’s action lets Vladimir Putin’s
enablers know that, as a consequence of their actions, they have fewer places to hide and fewer
ways to get there.”
Effective February 24, 2022, BIS imposed expansive and stringent controls on aviation-related
items destined for Russia, including a new license requirement for specified aircraft or aircraft
parts. Effective March 2, 2022, BIS imposed similar controls on Belarus, including this new
license requirement. As a result, any aircraft manufactured in the United States, or that is
manufactured in a foreign country and includes more than 25% U.S.-origin controlled content, is
subject to a license requirement if such aircraft is destined for Russia.
Since March 2, 2022, based on publicly available information, BIS has identified a number of
commercial and private flights from third countries to Russia, all of which are owned or
controlled by, or under charter or lease to, Russia or Russian nationals, and has listed those
aircraft below. Accordingly, any subsequent actions taken with regard to any of the listed
aircraft, including, but not limited to, refueling, maintenance, repair, or the provision of spare
parts or services, are subject to the prohibitions outlined in General Prohibition Ten of the EAR
(Section 736.2(b)(10)), which provides:
(10) General Prohibition Ten - Proceeding with transactions with knowledge that a
violation has occurred or is about to occur (Knowledge Violation to Occur). You may
not sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan,
dispose of, transport, forward, or otherwise service, in whole or in part, any item subject
to the EAR and exported or to be exported with knowledge that a violation of the Export
Administration Regulations, the Export Administration Act or any order, license, License
Exception, or other authorization issued thereunder has occurred, is about to occur, or is
intended to occur in connection with the item. Nor may you rely upon any license or
License Exception after notice to you of the suspension or revocation of that license or
exception. There are no License Exceptions to this General Prohibition Ten in part 740
of the EAR.
BIS today is publishing this identifying information for aircraft involving an apparent violation
of the EAR to notify all persons and companies in the United States and abroad that providing
any form of service to these aircraft may constitute a violation of the EAR. Please note this list
is not exhaustive and the restrictions also apply in any situation in which a person has knowledge
that a violation of the EAR has occurred, is about to occur, or is intended to occur in connection
with an aircraft or other item that is subject to the EAR, whether or not such aircraft or other item
is included on this list. This list will be updated as circumstances warrant.
Additional BIS resources on export controls implemented in response to Russia’s invasion of
Ukraine are available at:
https://bis.doc.gov/index.php/policy-guidance/country-guidance/Russia-b…
The public may submit confidential enforcement tips via the BIS website:
https://www.bis.doc.gov/index.php/component/rsform/form/14?task=forms.e…,
or by calling the Enforcement Hotline at 1-800-424-2980.
These BIS actions were taken under the authority of the Export Control Reform Act of 2018 and
its implementing regulations, the Export Administration Regulations (EAR). For more
information, visit www.bis.doc.gov.