Rossiya Airlines, Pilotov St 18-4, St. Petersburg, Russia, 196210, 70780-70782 [2022-25265]

Download as PDF 70780 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is January 20, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 6, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov. 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 On October 24, 2022, BIS, through OEE, submitted a written request for renewal of the TDO that issued on May 20, 2022. The written request was made more than 20 days before the TDO’s scheduled expiration. A copy of the renewal request was sent to Rossiya in accordance with Sections 766.5 and 766.24(d) of the Regulations. No opposition to the renewal of the TDO has been received. Dated: November 15, 2022. Andrew McGilvray, Executive Secretary. II. Renewal of the TDO [FR Doc. 2022–25269 Filed 11–18–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Rossiya Airlines, Pilotov St 18–4, St. Petersburg, Russia, 196210 Order Renewing Temporary Denial of Export Privileges Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730–774 (2021) (‘‘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 May 20, 2022. I find that renewal of this order is necessary in the public interest to prevent an imminent violation of the Regulations. lotter on DSK11XQN23PROD with NOTICES1 I. Procedural History On May 20, 2022, I signed an order denying the export privileges of Rossiya Airlines (‘‘Rossiya’’) for a period of 180 days on the ground that issuance of the order was necessary in the public 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. § 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 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). VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 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. 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 2 The TDO was published in the Federal Register on May 25, 2022 (87 FR 31856). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 exert influence on the world stage. Effective February 24, 2022, BIS imposed expansive controls on aviationrelated (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).3 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).4 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. OEE’s request for renewal is based upon the facts underlying the issuance of the initial TDO and the evidence developed over the course of this investigation, which indicate a blatant disregard for U.S. export controls, as well as the TDO. 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.5 Further evidence submitted by BIS indicated that Rossiya was continuing to operate aircraft subject to the EAR domestically 3 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). 4 87 FR 13048 (Mar. 8, 2022). 5 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 and SN 44435 flew from Dubai, United Arab Emirates to St. Petersburg, Russia. In addition, on March 7, 2022, SN 41202 flew from Sharjah, United Arab Emirates to Moscow, Russia. E:\FR\FM\21NON1.SGM 21NON1 70781 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices on flights within Russia, potentially in violation of Section 736.2(b)(10) of the Regulations. In its October 24, 2022, request for renewal of the TDO, BIS has submitted evidence that Rossiya continues to operate in violation of the May 20, 2022 TDO and/or the Regulations by operating aircraft subject to the EAR and Tail No. RA–73292 RA–73292 RA–73292 RA–73292 RA–73292 RA–73279 RA–73279 RA–73279 RA–73279 RA–73279 RA–73218 RA–73218 RA–73218 RA–73218 RA–73218 RA–73191 RA–73191 RA–73191 RA–73191 RA–73193 RA–73193 RA–73193 RA–73193 RA–73193 Serial No. .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... 28531 28531 28531 28531 28531 28515 28515 28515 28515 28515 35278 35278 35278 35278 35278 33622 33622 33622 33622 33602 33602 33602 33602 33602 Aircraft type 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 777–312 (B773) 737–8Q8 (B738) 737–8Q8 (B738) 737–8Q8 (B738) 737–8Q8 (B738) 737–8Q8 (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) 737–8AS (B738) III. Findings lotter on DSK11XQN23PROD with NOTICES1 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 Rossiya has acted in violation of the Regulations and the TDO; that such violations have been significant, deliberate and covert; and that given the foregoing and the nature of the matters under investigation, there is a likelihood of imminent violations. Therefore, renewal of the TDO 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 VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 classified under ECCN 9A991.b. Specifically, BIS’s evidence and related investigation indicated that after the issuance of the TDO, Rossiya continued to fly aircraft into Russia in violation of the EAR including flights from Antalya and Istanbul, Turkey. Furthermore, Rossiya has continued to operate aircraft subject to the EAR, which were flown Departure/arrival cities ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... Frm 00012 Dates Moscow, RU/Anadyr, RU .................................... Anadyr, RU/Moscow, RU .................................... Khaborovsk, RU/Moscow, RU ............................ Moscow, RU/Khaborovsk, RU ............................ Moscow, RU/Anadyr, RU .................................... Magadan, RU/Moscow, RU ................................ Moscow, RU/Magadan, RU ................................ Magadan, RU/Moscow, RU ................................ Moscow, RU/Magadan, RU ................................ Khaborovsk, RU/Moscow, RU ............................ Antalya, TR/Moscow, RU .................................... Istanbul, TR/Moscow, RU ................................... Kaliningrad, RU/Moscow, RU ............................. Moscow, RU/Kaliningrad, RU ............................. Kaliningrad, RU/Moscow, RU ............................. Antalya, TR/Moscow, RU .................................... Istanbul, TR/St. Petersburg, RU ......................... Moscow, RU/Krasnoyarsk, RU ........................... Krasnoyarsk, RU/Irkutsk, RU .............................. Antalya, TR/Moscow, RU .................................... Istanbul, TR/Moscow, RU ................................... Antalya, TR/Moscow, RU .................................... Antalya, TR/Moscow, RU .................................... Istanbul, TR/St. Petersburg, RU ......................... 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 PO 00000 into Russia on or after March 2, 2022, on flights within Russia, including, but not limited to, between such cities as Anadyr, Russia; Kaliningrad, Russia; Khaborovsk, Russia; Magadan, Russia; and Moscow, Russia, in violation of Section 736.2(b)(10) of the Regulations. Information about those flights includes, but is not limited to, the following: Fmt 4703 Sfmt 4703 November 10, 2022. November 7, 2022. November 5, 2022. November 4, 2022. October 30, 2022. October 17, 2022. October 17, 2022. October 18, 2022. October 23, 2022. October 31, 2022. November 12, 2022. November 11, 2022. September 29, 2022. September 28, 2022. September 28, 2022. November 1, 2022. November 2, 2022. November 4, 2022. November 5, 2022. November 3, 2022. November 4, 2022. November 5, 2022. November 8, 2022. November 9, 2022. 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 (incountry) 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; E:\FR\FM\21NON1.SGM 21NON1 70782 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 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 VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 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 180 days. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2022–25265 Filed 11–18–22; 8:45 am] BILLING CODE 3510–DT–P Act), on September 29, 2022, Commerce published its affirmative final determinations in the countervailing duty investigations of OCTG from Korea and Russia.1 On November 14, 2022, the ITC notified Commerce of its affirmative final determinations that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of subject merchandise from Korea and Russia.2 Scope of the Orders DEPARTMENT OF COMMERCE International Trade Administration [C–580–913, C–821–834] Oil Country Tubular Goods From the Republic of Korea and the Russian Federation: Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing countervailing duty orders on oil country tubular goods (OCTG) from the Republic of Korea (Korea) and the Russian Federation (Russia). AGENCY: DATES: Applicable November 21, 2022. FOR FURTHER INFORMATION CONTACT: Melissa Porpotage (Korea) and Theodore Pearson (Russia), AD/CVD Operations, Offices I and II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1413 and (202) 482–2631, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 The products covered by these orders are OCTG from Korea and Russia. For a complete description of the scope of the orders, see the appendix to this notice. Countervailing Duty Orders As noted above, on November 14, 2022, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determinations in these investigations, in which it found that an industry in the United States is materially injured by reason of subsidized imports of OCTG from Korea and Russia.3 Therefore, in accordance with section 705(c)(2) of the Act, Commerce is issuing these countervailing duty orders. Because the ITC determined that imports of OCTG from Korea and Russia are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea and Russia, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. 1 See Oil Country Tubular Goods from the Republic of Korea: Final Affirmative Countervailing Duty Determination, 87 FR 59056 (September 29, 2022) (Korea Final Determination); see also Oil Country Tubular Goods from the Russian Federation: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 87 FR 59057 (September 29, 2022). 2 See ITC Letter, ‘‘Chairman Transmittal of Determinations to Commerce,’’ dated November 14, 2022. 3 Id. E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70780-70782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25265]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Rossiya Airlines, Pilotov St 18-4, St. Petersburg, Russia, 196210

Order Renewing Temporary Denial of Export Privileges

    Pursuant to Section 766.24 of the Export Administration 
Regulations, 15 CFR parts 730-774 (2021) (``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 May 20, 2022. I find that renewal of this 
order is necessary in the public interest to prevent an imminent 
violation of the Regulations.
---------------------------------------------------------------------------

    \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 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).
---------------------------------------------------------------------------

I. Procedural History

    On May 20, 2022, I signed an order denying the export privileges of 
Rossiya Airlines (``Rossiya'') 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\
---------------------------------------------------------------------------

    \2\ The TDO was published in the Federal Register on May 25, 
2022 (87 FR 31856).
---------------------------------------------------------------------------

    On October 24, 2022, BIS, through OEE, submitted a written request 
for renewal of the TDO that issued on May 20, 2022. The written request 
was made more than 20 days before the TDO's scheduled expiration. A 
copy of the renewal request was sent to Rossiya 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.

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).\3\ 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).\4\ 
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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    \3\ 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).
    \4\ 87 FR 13048 (Mar. 8, 2022).
---------------------------------------------------------------------------

    OEE's request for renewal is based upon the facts underlying the 
issuance of the initial TDO and the evidence developed over the course 
of this investigation, which indicate a blatant disregard for U.S. 
export controls, as well as the TDO. 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.\5\ Further evidence submitted by BIS indicated that 
Rossiya was continuing to operate aircraft subject to the EAR 
domestically

[[Page 70781]]

on flights within Russia, potentially in violation of Section 
736.2(b)(10) of the Regulations.
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    \5\ 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 and SN 44435 flew from 
Dubai, United Arab Emirates to St. Petersburg, Russia. In addition, 
on March 7, 2022, SN 41202 flew from Sharjah, United Arab Emirates 
to Moscow, Russia.
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    In its October 24, 2022, request for renewal of the TDO, BIS has 
submitted evidence that Rossiya continues to operate in violation of 
the May 20, 2022 TDO and/or the Regulations by operating aircraft 
subject to the EAR and classified under ECCN 9A991.b. Specifically, 
BIS's evidence and related investigation indicated that after the 
issuance of the TDO, Rossiya continued to fly aircraft into Russia in 
violation of the EAR including flights from Antalya and Istanbul, 
Turkey. Furthermore, Rossiya has continued to operate aircraft subject 
to the EAR, which were flown into Russia on or after March 2, 2022, on 
flights within Russia, including, but not limited to, between such 
cities as Anadyr, Russia; Kaliningrad, Russia; Khaborovsk, Russia; 
Magadan, Russia; and Moscow, Russia, in violation of Section 
736.2(b)(10) of the Regulations. Information about those flights 
includes, but is not limited to, the following:

----------------------------------------------------------------------------------------------------------------
                                                                         Departure/arrival
             Tail No.                Serial No.       Aircraft type            cities               Dates
----------------------------------------------------------------------------------------------------------------
RA-73292.........................           28531  777-312 (B773).....  Moscow, RU/Anadyr,   November 10, 2022.
                                                                         RU.
RA-73292.........................           28531  777-312 (B773).....  Anadyr, RU/Moscow,   November 7, 2022.
                                                                         RU.
RA-73292.........................           28531  777-312 (B773).....  Khaborovsk, RU/      November 5, 2022.
                                                                         Moscow, RU.
RA-73292.........................           28531  777-312 (B773).....  Moscow, RU/          November 4, 2022.
                                                                         Khaborovsk, RU.
RA-73292.........................           28531  777-312 (B773).....  Moscow, RU/Anadyr,   October 30, 2022.
                                                                         RU.
RA-73279.........................           28515  777-312 (B773).....  Magadan, RU/Moscow,  October 17, 2022.
                                                                         RU.
RA-73279.........................           28515  777-312 (B773).....  Moscow, RU/Magadan,  October 17, 2022.
                                                                         RU.
RA-73279.........................           28515  777-312 (B773).....  Magadan, RU/Moscow,  October 18, 2022.
                                                                         RU.
RA-73279.........................           28515  777-312 (B773).....  Moscow, RU/Magadan,  October 23, 2022.
                                                                         RU.
RA-73279.........................           28515  777-312 (B773).....  Khaborovsk, RU/      October 31, 2022.
                                                                         Moscow, RU.
RA-73218.........................           35278  737-8Q8 (B738).....  Antalya, TR/Moscow,  November 12, 2022.
                                                                         RU.
RA-73218.........................           35278  737-8Q8 (B738).....  Istanbul, TR/        November 11, 2022.
                                                                         Moscow, RU.
RA-73218.........................           35278  737-8Q8 (B738).....  Kaliningrad, RU/     September 29, 2022.
                                                                         Moscow, RU.
RA-73218.........................           35278  737-8Q8 (B738).....  Moscow, RU/          September 28, 2022.
                                                                         Kaliningrad, RU.
RA-73218.........................           35278  737-8Q8 (B738).....  Kaliningrad, RU/     September 28, 2022.
                                                                         Moscow, RU.
RA-73191.........................           33622  737-8AS (B738).....  Antalya, TR/Moscow,  November 1, 2022.
                                                                         RU.
RA-73191.........................           33622  737-8AS (B738).....  Istanbul, TR/St.     November 2, 2022.
                                                                         Petersburg, RU.
RA-73191.........................           33622  737-8AS (B738).....  Moscow, RU/          November 4, 2022.
                                                                         Krasnoyarsk, RU.
RA-73191.........................           33622  737-8AS (B738).....  Krasnoyarsk, RU/     November 5, 2022.
                                                                         Irkutsk, RU.
RA-73193.........................           33602  737-8AS (B738).....  Antalya, TR/Moscow,  November 3, 2022.
                                                                         RU.
RA-73193.........................           33602  737-8AS (B738).....  Istanbul, TR/        November 4, 2022.
                                                                         Moscow, RU.
RA-73193.........................           33602  737-8AS (B738).....  Antalya, TR/Moscow,  November 5, 2022.
                                                                         RU.
RA-73193.........................           33602  737-8AS (B738).....  Antalya, TR/Moscow,  November 8, 2022.
                                                                         RU.
RA-73193.........................           33602  737-8AS (B738).....  Istanbul, TR/St.     November 9, 2022.
                                                                         Petersburg, RU.
----------------------------------------------------------------------------------------------------------------

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 Rossiya has 
acted in violation of the Regulations and the TDO; that such violations 
have been significant, deliberate and covert; and that given the 
foregoing and the nature of the matters under investigation, there is a 
likelihood of imminent violations. Therefore, renewal of the TDO 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;

[[Page 70782]]

    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 
180 days.

Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2022-25265 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-DT-P
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