Order Renewing Temporary Denial of Export Privileges, 77550-77552 [2022-27396]
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
Persons who desire additional
information may contact the Regional
Programs Unit at (202) 809–9618.
Records and documents discussed
during the meeting will be available for
public viewing as they become available
at the www.facadatabase.gov. Persons
interested in the work of this advisory
committee are advised to go to the
Commission’s website, www.usccr.gov,
or to contact the Regional Programs Unit
at the above phone number or email
address.
Agenda
Wednesday, January 11, 2023; 12:00
p.m. (CT)
1. Welcome & Roll Call
2. Chair’s Comments
3. Discussion on briefing planning for
the project on voting rights
4. Next Steps
5. Public Comment
6. Adjourn
Dated: December 14, 2022.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2022–27444 Filed 12–16–22; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meeting of the Puerto
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Commission on Civil Rights.
Announcement of meeting.
AGENCY:
ACTION:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that a meeting of the Puerto
Rico Advisory Committee to the
Commission will convene by virtual
web conference on Monday, January 23,
2023, at 3:30 p.m. Atlantic Time (2:30
p.m. Eastern Time). The purpose is to
discuss their project on the civil rights
impacts of the Insular Cases in Puerto
Rico.
DATES: January 23, 2023, Monday, at
3:30 p.m. (AT):
• To join by web conference, use
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• To join by phone only, dial 1–551–
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FOR FURTHER INFORMATION CONTACT:
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or by phone at 434–515–0204.
SUPPLEMENTARY INFORMATION: This
meeting will be held in Spanish with
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meeting is available to the public
tkelley on DSK125TN23PROD with NOTICE
SUMMARY:
VerDate Sep<11>2014
19:38 Dec 16, 2022
Jkt 259001
through the link above. If joining only
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Records and documents discussed
during the meeting will be available for
public viewing as they become available
at the www.facadatabase.gov. Persons
interested in the work of this advisory
committee are advised to go to the
Commission’s website, www.usccr.gov,
or to contact the Regional Programs Unit
at the above phone number or email
address.
Agenda
Monday, January 23, 2022; 3:30 p.m.
Atlantic Time (2:30 p.m. ET)
1. Welcome & Roll Call
2. Committee Discussion on Project
Regarding the Civil Rights Impacts
of the Insular Cases in Puerto Rico
3. Next Steps
4. Public Comment
5. Other Business
6. Adjourn
Dated: December 14, 2022.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2022–27443 Filed 12–16–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of
Export Privileges
Belavia Belarusian Airlines, 14A Nemiga str.,
Minsk, Belarus, 220004
Pursuant to section 766.24 of the
Export Administration Regulations, 15
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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 June 16, 2022. I find
that renewal of this order is necessary
in the public interest to prevent an
imminent violation of the Regulations.
I. Procedural History
On June 16, 2022, I signed an order
denying the export privileges of Belavia
Belarusian Airlines (‘‘Belavia’’) 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
On November 21, 2022, BIS, through
OEE, submitted a written request for
renewal of the TDO that issued on June
16, 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 Belavia 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
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 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).
2 The TDO was published in the Federal Register
on June 22, 2022 (87 FR 37309).
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
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 aviationTail No.
EW–455PA
EW–455PA
EW–455PA
EW–455PA
EW–455PA
EW–455PA
EW–456PA
EW–456PA
EW–456PA
EW–456PA
EW–457PA
EW–457PA
EW–457PA
EW–457PA
EW–457PA
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
Serial No.
61421
61421
61421
61421
61421
61421
61422
61422
61422
61422
61423
61423
61423
61423
61423
tkelley on DSK125TN23PROD with NOTICE
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 Belavia has acted in
violation of the Regulations and the
3 87
FR 12226 (Mar. 3, 2022).
FR 13048 (Mar. 8, 2022).
5 87 FR 22130 (Apr. 14, 2022).
4 87
VerDate Sep<11>2014
19:38 Dec 16, 2022
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), and as part of the same rule,
imposed a license requirement for the
export, reexport, or transfer (in-country)
of all items controlled under CCL
Categories 3 through 9 to Belarus.4 On
April 8, 2022, BIS excluded any aircraft
registered in, owned, controlled by, or
under charter or lease by Belarus or a
national of Belarus from eligibility to
use license exception AVS for travel to
Russia or Belarus.5 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 Belarus or
a national of Belarus, is subject to a
license requirement before it can travel
to Russia or Belarus.
Jkt 259001
Aircraft type
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
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 June 16, 2022, was
based on evidence that Belavia engaged
in conduct prohibited by the
Regulations by operating multiple
aircraft subject to the EAR and classified
under ECCN 9A991.b on flights into
Belarus after April 8, 2022 from
destinations including but not limited
to, Moscow, Russia; St. Petersburg,
Russia; Antalya, Turkey; Istanbul,
Turkey; Tbilisi, Georgia; Batumi,
Georgia; Sharjah, United Arab Emirates;
and Sharm el-Sheikh, Egypt, without
the required BIS authorization.6
In its November 21, 2022 request for
renewal of the TDO, BIS has submitted
evidence that Belavia continues to
operate in violation of the June 16, 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, Belavia continued
to fly aircraft into Belarus in violation
of the EAR, including flights from St.
Petersburg and Moscow Russia;
Istanbul, Turkey; and Sharjah, UAE.
Information about those flights includes,
but is not limited to, the following:
Departure/arrival cities
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
Dates
Moscow, RU/Minsk, BY ...............................
Istanbul, TR/Minsk, BY ................................
Istanbul, TR/Minsk, BY ................................
Istanbul, TR/Minsk, BY ................................
Tbilisi, GE/Minsk, BY ...................................
Istanbul, TR/Minsk, BY ................................
Hurghada, EG/Minsk, BY ............................
Moscow, RU/Minsk, BY ...............................
Moscow, RU/Minsk, BY ...............................
St. Petersburg, RU/Minsk, BY .....................
Sharjah, AE/Minsk, BY ................................
St. Petersburg, RU/Minsk, BY .....................
Tbilisi, GE/Minsk, BY ...................................
Minsky, BY/Moscow, RU .............................
Moscow, RU/Minsk, BY ...............................
November
November
November
November
December
December
November
November
December
December
November
November
December
December
December
15, 2022.
16, 2022.
17, 2022.
18, 2022.
6, 2022.
9, 2022.
17, 2022.
18, 2022.
6, 2022.
9, 2022.
12, 2022.
17, 2022.
5, 2022.
7, 2022.
7, 2022
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 Belavia in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
6 Publicly available flight tracking information
shows, for example, that on May 10, 2022, serial
number (SN) 61423 flew from Moscow, Russia to
Minsk, Belarus. On June 14, 2022, SN 61422 flew
from Istanbul, Turkey to Minsk, Belarus and SN
40877 flew from Sharjah, United Arab Emirates to
Minsk, Belarus.
PO 00000
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Federal Register / Vol. 87, No. 242 / Monday, December 19, 2022 / Notices
tkelley on DSK125TN23PROD with NOTICE
any other activity subject to the
Regulations.
IV. Order
It is Therefore Ordered:
First, Belavia Belarusian Airlines, 14A
Nemiga str., Minsk, Belarus, 220004,
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 (incountry) to or on behalf of Belavia 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
Belavia 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 Belavia 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
VerDate Sep<11>2014
19:38 Dec 16, 2022
Jkt 259001
acquisition from Belavia 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 Belavia 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 Belavia, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Belavia 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 Belavia 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, Belavia
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 Belavia 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 Belavia, and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
PO 00000
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Fmt 4703
Sfmt 4703
Dated: December 13, 2022.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2022–27396 Filed 12–16–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
United States Mexico Canada
Agreement (USMCA), Article 10.12;
Binational Panel Review: Notice of
Completion of Panel Review
United States Section, USMCA
Secretariat, International Trade
Administration, Department of
Commerce.
AGENCY:
Notice of completion of panel
review in the matter of Large Diameter
Welded Pipe from Canada: Final Results
of the Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2018–
2020 (Secretariat File Number USA–
CDA–2022–10.12–01).
ACTION:
On December 9, 2022, the
USMCA Secretariat received a Consent
Motion to Terminate Panel Review from
Hogan Lovells US LLC on behalf of
Evraz Inc. NA in the above-mentioned
dispute. As a result, and pursuant to
Rule 75(2) of the USMCA Rules of
Procedure for Article 10.12 (Binational
Panel Review), the USMCA dispute
USA–CDA–2022–10.12–01 has been
terminated effective December 9, 2022.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Vidya Desai, United States Secretary,
USMCA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, 202–482–5438.
Article
10.12 of the USMCA establishes a
mechanism to provide an alternative to
judicial review by domestic courts of
final determinations in antidumping
and countervailing duty cases, with
review by independent binational
panels. A Panel is established when a
Request for Panel Review is filed with
the Secretariat by an industry asking for
a review of an investigating authority’s
decision involving imports from a Party
to the Agreement. For the complete
USMCA Rules of Procedure for Article
10.12 (Binational Panel Reviews), please
see https://can-mex-usa-sec.org/
secretariat/agreement-accord-acuerdo/
usmca-aceum-tmec/rules-regles-reglas/
article-article-articulo_10_
12.aspx?lang=eng.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19DEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77550-77552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27396]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of Export Privileges
Belavia Belarusian Airlines, 14A Nemiga str., Minsk, Belarus, 220004
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 June 16, 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. 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).
---------------------------------------------------------------------------
I. Procedural History
On June 16, 2022, I signed an order denying the export privileges
of Belavia Belarusian Airlines (``Belavia'') 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 June 22,
2022 (87 FR 37309).
---------------------------------------------------------------------------
On November 21, 2022, BIS, through OEE, submitted a written request
for renewal of the TDO that issued on June 16, 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 Belavia 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
[[Page 77551]]
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), and as part
of the same rule, imposed a license requirement for the export,
reexport, or transfer (in-country) of all items controlled under CCL
Categories 3 through 9 to Belarus.\4\ On April 8, 2022, BIS excluded
any aircraft registered in, owned, controlled by, or under charter or
lease by Belarus or a national of Belarus from eligibility to use
license exception AVS for travel to Russia or Belarus.\5\ 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 Belarus or a national of
Belarus, is subject to a license requirement before it can travel to
Russia or Belarus.
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\3\ 87 FR 12226 (Mar. 3, 2022).
\4\ 87 FR 13048 (Mar. 8, 2022).
\5\ 87 FR 22130 (Apr. 14, 2022).
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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 June 16, 2022, was based on evidence that Belavia engaged in
conduct prohibited by the Regulations by operating multiple aircraft
subject to the EAR and classified under ECCN 9A991.b on flights into
Belarus after April 8, 2022 from destinations including but not limited
to, Moscow, Russia; St. Petersburg, Russia; Antalya, Turkey; Istanbul,
Turkey; Tbilisi, Georgia; Batumi, Georgia; Sharjah, United Arab
Emirates; and Sharm el-Sheikh, Egypt, without the required BIS
authorization.\6\
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\6\ Publicly available flight tracking information shows, for
example, that on May 10, 2022, serial number (SN) 61423 flew from
Moscow, Russia to Minsk, Belarus. On June 14, 2022, SN 61422 flew
from Istanbul, Turkey to Minsk, Belarus and SN 40877 flew from
Sharjah, United Arab Emirates to Minsk, Belarus.
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In its November 21, 2022 request for renewal of the TDO, BIS has
submitted evidence that Belavia continues to operate in violation of
the June 16, 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, Belavia continued to fly aircraft into Belarus in
violation of the EAR, including flights from St. Petersburg and Moscow
Russia; Istanbul, Turkey; and Sharjah, UAE. Information about those
flights includes, but is not limited to, the following:
----------------------------------------------------------------------------------------------------------------
Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
----------------------------------------------------------------------------------------------------------------
EW-455PA......................... 61421 737-8ZM (B738) Moscow, RU/Minsk, BY November 15, 2022.
EW-455PA......................... 61421 737-8ZM (B738) Istanbul, TR/Minsk, November 16, 2022.
BY.
EW-455PA......................... 61421 737-8ZM (B738) Istanbul, TR/Minsk, November 17, 2022.
BY.
EW-455PA......................... 61421 737-8ZM (B738) Istanbul, TR/Minsk, November 18, 2022.
BY.
EW-455PA......................... 61421 737-8ZM (B738) Tbilisi, GE/Minsk, December 6, 2022.
BY.
EW-455PA......................... 61421 737-8ZM (B738) Istanbul, TR/Minsk, December 9, 2022.
BY.
EW-456PA......................... 61422 737-8ZM (B738) Hurghada, EG/Minsk, November 17, 2022.
BY.
EW-456PA......................... 61422 737-8ZM (B738) Moscow, RU/Minsk, BY November 18, 2022.
EW-456PA......................... 61422 737-8ZM (B738) Moscow, RU/Minsk, BY December 6, 2022.
EW-456PA......................... 61422 737-8ZM (B738) St. Petersburg, RU/ December 9, 2022.
Minsk, BY.
EW-457PA......................... 61423 737-8ZM (B738) Sharjah, AE/Minsk, November 12, 2022.
BY.
EW-457PA......................... 61423 737-8ZM (B738) St. Petersburg, RU/ November 17, 2022.
Minsk, BY.
EW-457PA......................... 61423 737-8ZM (B738) Tbilisi, GE/Minsk, December 5, 2022.
BY.
EW-457PA......................... 61423 737-8ZM (B738) Minsky, BY/Moscow, December 7, 2022.
RU.
EW-457PA......................... 61423 737-8ZM (B738) Moscow, RU/Minsk, BY December 7, 2022
----------------------------------------------------------------------------------------------------------------
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 Belavia 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 Belavia in
connection with export and reexport transactions involving items
subject to the Regulations and in connection with
[[Page 77552]]
any other activity subject to the Regulations.
IV. Order
It is Therefore Ordered:
First, Belavia Belarusian Airlines, 14A Nemiga str., Minsk,
Belarus, 220004, 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
Belavia 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 Belavia 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 Belavia 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 Belavia 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 Belavia 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 Belavia, or service any item, of
whatever origin, that is owned, possessed or controlled by Belavia 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 Belavia 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,
Belavia 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 Belavia 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 Belavia, and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
180 days.
Dated: December 13, 2022.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2022-27396 Filed 12-16-22; 8:45 am]
BILLING CODE 3510-DT-P
