Washington, DC 20230; Nordwind Airlines, Leningradskaya str., Building 25, office 27. 28, Moscow Region, Khimki city, 141402, Russia, 79275-79277 [2022-28029]
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
audiotape, etc.) should contact FASReasonableAccommodation@usda.gov
or Felice Robinson (Senior Reasonable
Accommodations Specialist),
Felice.Robinson@usda.gov.
Daniel Whitley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2022–28117 Filed 12–23–22; 8:45 am]
BILLING CODE 3410–10–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–38–2022]
Foreign-Trade Zone (FTZ) 45—
Portland, Oregon, Authorization of
Production Activity, Epson Portland
Inc. (Inkjet Ink Printer Bottles (Empty
and Filled) For Retail Sale), Hillsboro,
Oregon
On August 23, 2022, Epson Portland
Inc., submitted a notification of
proposed production activity to the FTZ
Board for its facility within Subzone
45F, in Hillsboro, Oregon.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (87 FR 53456–53457,
August 31, 2022). On December 21,
2022, the applicant was notified of the
FTZ Board’s decision that no further
review of the activity is warranted at
this time. The production activity
described in the notification was
authorized, subject to the FTZ Act and
the FTZ Board’s regulations, including
Section 400.14.
Dated: December 21, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022–28135 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–DS–P
request of the Office of Export
Enforcement (‘‘OEE’’) to renew the
temporary denial order (‘‘TDO’’) issued
in this matter on June 24, 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 24, 2022, I signed an order
denying the export privileges of
Nordwind Airlines (‘‘Nordwind’’) 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 December 1, 2022, BIS, through
OEE, submitted a written request for
renewal of the TDO that issued on June
24, 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 Nordwind
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
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington, DC 20230; Nordwind
Airlines, Leningradskaya str., Building
25, office 27. 28, Moscow Region,
Khimki city, 141402, Russia
TKELLEY on DSK125TN23PROD with NOTICES
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
1 On August 13, 2018, the President signed into
law the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, which
VerDate Sep<11>2014
22:43 Dec 23, 2022
Jkt 259001
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 29, 2022 (87 FR 38704).
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79275
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 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
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).
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
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 June 24, 2022, was
based on evidence that Nordwind
engaged in conduct prohibited by the
Tail No.
RA–73313
RA–73313
RA–73313
RA–73313
RA–73313
RA–73317
RA–73317
RA–73317
RA–73317
RA–73319
RA–73319
RA–73319
RA–73319
RA–73319
Serial No.
35700
35700
35700
35700
35700
40874
40874
40874
40874
42059
42059
42059
42059
42059
Aircraft type
737–82R
737–82R
737–82R
737–82R
737–82R
737–82R
737–82R
737–82R
737–82R
737–8SH
737–8SH
737–8SH
737–8SH
737–8SH
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 indicates that after the
issuance of the TDO, Nordwind
continued to fly aircraft into Russia in
violation of the EAR, including flights
from Hurghada, Egypt, Sharm el-Sheikh,
Egypt, and Bokhtar, Tajikistan.
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)
Dates
Bokhtar, TJ/Moscow, RU ............................................................
Hurghada, EG/Kazan, RU ..........................................................
Hurghada, EG/Perm, RU ............................................................
Hurghada, EG/Kazan, RU ..........................................................
Hurghada, EG/Yekaterinburg, RU ..............................................
Hurghada, EG/Kazan, RU ..........................................................
Hurghada, EG/Yekaterinburg, RU ..............................................
Hurghada, EG/Chelyabinsk, RU .................................................
Hurghada, EG/Moscow, RU .......................................................
Hurghada, EG/Moscow, RU .......................................................
Bokhtar, TJ/Moscow, RU ............................................................
Bokhtar, TJ/Moscow, RU ............................................................
Sharm el-Sheikh, EG/Orenberg, RU ..........................................
Hurghada, EG/Moscow, RU .......................................................
November
December
December
December
December
November
November
December
December
November
December
December
December
December
29, 2022.
2, 2022.
3, 2022.
5, 2022.
8, 2022.
26, 2022.
30, 2022.
1, 2022.
2, 2022.
30, 2022.
1, 2022.
2, 2022.
3, 2022.
6, 2022.
IV. Order
It is therefore ordered:
First Nordwind Airlines,
Leningradskaya str., building 25, office
27. 28, Moscow region, Khimki city,
141402, Russia, 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 Nordwind
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
Nordwind 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 Nordwind 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 Nordwind 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 Nordwind 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
5 Publicly available flight tracking information
shows, for example, that on March 7, 2022, serial
number (‘‘SN’’) 40874 flew from Yerevan, Armenia
to Kazan, Russia; SN 40233 flew from Istanbul,
Turkey to Kazan, Russia; and SN 40236 flew from
Sharm el-Sheikh, Egypt to Moscow, Russia.
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 Nordwind 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 Nordwind, in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
TKELLEY on DSK125TN23PROD with NOTICES
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, Yerevan, Armenia, Istanbul, Turkey,
and Sharm el-Sheikh, Egypt, without
the required BIS authorization.5
In its December 1, 2022, request for
renewal of the TDO, BIS has submitted
evidence that Nordwind continues to
operate in violation of the June 24, 2022
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
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 Nordwind, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Nordwind 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 Nordwind 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,
Nordwind 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 Nordwind 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 Nordwind and shall be published in
the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
TKELLEY on DSK125TN23PROD with NOTICES
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2022–28029 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–DT–P
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Jkt 259001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–813]
Polyethylene Terephthalate Sheet
From the Sultanate of Oman:
Preliminary Results of Changed
Circumstances Review and Intent To
Revoke the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 18, 2022, the
U.S. Department of Commerce
(Commerce) initiated a changed
circumstances review (CCR) of the
antidumping duty order on
polyethylene terephthalate (PET) sheet
from the Sultanate of Oman (Oman). We
preliminarily determine that revocation
of the order is warranted. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 27, 2022.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 10, 2020, Commerce
published the antidumping duty order
on PET sheet from Oman.1 On October
26, 2022, the petitioners 2 (i.e., domestic
producers of subject merchandise)
requested, through a CCR, revocation of
the Order, pursuant to section
751(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.222(g)(1).3 Commerce published the
notice of initiation of the CCR on
November 18, 2022.4 Because the
petitioners did not indicate whether
they account for substantially all of the
domestic production of PET sheet, in
the Initiation Notice we invited
interested parties to submit comments
regarding industry support for the
potential revocation, as well as
1 See Polyethylene Terephthalate Sheet from the
Republic of Korea and the Sultanate of Oman:
Antidumping Duty Orders, 85 FR 55824 (September
10, 2020) (Order).
2 The petitioners are Advanced Extrusion, Inc.,
Good Natured Products, IL dba Ex-Tech Inc., and
Multi-Plastics Extrusions, Inc.
3 See Petitioners’ Letter, ‘‘Request for a ‘No
Interest’ Changed Circumstances Review and
Revocation of the Order,’’ dated October 26, 2022.
4 See Polyethylene Terephthalate Sheet from the
Sultanate of Oman: Notice of Initiation of Changed
Circumstances Review and Consideration of
Revocation of the Antidumping Duty Order, 87 FR
69252 (November 18, 2022) (Initiation Notice).
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79277
comments and/or factual information
regarding the CCR.
On November 22, 2022, OCTAL
Extrusion Corporation (OCTAL
Extrusion), a U.S. producer of PET
sheet, submitted comments in support
of the revocation of the Order.5 We
received no further comments on the
Initiation Notice.
Scope of the Order
The merchandise covered by the
Order is raw, pretreated, or primed
polyethylene terephthalate sheet,
whether extruded or coextruded, in
nominal thicknesses of equal to or
greater than 7 mil (0.007 inches or 177.8
mm) and not exceeding 45 mil (0.045
inches or 1143 mm) (PET sheet). The
scope includes all PET sheet whether
made from prime (virgin) inputs or
recycled inputs, as well as any blends
thereof. The scope includes all PET
sheet meeting the above specifications
regardless of width, color, surface
treatment, coating, lamination, or other
surface finish.
The merchandise subject to the Order
is properly classified under statistical
reporting subheading 3920.62.0090 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Preliminary Results of the Changed
Circumstances Review and Intent To
Revoke the Order
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an antidumping or
countervailing duty order, in whole or
in part, based on a review under section
751(b) of the Act (i.e., a CCR). Section
751(b)(1) of the Act requires a CCR to be
conducted upon receipt of a request
which shows changed circumstances
sufficient to warrant a review. Section
782(h)(2) of the Act gives Commerce the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
order. Section 351.222(g) of Commerce’s
regulations provides that Commerce
will conduct a CCR under 19 CFR
351.216, and may revoke an order (in
whole or in part), if it concludes that: (i)
producers accounting for substantially
all of the production of the domestic
like product to which the order pertains
have expressed a lack of interest in the
relief provided by the order, in whole or
5 See OCTAL Extrusion’s Letter, ‘‘OCTAL
Extrusion’s Comments Supporting Revocation of
AD Order,’’ dated November 22, 2022 (OCTAL
Extrusion’s Letter).
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]]>Agencies
[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79275-79277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28029]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington, DC 20230; Nordwind Airlines, Leningradskaya str.,
Building 25, office 27. 28, Moscow Region, Khimki city, 141402, Russia
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 June 24, 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 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 24, 2022, I signed an order denying the export privileges
of Nordwind Airlines (``Nordwind'') 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 29,
2022 (87 FR 38704).
---------------------------------------------------------------------------
On December 1, 2022, BIS, through OEE, submitted a written request
for renewal of the TDO that issued on June 24, 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 Nordwind 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
[[Page 79276]]
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).
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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 24, 2022, was based on evidence that Nordwind 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, Yerevan, Armenia, Istanbul, Turkey, and Sharm el-Sheikh, Egypt,
without the required BIS authorization.\5\
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\5\ Publicly available flight tracking information shows, for
example, that on March 7, 2022, serial number (``SN'') 40874 flew
from Yerevan, Armenia to Kazan, Russia; SN 40233 flew from Istanbul,
Turkey to Kazan, Russia; and SN 40236 flew from Sharm el-Sheikh,
Egypt to Moscow, Russia.
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In its December 1, 2022, request for renewal of the TDO, BIS has
submitted evidence that Nordwind continues to operate in violation of
the June 24, 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 indicates that after the
issuance of the TDO, Nordwind continued to fly aircraft into Russia in
violation of the EAR, including flights from Hurghada, Egypt, Sharm el-
Sheikh, Egypt, and Bokhtar, Tajikistan. Information about those flights
includes, but is not limited to, the following:
----------------------------------------------------------------------------------------------------------------
Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
----------------------------------------------------------------------------------------------------------------
RA-73313 35700 737-82R (B738) Bokhtar, TJ/Moscow, RU. November 29, 2022.
RA-73313 35700 737-82R (B738) Hurghada, EG/Kazan, RU. December 2, 2022.
RA-73313 35700 737-82R (B738) Hurghada, EG/Perm, RU.. December 3, 2022.
RA-73313 35700 737-82R (B738) Hurghada, EG/Kazan, RU. December 5, 2022.
RA-73313 35700 737-82R (B738) Hurghada, EG/ December 8, 2022.
Yekaterinburg, RU.
RA-73317 40874 737-82R (B738) Hurghada, EG/Kazan, RU. November 26, 2022.
RA-73317 40874 737-82R (B738) Hurghada, EG/ November 30, 2022.
Yekaterinburg, RU.
RA-73317 40874 737-82R (B738) Hurghada, EG/ December 1, 2022.
Chelyabinsk, RU.
RA-73317 40874 737-82R (B738) Hurghada, EG/Moscow, RU December 2, 2022.
RA-73319 42059 737-8SH (B738) Hurghada, EG/Moscow, RU November 30, 2022.
RA-73319 42059 737-8SH (B738) Bokhtar, TJ/Moscow, RU. December 1, 2022.
RA-73319 42059 737-8SH (B738) Bokhtar, TJ/Moscow, RU. December 2, 2022.
RA-73319 42059 737-8SH (B738) Sharm el-Sheikh, EG/ December 3, 2022.
Orenberg, RU.
RA-73319 42059 737-8SH (B738) Hurghada, EG/Moscow, RU December 6, 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 Nordwind 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 Nordwind,
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 Nordwind Airlines, Leningradskaya str., building 25, office
27. 28, Moscow region, Khimki city, 141402, Russia, 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
Nordwind 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 Nordwind 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 Nordwind 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 Nordwind 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 Nordwind 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
[[Page 79277]]
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 Nordwind, or service any item, of
whatever origin, that is owned, possessed or controlled by Nordwind 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 Nordwind 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,
Nordwind 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 Nordwind 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 Nordwind 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. 2022-28029 Filed 12-23-22; 8:45 am]
BILLING CODE 3510-DT-P
