Pobeda Airlines, 108811, Russian Federation, Moscow, p. Moskovskiy, Kievskoe shosse, 22nd km, 4/1. Moscow, Russia; Order Renewing Temporary Denial of Export Privileges, 40200-40202 [2023-13161]
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40200
Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
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Agenda
I. Welcome & Roll Call
II. Discussion: Housing Affordability in
Minnesota
III. Public Comment
IV. Next Steps
V. Adjournment
Dated: June 14, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–13124 Filed 6–20–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
lotter on DSK11XQN23PROD with NOTICES1
Pobeda Airlines, 108811, Russian
Federation, Moscow, p. Moskovskiy,
Kievskoe shosse, 22nd km, 4/1.
Moscow, 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
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.
VerDate Sep<11>2014
18:36 Jun 20, 2023
Jkt 259001
request of the Office of Export
Enforcement (‘‘OEE’’) to renew the
temporary denial order (‘‘TDO’’) issued
in this matter on December 20, 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 Pobeda
Airlines (‘‘Pobeda’’) 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 This
temporary denial order was
subsequently renewed in accordance
with Section 766.24(d) of the
Regulations.3 The renewal order issued
on December 20, 2022 and was effective
upon issuance.4
On May 18, 2023, BIS, through OEE,
submitted a written request for renewal
of the TDO that issued on December 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 Pobeda 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
(‘‘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).
2 The TDO was published in the Federal Register
on June 29, 2022 (87 FR 38707).
3 Section 766.24(d) provides that BIS may seek
renewal of a temporary denial order for additional
180-day renewal periods, if it believes that renewal
is necessary in the public interest to prevent an
imminent violation. Renewal requests are to be
made in writing no later than 20 days before the
scheduled expiration date of a temporary denial
order.
4 The December 20, 2022 renewal order was
published in the Federal Register on December 23,
2022 (87 FR 78925).
PO 00000
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Fmt 4703
Sfmt 4703
‘‘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 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).5 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
5 87
E:\FR\FM\21JNN1.SGM
FR 12226 (Mar. 3, 2022).
21JNN1
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
controlled under CCL Categories 3
through 9 to Belarus.6 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 or Belarus.
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 Pobeda engaged
in conduct prohibited by the
Tail No.
lotter on DSK11XQN23PROD with NOTICES1
RA–73242
RA–73242
RA–73242
RA–73242
RA–73242
RA–73248
RA–73248
RA–73248
RA–73248
RA–73248
RA–73248
RA–73250
RA–73250
RA–73250
RA–73250
RA–73250
RA–73250
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Serial No.
Aircraft type
41227
41227
41227
41227
41227
41238
41238
41238
41238
41238
41238
41242
41242
41242
41242
41242
41242
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
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 Pobeda 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 Pobeda, in
connection with export and reexport
6 87
FR 13048 (Mar. 8, 2022).
available flight tracking information
shows, for example, that on March 6, 2022, serial
number (‘‘SN’’) 64862 flew from Antalya, Turkey to
Moscow, Russia. On March 7, 2022, SN 64863 flew
from Gazipasa, Turkey to Moscow, Russia, and, on
7 Publicly
VerDate Sep<11>2014
18:36 Jun 20, 2023
Jkt 259001
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, Antalya, Turkey, Gazipasa, Turkey,
and Istanbul, Turkey, without the
required BIS authorization.7
As discussed in the December 20,
2022 renewal order, evidence presented
by BIS indicated that, after the renewal
order issued, Pobeda continued to
operate aircraft subject to the EAR and
classified under ECCN 9A991.b on
flights into Russia, in violation of the
Regulations and the TDO itself.8
Specifically, the December 20, 2022
renewal order detailed Siberian’s
continued operation of aircraft subject
to the EAR, including, but not limited
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
Departure/arrival cities
IV. Order
It is therefore ordered:
First, Pobeda Airlines, 108811,
Russian Federation, Moscow, p.
Moskovskiy, Kievskoe shosse, 22nd km,
4/1. Moscow, 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:
March 6, 2022, SN 64864 flew from Istanbul,
Turkey to Mineralnye Vody, Russia.
8 Engaging in conduct prohibited by a denial
order violates the Regulations. 15 CFR 764.1(a) and
(k).
Frm 00009
Dates
Istanbul, TR/Moscow, RU .......................................
Dubai, AE/Moscow, RU ..........................................
Gazipasa, TR/Moscow, RU .....................................
Gyumri, AM/Moscow, RU ........................................
Dubai, AE/Moscow, RU ..........................................
Istanbul, TR/Moscow, RU .......................................
Gyumri, AM/Moscow, RU ........................................
Istanbul, TR/Moscow, RU .......................................
Dubai, AE/Moscow, RU ..........................................
Minsk, BY/Moscow, RU ..........................................
Gazipasa, TR/Moscow, RU .....................................
St. Petersburg, RU/Minsk, BY ................................
Minsk, BY/St. Petersburg, RU ................................
Minsk, BY/Moscow, RU ..........................................
Istanbul, TR/Moscow, RU .......................................
Antalya, TR/Perm, RU ............................................
Minsk, BY/St. Petersburg, RU ................................
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
PO 00000
to, on flights into and between Belarus
and Russia.9
In its May 18, 2023 request for
renewal of the TDO, BIS has submitted
evidence that Pobeda continues to
operate in violation of the December 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 indicates that after the
issuance of the TDO, Pobeda continued
to fly aircraft into Russia in violation of
the EAR, including flights from Gyumri,
Armenia, Antalya, Turkey, and Dubai,
United Arab Emirates, as well as
between Russia and Belarus.
Information about those flights includes,
but is not limited to, the following:
Fmt 4703
Sfmt 4703
May 24, 2023.
May 28, 2023.
June 3, 2023.
June 9, 2023.
June 13, 2023.
May 22, 2023.
May 24, 2023.
May 27, 2023.
May 31, 2023.
June 4, 2023.
June 7, 2023.
May 30, 2023.
May 30, 2023.
June 1, 2023.
June 4, 2023.
June 10, 2023.
June 12, 2023.
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
9 Publicly available flight tracking information
shows, for example, the following flights: (1) on
November 26, 2022, SN 61793 flew from Minsk,
Belarus to Moscow, Russia; (2) on December 3,
2023, SN 41238 flew from Minsk, Belarus to
Moscow, Russia; and (3) on November 24, 2022, SN
64866 flew from Minsk, Belarus to Moscow, Russia.
E:\FR\FM\21JNN1.SGM
21JNN1
lotter on DSK11XQN23PROD with NOTICES1
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
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 Pobeda 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
Pobeda 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 Pobeda 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 Pobeda 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 Pobeda 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 Pobeda, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Pobeda 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 Pobeda by
ownership, control, position of
responsibility, affiliation, or other
VerDate Sep<11>2014
18:36 Jun 20, 2023
Jkt 259001
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, Pobeda
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 Pobeda 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 Pobeda, and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: June 15, 2023.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–13161 Filed 6–20–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Nordwind Airlines, Leningradskaya
Str., Building 25, Office 27. 28, Moscow
Region, Khimki City, 141402, Russia;
Pegas Touristik, a/k/a Pegas Touristik
OOO, 5 Building 1 Volokolamsk
Highway, Moscow, Russian
Federation, 125080, and Yenigo¨l,
Nergiz Sk. No:94/1, Muratpas¸a/Antalya,
Tu¨rkiye, 07230; 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
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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
request of the Office of Export
Enforcement (‘‘OEE’’) to renew the
temporary denial order (‘‘TDO’’) issued
in this matter on December 20, 2022. I
find that renewal of this order, along
with the addition of Pegas Touristik a/
k/a Pegas Touristik OOO (‘‘Pegas
Touristik’’) as a related person, 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 This
temporary denial order was
subsequently renewed in accordance
with Section 766.24(d) of the
Regulations.3 The renewal order issued
on December 20, 2022 and was effective
upon issuance.4
On May 18, 2023, BIS, through OEE,
submitted a written request for renewal
of the Nordwind TDO that issued on
December 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
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. OEE submitted
a separate written request that Pegas
Touristik be added to the TDO as a
related person to Nordwind in
accordance with Section 766.23 of the
Regulations.
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).
3 Section 766.24(d) provides that BIS may seek
renewal of a temporary denial order for additional
180-day renewal periods, if it believes that renewal
is necessary in the public interest to prevent an
imminent violation. Renewal requests are to be
made in writing no later than 20 days before the
scheduled expiration date of a temporary denial
order. Renewal requests may include discussion of
any additional or changed circumstances, and may
seek appropriate modifications to the order,
including the addition of parties as respondents or
related persons.
4 The December 20, 2022 renewal order was
published in the Federal Register on December 27,
2022 (87 FR 79725).
E:\FR\FM\21JNN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40200-40202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13161]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Pobeda Airlines, 108811, Russian Federation, Moscow, p.
Moskovskiy, Kievskoe shosse, 22nd km, 4/1. Moscow, 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 December 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. 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 June 24, 2022, I signed an order denying the export privileges
of Pobeda Airlines (``Pobeda'') 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\ This temporary denial order was
subsequently renewed in accordance with Section 766.24(d) of the
Regulations.\3\ The renewal order issued on December 20, 2022 and was
effective upon issuance.\4\
---------------------------------------------------------------------------
\2\ The TDO was published in the Federal Register on June 29,
2022 (87 FR 38707).
\3\ Section 766.24(d) provides that BIS may seek renewal of a
temporary denial order for additional 180-day renewal periods, if it
believes that renewal is necessary in the public interest to prevent
an imminent violation. Renewal requests are to be made in writing no
later than 20 days before the scheduled expiration date of a
temporary denial order.
\4\ The December 20, 2022 renewal order was published in the
Federal Register on December 23, 2022 (87 FR 78925).
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On May 18, 2023, BIS, through OEE, submitted a written request for
renewal of the TDO that issued on December 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 Pobeda 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).\5\ BIS will review any export or reexport license
applications for such items under a policy of denial. See Section
746.8(b).
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\5\ 87 FR 12226 (Mar. 3, 2022).
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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
[[Page 40201]]
controlled under CCL Categories 3 through 9 to Belarus.\6\ 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 or Belarus.
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\6\ 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 Pobeda 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, Antalya, Turkey, Gazipasa, Turkey, and Istanbul, Turkey, without
the required BIS authorization.\7\
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\7\ Publicly available flight tracking information shows, for
example, that on March 6, 2022, serial number (``SN'') 64862 flew
from Antalya, Turkey to Moscow, Russia. On March 7, 2022, SN 64863
flew from Gazipasa, Turkey to Moscow, Russia, and, on March 6, 2022,
SN 64864 flew from Istanbul, Turkey to Mineralnye Vody, Russia.
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As discussed in the December 20, 2022 renewal order, evidence
presented by BIS indicated that, after the renewal order issued, Pobeda
continued to operate aircraft subject to the EAR and classified under
ECCN 9A991.b on flights into Russia, in violation of the Regulations
and the TDO itself.\8\ Specifically, the December 20, 2022 renewal
order detailed Siberian's continued operation of aircraft subject to
the EAR, including, but not limited to, on flights into and between
Belarus and Russia.\9\
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\8\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.1(a) and (k).
\9\ Publicly available flight tracking information shows, for
example, the following flights: (1) on November 26, 2022, SN 61793
flew from Minsk, Belarus to Moscow, Russia; (2) on December 3, 2023,
SN 41238 flew from Minsk, Belarus to Moscow, Russia; and (3) on
November 24, 2022, SN 64866 flew from Minsk, Belarus to Moscow,
Russia.
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In its May 18, 2023 request for renewal of the TDO, BIS has
submitted evidence that Pobeda continues to operate in violation of the
December 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 indicates that after the
issuance of the TDO, Pobeda continued to fly aircraft into Russia in
violation of the EAR, including flights from Gyumri, Armenia, Antalya,
Turkey, and Dubai, United Arab Emirates, as well as between Russia and
Belarus. Information about those flights includes, but is not limited
to, the following:
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Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
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RA-73242......................... 41227 737-8LJ (B738) Istanbul, TR/Moscow, May 24, 2023.
RU.
RA-73242......................... 41227 737-8LJ (B738) Dubai, AE/Moscow, RU May 28, 2023.
RA-73242......................... 41227 737-8LJ (B738) Gazipasa, TR/Moscow, June 3, 2023.
RU.
RA-73242......................... 41227 737-8LJ (B738) Gyumri, AM/Moscow, June 9, 2023.
RU.
RA-73242......................... 41227 737-8LJ (B738) Dubai, AE/Moscow, RU June 13, 2023.
RA-73248......................... 41238 737-8LJ (B738) Istanbul, TR/Moscow, May 22, 2023.
RU.
RA-73248......................... 41238 737-8LJ (B738) Gyumri, AM/Moscow, May 24, 2023.
RU.
RA-73248......................... 41238 737-8LJ (B738) Istanbul, TR/Moscow, May 27, 2023.
RU.
RA-73248......................... 41238 737-8LJ (B738) Dubai, AE/Moscow, RU May 31, 2023.
RA-73248......................... 41238 737-8LJ (B738) Minsk, BY/Moscow, RU June 4, 2023.
RA-73248......................... 41238 737-8LJ (B738) Gazipasa, TR/Moscow, June 7, 2023.
RU.
RA-73250......................... 41242 737-8LJ (B738) St. Petersburg, RU/ May 30, 2023.
Minsk, BY.
RA-73250......................... 41242 737-8LJ (B738) Minsk, BY/St. May 30, 2023.
Petersburg, RU.
RA-73250......................... 41242 737-8LJ (B738) Minsk, BY/Moscow, RU June 1, 2023.
RA-73250......................... 41242 737-8LJ (B738) Istanbul, TR/Moscow, June 4, 2023.
RU.
RA-73250......................... 41242 737-8LJ (B738) Antalya, TR/Perm, RU June 10, 2023.
RA-73250......................... 41242 737-8LJ (B738) Minsk, BY/St. June 12, 2023.
Petersburg, RU.
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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 Pobeda 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 Pobeda, 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, Pobeda Airlines, 108811, Russian Federation, Moscow, p.
Moskovskiy, Kievskoe shosse, 22nd km, 4/1. Moscow, 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
[[Page 40202]]
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
Pobeda 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 Pobeda 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 Pobeda 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 Pobeda 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 Pobeda 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 Pobeda, or service any item, of
whatever origin, that is owned, possessed or controlled by Pobeda 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 Pobeda 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,
Pobeda 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 Pobeda 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 Pobeda, and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
180 days.
Dated: June 15, 2023.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2023-13161 Filed 6-20-23; 8:45 am]
BILLING CODE 3510-DT-P
