Nordwind Airlines, Leningradskaya Str., Building 25, Office 27. 28, Moscow Region, Khimki City, 141402, Russia; Modification of June 15, 2023 Renewal of Temporary Denial Order, 42290-42292 [2023-13962]

Download as PDF 42290 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices Federal Officer, at vmoreno@usccr.gov or 1–434–515–0204. SUPPLEMENTARY INFORMATION: This Committee meeting is available to the public through the registration link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Closed captioning is available by selecting ‘‘CC’’ in the meeting platform. To request additional accommodations, please email svillanueva@usccr.gov at least 10 business days prior to the meeting. Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be emailed to Sarah Villanueva at svillanueva@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at 1–434–515–0204. Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via www.facadatabase.gov under the Commission on Civil Rights, Georgia Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at svillanueva@ usccr.gov. ddrumheller on DSK120RN23PROD with NOTICES1 Agenda I. Welcome & Roll Call II. Approval of Minutes III. Announcements and Updates IV. Discussion: Post-Report Activities V. Next Steps VI. Public Comment VII. Adjournment Dated: June 27, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2023–13982 Filed 6–29–23; 8:45 am] BILLING CODE P VerDate Sep<11>2014 19:33 Jun 29, 2023 Jkt 259001 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–41–2023] Foreign-Trade Zone 277—Western Maricopa County, Arizona; Application for Expansion (New Magnet Site); Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Greater Maricopa Foreign Trade Zone, Inc., grantee of FTZ 277, requesting authority to expand its zone under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR 400.2(c)) to include a new magnet site in El Mirage, Arizona. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on June 26, 2023. FTZ 277 was approved by the Board on December 22, 2010 (Board Order 1733, 76 FR 1134, January 7, 2011), reorganized under the ASF on December 16, 2011 (Board Order 1804, 76 FR 80886, December 27, 2011) and expanded on December 23, 2013 (Board Order 1924, 79 FR 2152–2153, January 13, 2014). The zone currently has a service area that includes a portion of Maricopa County and consists of two magnet sites and eight usage-driven sites. The applicant is now requesting authority to expand its zone to include an additional magnet site: Proposed Site 19 (694 acres)—LogistiCenter at Copperwing located on property south of West Peoria Ave. and north of Northern Parkway, with North El Mirage Rd. as the eastern boundary and Litchfield Rd. as the western boundary in El Mirage, Arizona. The proposed new site is adjacent to the Phoenix Customs and Border Protection port of entry. In accordance with the FTZ Board’s regulations, Qahira El-Amin of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is August 29, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to September 13, 2023. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Qahira El-Amin at Qahira.El-Amin@ trade.gov. Dated: June 26, 2023. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2023–13957 Filed 6–29–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Nordwind Airlines, Leningradskaya Str., Building 25, Office 27. 28, Moscow Region, Khimki City, 141402, Russia; Modification of June 15, 2023 Renewal of Temporary Denial Order 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 modify the order that I issued on June 15, 2023, renewing the temporary denial order (‘‘TDO’’) in this matter (‘‘June 15, 2023 renewal order’’).2 OEE has requested that the following party be removed from the TDO: 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 I. Procedural History On June 24, 2022, I signed an order denying the export privileges of Nordwind Airlines (‘‘Nordwind’’) for a 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 June 15, 2023 renewal order was published on June 21, 2023. (88 FR 40202). E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices 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.3 This temporary denial order was subsequently renewed in accordance with section 766.24(d) of the Regulations.4 The renewal order issued on December 20, 2022, and was effective upon issuance.5 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 was received. OEE submitted a separate written request under the Regulations that Pegas Touristik be added to the TDO. On June 15, 2023, I issued an order renewing the Nordwind TDO based upon on-going violations of the TDO and the Regulations including the reexport of aircraft subject to the EAR on flights into Russia from Bokhar, Tajikistan, Tehran, Iran, and Osh, Kyrgyzstan, respectively. The June 15 renewal order also added Pegas Touristik as a related person. OEE has since requested that Pegas Touristik be removed from the TDO to allow the opportunity for additional administrative process under part 766 of the Regulations. Having considered OEE’s request, I find that Pegas Touristik should be removed from the TDO to allow the opportunity for additional administrative process under part 766 of the Regulations. The TDO shall remain in full force and effect as to Nordwind. ddrumheller on DSK120RN23PROD with NOTICES1 II. Order It is therefore ordered: First, Nordwind Airlines, with an address at Leningradskaya str., building 25, office 27. 28, Moscow region, 3 The TDO was published in the Federal Register on June 29, 2022 (87 FR 38704). 4 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. 5 The December 20, 2022 renewal order was published in the Federal Register on December 27, 2022 (87 FR 79725). VerDate Sep<11>2014 19:33 Jun 29, 2023 Jkt 259001 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; PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 42291 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 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 Pegas Touristik and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect until December 12, 2023, unless renewed in accordance with Section 766.24(d) of the Regulations. E:\FR\FM\30JNN1.SGM 30JNN1 42292 Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Notices Dated: June 27, 2023. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–13962 Filed 6–29–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting—Revised The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on Tuesday, July 18, 2023, at 1:00 p.m., Eastern Daylight Time, in the Herbert C. Hoover Building, Room 3884, 1401 Constitution Avenue NW, Washington, DC (enter through Main Entrance on 14th Street between Constitution and Pennsylvania Avenues). This meeting will be virtual. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. The purpose of the meeting is to have Committee members and U.S. Government representatives mutually review updated technical data and policy-driving information that has been gathered. Agenda Open Session 1. Welcome and Introductions. 2. Remarks from the Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. ddrumheller on DSK120RN23PROD with NOTICES1 Closed Session 5. Discussion of matters determined to be exempt from the open meeting and public participation requirements found in sections 1009(a)(1) and 1009(a)(3) of the Federal Advisory Committee Act (FACA) (5 U.S.C. 1001–1014). The exemption is authorized by section 1009(d) of the FACA, which permits the closure of advisory committee meetings, or portions thereof, if the head of the agency to which the advisory committee reports determines such meetings may be closed to the public in accordance with subsection (c) of the Government in the Sunshine Act (5 U.S.C. 552b(c)). In this case, the applicable provisions of 5 U.S.C. 552b(c) are subsection 552b(c)(4), which permits closure to protect trade secrets and commercial or financial information that is privileged or confidential, and subsection VerDate Sep<11>2014 19:33 Jun 29, 2023 Jkt 259001 552b(c)(9)(B), which permits closure to protect information that would be likely to significantly frustrate implementation of a proposed agency action were it to be disclosed prematurely. The closed session of the meeting will involve committee discussions and guidance regarding U.S. Government strategies and policies. The open session will be accessible via teleconference. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov 202–482–2813, no later than July 11, 2023. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on January 3, 2023, pursuant to 5 U.S.C. 1009(d) of the FACA, that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting will be open to the public. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on January 3, 2023, pursuant to 5 U.S.C. chapter 10 of the FACA, (5 U.S.C. 1009(d)), that the portion of the meeting dealing with predecisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting will be open to the public. For more information, contact Ms. Springer via email. Yvette Springer, Committee Liaison Officer. [FR Doc. 2023–13927 Filed 6–29–23; 8:45 am] BILLING CODE 3510–JT–P PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–053] Certain Aluminum Foil From the People’s Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on certain aluminum foil (aluminum foil) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable June 30, 2023. FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0167. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2023, Commerce published the notice of initiation of the first sunset review of the AD order on aluminum foil from China,1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On March 9, 2023, Commerce received a notice of intent to participate in the sunset review from the Aluminum Association Trade Enforcement Working Group and its individual members, Gra¨nges Americas Inc., JW Aluminum Company, Novelis Corporation, and Reynolds Consumer Products, LLC (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act as U.S. producers of aluminum foil, and under section 771(9)(E) of the Act as a business association, a majority of whose members are U.S. producers of the domestic like product. 1 See Certain Aluminum Foil from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915 (March 1, 2023). 3 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Notice of Intent To Participate,’’ dated March 9, 2023. E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42290-42292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13962]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Nordwind Airlines, Leningradskaya Str., Building 25, Office 27. 
28, Moscow Region, Khimki City, 141402, Russia; Modification of June 
15, 2023 Renewal of Temporary Denial Order

    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 modify the order that I issued on June 15, 
2023, renewing the temporary denial order (``TDO'') in this matter 
(``June 15, 2023 renewal order'').\2\ OEE has requested that the 
following party be removed from the TDO:
---------------------------------------------------------------------------

    \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 June 15, 2023 renewal order was published on June 21, 
2023. (88 FR 40202).

Pegas Touristik, a/k/a Pegas Touristik OOO, 5 building 1 Volokolamsk 
Highway, Moscow, Russian Federation, 125080, and
Yenig[ouml]l, Nergiz Sk. No:94/1, Muratpa[scedil]a/Antalya, 
T[uuml]rkiye, 07230

I. Procedural History

    On June 24, 2022, I signed an order denying the export privileges 
of Nordwind Airlines (``Nordwind'') for a

[[Page 42291]]

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.\3\ This 
temporary denial order was subsequently renewed in accordance with 
section 766.24(d) of the Regulations.\4\ The renewal order issued on 
December 20, 2022, and was effective upon issuance.\5\
---------------------------------------------------------------------------

    \3\ The TDO was published in the Federal Register on June 29, 
2022 (87 FR 38704).
    \4\ 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.
    \5\ The December 20, 2022 renewal order was published in the 
Federal Register on December 27, 2022 (87 FR 79725).
---------------------------------------------------------------------------

    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 was received. OEE submitted a 
separate written request under the Regulations that Pegas Touristik be 
added to the TDO. On June 15, 2023, I issued an order renewing the 
Nordwind TDO based upon on-going violations of the TDO and the 
Regulations including the reexport of aircraft subject to the EAR on 
flights into Russia from Bokhar, Tajikistan, Tehran, Iran, and Osh, 
Kyrgyzstan, respectively. The June 15 renewal order also added Pegas 
Touristik as a related person. OEE has since requested that Pegas 
Touristik be removed from the TDO to allow the opportunity for 
additional administrative process under part 766 of the Regulations.
    Having considered OEE's request, I find that Pegas Touristik should 
be removed from the TDO to allow the opportunity for additional 
administrative process under part 766 of the Regulations. The TDO shall 
remain in full force and effect as to Nordwind.

II. Order

    It is therefore ordered:
    First, Nordwind Airlines, with an address at 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
    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 Pegas 
Touristik and shall be published in the Federal Register.
    This Order is effective immediately and shall remain in effect 
until December 12, 2023, unless renewed in accordance with Section 
766.24(d) of the Regulations.


[[Page 42292]]


    Dated: June 27, 2023.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2023-13962 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DT-P

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