Belavia Belarusian Airlines, 4A, Nemiga str., Minsk, Belarus, 220004; Order Renewing Temporary Denial of Export Privileges, 85209-85211 [2023-26896]
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
II. Method of Collection
Some program offices may use some
form of electronic collection. This could
include web pages, email or other
online data management systems.
Recipients may be required to enter and
retrieve information pertinent to their
awards through electronic forms closely
resembling the paper forms (i.e., fillable
PDFs or tailored online data
management systems). Such technology
support is expected to improve
standardization and timeliness of
recipient reporting and to ease further
analyses of reported data.
III. Data
OMB Control Number: 0690–NEW.
Form Number(s): Varies or None.
Type of Review: Regular submission.
This is a new information collection.
Affected Public: Individuals or
households; Private Sector; Not-forprofit institutions; State, Local, or Tribal
government.
Estimated Number of Respondents:
5,000.
Estimated Time per Response: Varies.
Estimated Total Annual Burden
Hours: 50,000.
Respondent’s Obligation: Voluntary or
Mandatory.
ddrumheller on DSK120RN23PROD with NOTICES1
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
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cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–25750 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–17–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Belavia Belarusian Airlines, 4A,
Nemiga str., Minsk, Belarus, 220004;
Order Renewing Temporary Denial of
Export Privileges
Pursuant to section 766.24 of the
Export Administration Regulations, 15
CFR parts 730–774 (‘‘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 7, 2023. I find that
renewal of this order is necessary in the
public interest to prevent an imminent
violation of the Regulations and that
renewal for an extended period is
appropriate because Belavia Belarusian
Airlines (‘‘Belavia’’) has engaged in a
pattern of repeated, ongoing and/or
continuous apparent violations of the
EAR.
I. Procedural History
On June 16, 2022, I signed an order
denying Belavia’s export privileges 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 The
TDO was subsequently renewed on
1 On August 13, 2018, the President signed into
law the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, which
includes the Export Control Reform Act of 2018, 50
U.S.C. 4801–4852 (‘‘ECRA’’). While section 1766 of
ECRA repeals the provisions of the Export
Administration Act, 50 U.S.C. app. 2401 et seq.
(‘‘EAA’’), (except for three sections which are
inapplicable here), section 1768 of ECRA provides,
in pertinent part, that all orders, rules, regulations,
and other forms of administrative action that were
made or issued under the EAA, including as
continued in effect pursuant to the International
Emergency Economic Powers Act, 50 U.S.C. 1701
et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s
date of enactment (August 13, 2018), shall continue
in effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA
authorizes the issuance of temporary denial orders.
50 U.S.C. 4820(a)(5).
2 The TDO was published in the Federal Register
on June 22, 2022 (87 FR 37309).
PO 00000
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Fmt 4703
Sfmt 4703
85209
December 13, 2022 3 and again on June
7, 2023,4 in accordance with Section
766.24(d) of the Regulations.5
On November 13, 2023, BIS, through
OEE, submitted a written request for a
third renewal of the TDO. The written
request was made more than 20 days
before the TDO’s scheduled expiration
and, given the temporary suspension of
international mail service to Russia and
Belarusia, OEE has attempted to serve a
copy of the renewal request on Belavia
in accordance with sections 766.5 and
766.24(d) of the Regulations. No
opposition to the renewal of the TDO
has been received.
II. Renewal of the TDO
A. Legal Standard
Pursuant to section 766.24, BIS may
issue an order temporarily denying a
respondent’s export privileges upon a
showing that the order is necessary in
the public interest to prevent an
‘‘imminent violation’’ of the
Regulations, or any order, license or
authorization issued thereunder. 15 CFR
766.24(b)(1) and 766.24(d). ‘‘A violation
may be ‘imminent’ either in time or
degree of likelihood.’’ 15 CFR
766.24(b)(3). BIS may show ‘‘either that
a violation is about to occur, or that the
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.
If BIS believes that renewal of a denial
order is necessary in the public interest
to prevent an imminent violation, it may
file a written request for renewal, with
any modifications if appropriate. 15
CFR 766.24(d)(1). The written request,
which must be filed no later than 20
days prior to the TDO’s expiration,
should set forth the basis for BIS’s belief
3 The December 13, 2022 renewal order was
published in the Federal Register on December 19,
2022 (87 FR 77550).
4 The June 7, 2023 renewal order was published
in the Federal Register on June 13, 2023 (88 FR
38483).
5 At the time of the renewal, section 766.24(d)
provided 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.
E:\FR\FM\07DEN1.SGM
07DEN1
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
charter or lease by Russia or a national
of Russia from being eligible for license
exception Aircraft, Vessels, and
Spacecraft (‘‘AVS’’) (section 740.15 of
the EAR), and as part of the same rule,
imposed a license requirement for the
export, reexport, or transfer (in-country)
of all items controlled under CCL
Categories 3 through 9 to Belarus.8 On
April 8, 2022, BIS excluded any aircraft
registered in, owned, controlled by, or
under charter or lease by Belarus or a
national of Belarus from eligibility to
use license exception AVS for travel to
Russia or Belarus.9 Accordingly, any
U.S.-origin aircraft or foreign aircraft
that includes more than 25% controlled
U.S.-origin content, and that is
registered in, owned, or controlled by,
or under charter or lease by Belarus or
a national of Belarus, is subject to a
license requirement before it can travel
to Russia or Belarus.
OEE’s request for renewal for a period
of one year is based upon the facts
underlying the issuance of the initial
TDO, the renewal orders subsequently
issued in this matter, and evidence that
continues to develop during this
investigation. These facts and evidence
demonstrate that Belavia has continued,
and continues, to act in blatant
disregard for U.S. export controls and
the terms of previously issued TDOs.
Specifically, the initial TDO, issued on
June 16, 2022, was based on evidence
that Belavia engaged in conduct
prohibited by the Regulations by
operating multiple aircraft subject to the
EAR and classified under ECCN
9A991.b on flights into Belarus after
April 8, 2022, from destinations
that renewal is necessary, including any
additional or changed circumstances. Id.
‘‘In cases demonstrating a pattern of
repeated, ongoing and/or continuous
apparent violations, BIS may request the
renewal of a temporary denial order for
an additional period not exceeding one
year.’’ 6 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),7 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
Tail No.
EW–455PA
EW–455PA
EW–455PA
EW–455PA
EW–455PA
EW–456PA
EW–456PA
EW–456PA
EW–456PA
EW–456PA
EW–457PA
EW–457PA
EW–457PA
Serial No.
................
................
................
................
................
................
................
................
................
................
................
................
................
61421
61421
61421
61421
61421
61422
61422
61422
61422
61422
61423
61423
61423
Aircraft type
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
737–8ZM
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6 88
FR 59791 (Aug. 30, 2023).
FR 12226 (Mar. 3, 2022).
8 87 FR 13048 (Mar. 8, 2022).
9 87 FR 22130 (Apr. 14, 2022). Additionally, this
rule also 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.
7 87
VerDate Sep<11>2014
20:23 Dec 06, 2023
Jkt 262001
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
(B738)
Departure/arrival cities
................
................
................
................
................
................
................
................
................
................
................
................
................
Frm 00007
Dates
Dubai, AE/Minsk, BY ......................................
Sharm el-Sheikh, EG/Minsk, BY .....................
Istanbul, TR/Minsk, BY ...................................
Minsk, BY/Moscow, RU ..................................
Dubai, AE/Minsk, BY ......................................
Hurghada, EG/Minsk, BY ................................
Hurghada, EG/Minsk, BY ................................
Sharm el-Sheikh, EG/Minsk, BY .....................
Antalya, TR/Minsk, BY ....................................
Minsk, BY/St. Petersburg, RU ........................
Sharm el-Sheikh, EG/Minsk, BY .....................
Antalya, TR/Minsk, BY ....................................
Minsk, BY/Moscow, RU ..................................
10 Publicly available flight tracking information
shows that on May 10, 2022, serial number (SN)
61423 flew from Moscow, Russia to Minsk, Belarus.
On June 14, 2022, SN 61422 flew from Istanbul,
Turkey to
Minsk, Belarus and SN 40877 flew from Sharjah,
United Arab Emirates to Minsk, Belarus.
11 Engaging in conduct prohibited by a denial
order violates the Regulations. 15 CFR 764.2(a) and
(k).
12 Publicly available flight tracking information
shows that on November 15, 2022, serial number
PO 00000
including, but not limited to, Moscow,
Russia; St. Petersburg, Russia; Antalya,
Turkey; Istanbul, Turkey, Tbilisi,
Georgia; Batumi, Georgia; Sharjah,
United Arab Emirates (‘‘UAE’’), and
Sharm el-Sheikh, Egypt, without the
required BIS authorization.10
As discussed in the prior renewal
orders, BIS presented evidence
indicating that, after the initial June 16,
2022 TDO issued, Belavia continued to
operate aircraft subject to the EAR and
classified under ECCN 9A991.b on
flights both into Belarus and/or Russia,
in violation of the Regulations and the
TDO itself.11 The December 13, 2022
order detailed Belavia’s continued flight
operations into Belarus and/or Russia,
including flights from St. Petersburg and
Moscow, Russia; Istanbul, Turkey; and
Sharjah, UAE.12 The June 7, 2023
renewal order documented a similar
pattern of prohibited conduct.13
Since that time, Belavia continued to
engage in conduct prohibited by the
TDO and Regulations. In its November
13, 2023, request for renewal of the
TDO, BIS submitted evidence that
Belavia continues to operate aircraft
subject to the EAR and classified under
ECCN 9A991.b, on flights into Belarus
and/or Russia, in violation of the June
7, 2023 renewal order and/or the
Regulations. Specifically, BIS’s evidence
and related investigation demonstrates
that Belavia continued to operate
aircraft subject to the EAR, including,
but not limited to, on flights into
Belarus and/or Russia from/to Antalya,
Turkey, and Sharm el-Sheikh, Egypt.
Information about those flights includes,
but is not limited to, the following:
Fmt 4703
Sfmt 4703
November 27, 2023.
November 15, 2023.
November 14, 2023.
November 1, 2023.
October 29, 2023.
November 26, 2023.
November 1, 2023.
October 31, 2023.
October 30, 2023.
October 24, 2023.
November 27, 2023.
November 15, 2023.
November 14, 2023.
(SN) 61421 flew from Moscow, Russia to Minsk,
Belarus. On December 9, 2022, SN 61423 flew from
St. Petersburg, Russia to Minsk, Belarus and SN
61421 flew from Istanbul, Turkey to Minsk, Belarus.
On November 12, 2022, SN 61423 flew from
Sharjah, UAE to Minsk, Belarus.
13 Publicly available flight tracking information
shows that SN 61421 flew from Doha, Qatar, to
Minsk, Belarus on May 27, 2023. Additionally, SN
61422 flew from Kutaisi, Georgia to Minsk, Belarus
on May 25, 2023 and SN 26294 flew from Baku,
Azerbaijan to Minsk, Belarus on May 2, 2023.
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
Tail No.
Serial No.
EW–457PA ................
EW–457PA ................
61423
61423
Aircraft type
Departure/arrival cities
737–8ZM (B738) ................
737–8ZM (B738) ................
Istanbul, TR/Minsk, BY ...................................
Hurghada, EG/Minsk, BY ................................
ddrumheller on DSK120RN23PROD with NOTICES1
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 demonstrates that
Belavia has acted in violation of the
Regulations and the TDO; that such
violations have been significant,
deliberate and covert; and that given the
foregoing and the nature of the matters
under investigation, there is a likelihood
of imminent violations. Moreover, I find
that renewal for an extended period is
appropriate because Belavia has
engaged in a pattern of repeated,
ongoing and/or continuous apparent
violations of the EAR. Therefore,
renewal of the TDO for one year is
necessary in the public interest to
prevent imminent violation of the
Regulations and to give notice to
companies and individuals in the
United States and abroad that they
should avoid dealing with Belavia, in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
IV. Order
It is therefore ordered:
First, Belavia Belarusian Airlines,
14A, Nemiga str., Minsk, Belarus,
220004, when acting for or on their
behalf, any successors or assigns, agents,
or employees may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the EAR,
or in any other activity subject to the
EAR including, but not limited to:
A. Applying for, obtaining, or using
any license (except directly related to
safety of flight), license exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations, or engaging in any
VerDate Sep<11>2014
20:23 Dec 06, 2023
Jkt 262001
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or from any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Belavia any
item subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
Belavia of the ownership, possession, or
control of any item subject to the EAR
that has been or will be exported from
the United States, including financing
or other support activities related to a
transaction whereby Belavia acquires or
attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from Belavia of any item
subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations;
D. Obtain from Belavia in the United
States any item subject to the EAR with
knowledge or reason to know that the
item will be, or is intended to be,
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Belavia, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Belavia if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the
Regulations. For purposes of this
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Dates
October 31, 2023.
October 30, 2023.
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Belavia by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
sections 766.24(e) of the EAR, Belavia
may, at any time, appeal this Order by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Belavia as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be provided
to Belavia and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–26896 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers and/or
AGENCY:
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]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85209-85211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26896]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Belavia Belarusian Airlines, 4A, Nemiga str., Minsk, Belarus,
220004; Order Renewing Temporary Denial of Export Privileges
Pursuant to section 766.24 of the Export Administration
Regulations, 15 CFR parts 730-774 (``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 7, 2023. I find that renewal of this order is necessary
in the public interest to prevent an imminent violation of the
Regulations and that renewal for an extended period is appropriate
because Belavia Belarusian Airlines (``Belavia'') has engaged in a
pattern of repeated, ongoing and/or continuous apparent violations of
the EAR.
---------------------------------------------------------------------------
\1\ On August 13, 2018, the President signed into law the John
S. McCain National Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of 2018, 50 U.S.C.
4801-4852 (``ECRA''). While section 1766 of ECRA repeals the
provisions of the Export Administration Act, 50 U.S.C. app. 2401 et
seq. (``EAA''), (except for three sections which are inapplicable
here), section 1768 of ECRA provides, in pertinent part, that all
orders, rules, regulations, and other forms of administrative action
that were made or issued under the EAA, including as continued in
effect pursuant to the International Emergency Economic Powers Act,
50 U.S.C. 1701 et seq. (``IEEPA''), and were in effect as of ECRA's
date of enactment (August 13, 2018), shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA authorizes the
issuance of temporary denial orders. 50 U.S.C. 4820(a)(5).
---------------------------------------------------------------------------
I. Procedural History
On June 16, 2022, I signed an order denying Belavia's export
privileges 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\ The TDO was subsequently renewed on December 13, 2022 \3\
and again on June 7, 2023,\4\ in accordance with Section 766.24(d) of
the Regulations.\5\
---------------------------------------------------------------------------
\2\ The TDO was published in the Federal Register on June 22,
2022 (87 FR 37309).
\3\ The December 13, 2022 renewal order was published in the
Federal Register on December 19, 2022 (87 FR 77550).
\4\ The June 7, 2023 renewal order was published in the Federal
Register on June 13, 2023 (88 FR 38483).
\5\ At the time of the renewal, section 766.24(d) provided 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.
---------------------------------------------------------------------------
On November 13, 2023, BIS, through OEE, submitted a written request
for a third renewal of the TDO. The written request was made more than
20 days before the TDO's scheduled expiration and, given the temporary
suspension of international mail service to Russia and Belarusia, OEE
has attempted to serve a copy of the renewal request on Belavia in
accordance with sections 766.5 and 766.24(d) of the Regulations. No
opposition to the renewal of the TDO has been received.
II. Renewal of the TDO
A. Legal Standard
Pursuant to section 766.24, BIS may issue an order temporarily
denying a respondent's export privileges upon a showing that the order
is necessary in the public interest to prevent an ``imminent
violation'' of the Regulations, or any order, license or authorization
issued thereunder. 15 CFR 766.24(b)(1) and 766.24(d). ``A violation may
be `imminent' either in time or degree of likelihood.'' 15 CFR
766.24(b)(3). BIS may show ``either that a violation is about to occur,
or that the 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.
If BIS believes that renewal of a denial order is necessary in the
public interest to prevent an imminent violation, it may file a written
request for renewal, with any modifications if appropriate. 15 CFR
766.24(d)(1). The written request, which must be filed no later than 20
days prior to the TDO's expiration, should set forth the basis for
BIS's belief
[[Page 85210]]
that renewal is necessary, including any additional or changed
circumstances. Id. ``In cases demonstrating a pattern of repeated,
ongoing and/or continuous apparent violations, BIS may request the
renewal of a temporary denial order for an additional period not
exceeding one year.'' \6\ Id.
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\6\ 88 FR 59791 (Aug. 30, 2023).
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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),\7\ BIS will review any export or reexport
license applications for such items under a policy of denial. See
section 746.8(b). Effective March 2, 2022, BIS excluded any aircraft
registered in, owned, or controlled by, or under charter or lease by
Russia or a national of Russia from being eligible for license
exception Aircraft, Vessels, and Spacecraft (``AVS'') (section 740.15
of the EAR), and as part of the same rule, imposed a license
requirement for the export, reexport, or transfer (in-country) of all
items controlled under CCL Categories 3 through 9 to Belarus.\8\ On
April 8, 2022, BIS excluded any aircraft registered in, owned,
controlled by, or under charter or lease by Belarus or a national of
Belarus from eligibility to use license exception AVS for travel to
Russia or Belarus.\9\ Accordingly, any U.S.-origin aircraft or foreign
aircraft that includes more than 25% controlled U.S.-origin content,
and that is registered in, owned, or controlled by, or under charter or
lease by Belarus or a national of Belarus, is subject to a license
requirement before it can travel to Russia or Belarus.
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\7\ 87 FR 12226 (Mar. 3, 2022).
\8\ 87 FR 13048 (Mar. 8, 2022).
\9\ 87 FR 22130 (Apr. 14, 2022). Additionally, this rule also
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.
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OEE's request for renewal for a period of one year is based upon
the facts underlying the issuance of the initial TDO, the renewal
orders subsequently issued in this matter, and evidence that continues
to develop during this investigation. These facts and evidence
demonstrate that Belavia has continued, and continues, to act in
blatant disregard for U.S. export controls and the terms of previously
issued TDOs. Specifically, the initial TDO, issued on June 16, 2022,
was based on evidence that Belavia engaged in conduct prohibited by the
Regulations by operating multiple aircraft subject to the EAR and
classified under ECCN 9A991.b on flights into Belarus after April 8,
2022, from destinations including, but not limited to, Moscow, Russia;
St. Petersburg, Russia; Antalya, Turkey; Istanbul, Turkey, Tbilisi,
Georgia; Batumi, Georgia; Sharjah, United Arab Emirates (``UAE''), and
Sharm el-Sheikh, Egypt, without the required BIS authorization.\10\
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\10\ Publicly available flight tracking information shows that
on May 10, 2022, serial number (SN) 61423 flew from Moscow, Russia
to Minsk, Belarus. On June 14, 2022, SN 61422 flew from Istanbul,
Turkey to
Minsk, Belarus and SN 40877 flew from Sharjah, United Arab
Emirates to Minsk, Belarus.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial June 16, 2022 TDO issued, Belavia
continued to operate aircraft subject to the EAR and classified under
ECCN 9A991.b on flights both into Belarus and/or Russia, in violation
of the Regulations and the TDO itself.\11\ The December 13, 2022 order
detailed Belavia's continued flight operations into Belarus and/or
Russia, including flights from St. Petersburg and Moscow, Russia;
Istanbul, Turkey; and Sharjah, UAE.\12\ The June 7, 2023 renewal order
documented a similar pattern of prohibited conduct.\13\
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\11\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\12\ Publicly available flight tracking information shows that
on November 15, 2022, serial number (SN) 61421 flew from Moscow,
Russia to Minsk, Belarus. On December 9, 2022, SN 61423 flew from
St. Petersburg, Russia to Minsk, Belarus and SN 61421 flew from
Istanbul, Turkey to Minsk, Belarus. On November 12, 2022, SN 61423
flew from Sharjah, UAE to Minsk, Belarus.
\13\ Publicly available flight tracking information shows that
SN 61421 flew from Doha, Qatar, to Minsk, Belarus on May 27, 2023.
Additionally, SN 61422 flew from Kutaisi, Georgia to Minsk, Belarus
on May 25, 2023 and SN 26294 flew from Baku, Azerbaijan to Minsk,
Belarus on May 2, 2023.
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Since that time, Belavia continued to engage in conduct prohibited
by the TDO and Regulations. In its November 13, 2023, request for
renewal of the TDO, BIS submitted evidence that Belavia continues to
operate aircraft subject to the EAR and classified under ECCN 9A991.b,
on flights into Belarus and/or Russia, in violation of the June 7, 2023
renewal order and/or the Regulations. Specifically, BIS's evidence and
related investigation demonstrates that Belavia continued to operate
aircraft subject to the EAR, including, but not limited to, on flights
into Belarus and/or Russia from/to Antalya, Turkey, and Sharm el-
Sheikh, Egypt. Information about those flights includes, but is not
limited to, the following:
----------------------------------------------------------------------------------------------------------------
Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
----------------------------------------------------------------------------------------------------------------
EW-455PA........................ 61421 737-8ZM (B738)....... Dubai, AE/Minsk, BY. November 27, 2023.
EW-455PA........................ 61421 737-8ZM (B738)....... Sharm el-Sheikh, EG/ November 15, 2023.
Minsk, BY.
EW-455PA........................ 61421 737-8ZM (B738)....... Istanbul, TR/Minsk, November 14, 2023.
BY.
EW-455PA........................ 61421 737-8ZM (B738)....... Minsk, BY/Moscow, RU November 1, 2023.
EW-455PA........................ 61421 737-8ZM (B738)....... Dubai, AE/Minsk, BY. October 29, 2023.
EW-456PA........................ 61422 737-8ZM (B738)....... Hurghada, EG/Minsk, November 26, 2023.
BY.
EW-456PA........................ 61422 737-8ZM (B738)....... Hurghada, EG/Minsk, November 1, 2023.
BY.
EW-456PA........................ 61422 737-8ZM (B738)....... Sharm el-Sheikh, EG/ October 31, 2023.
Minsk, BY.
EW-456PA........................ 61422 737-8ZM (B738)....... Antalya, TR/Minsk, October 30, 2023.
BY.
EW-456PA........................ 61422 737-8ZM (B738)....... Minsk, BY/St. October 24, 2023.
Petersburg, RU.
EW-457PA........................ 61423 737-8ZM (B738)....... Sharm el-Sheikh, EG/ November 27, 2023.
Minsk, BY.
EW-457PA........................ 61423 737-8ZM (B738)....... Antalya, TR/Minsk, November 15, 2023.
BY.
EW-457PA........................ 61423 737-8ZM (B738)....... Minsk, BY/Moscow, RU November 14, 2023.
[[Page 85211]]
EW-457PA........................ 61423 737-8ZM (B738)....... Istanbul, TR/Minsk, October 31, 2023.
BY.
EW-457PA........................ 61423 737-8ZM (B738)....... Hurghada, EG/Minsk, October 30, 2023.
BY.
----------------------------------------------------------------------------------------------------------------
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 demonstrates that Belavia has acted in
violation of the Regulations and the TDO; that such violations have
been significant, deliberate and covert; and that given the foregoing
and the nature of the matters under investigation, there is a
likelihood of imminent violations. Moreover, I find that renewal for an
extended period is appropriate because Belavia has engaged in a pattern
of repeated, ongoing and/or continuous apparent violations of the EAR.
Therefore, renewal of the TDO for one year is necessary in the public
interest to prevent imminent violation of the Regulations and to give
notice to companies and individuals in the United States and abroad
that they should avoid dealing with Belavia, in connection with export
and reexport transactions involving items subject to the Regulations
and in connection with any other activity subject to the Regulations.
IV. Order
It is therefore ordered:
First, Belavia Belarusian Airlines, 14A, Nemiga str., Minsk,
Belarus, 220004, when acting for or on their behalf, any successors or
assigns, agents, or employees may not, directly or indirectly,
participate in any way in any transaction involving any commodity,
software or technology (hereinafter collectively referred to as
``item'') exported or to be exported from the United States that is
subject to the EAR, or in any other activity subject to the EAR
including, but not limited to:
A. Applying for, obtaining, or using any license (except directly
related to safety of flight), license exception, or export control
document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the EAR except directly related to
safety of flight and authorized by BIS pursuant to Section 764.3(a)(2)
of the Regulations, or engaging in any other activity subject to the
EAR except directly related to safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the EAR, or from any other activity subject to the EAR except directly
related to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) to or on behalf of
Belavia any item subject to the EAR except directly related to safety
of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the
Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by Belavia of the ownership, possession, or control of any
item subject to the EAR that has been or will be exported from the
United States, including financing or other support activities related
to a transaction whereby Belavia acquires or attempts to acquire such
ownership, possession or control except directly related to safety of
flight and authorized by BIS pursuant to Section 764.3(a)(2) of the
Regulations;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from Belavia of any item subject to the EAR
that has been exported from the United States except directly related
to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations;
D. Obtain from Belavia in the United States any item subject to the
EAR with knowledge or reason to know that the item will be, or is
intended to be, exported from the United States except directly related
to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service any item subject to the EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by Belavia, or service any item, of
whatever origin, that is owned, possessed or controlled by Belavia if
such service involves the use of any item subject to the EAR that has
been or will be exported from the United States except directly related
to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations. For purposes of this paragraph,
servicing means installation, maintenance, repair, modification, or
testing.
Third, that, after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to Belavia by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business may also be made subject to the provisions
of this Order.
In accordance with the provisions of sections 766.24(e) of the EAR,
Belavia may, at any time, appeal this Order by filing a full written
statement in support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of section 766.24(d) of the EAR,
BIS may seek renewal of this Order by filing a written request not
later than 20 days before the expiration date. A renewal request may be
opposed by Belavia as provided in Section 766.24(d), by filing a
written submission with the Assistant Secretary of Commerce for Export
Enforcement, which must be received not later than seven days before
the expiration date of the Order.
A copy of this Order shall be provided to Belavia and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2023-26896 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DT-P
