Rossiya Airlines, Pilotov St 18-4, St. Petersburg, Russia, 196210; Order Renewing Temporary Denial of Export Privileges, 88721-88724 [2024-25983]
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
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[FR Doc. 2024–26051 Filed 11–7–24; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Dated: November 5, 2024.
Elizabeth Whiteman,
Executive Secretary.
BILLING CODE 3510–DS–P
Foreign-Trade Zone (FTZ) 78;
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On July 8, 2024, AESC US LLC
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The production activity described in the
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regulations, including section 400.14.
Dated: November 5, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–26023 Filed 11–7–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–39–2024]
Foreign-Trade Zone (FTZ) 75;
Authorization of Production Activity;
LG Energy Solution Arizona, Inc.;
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On July 8, 2024, City of Phoenix,
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Frm 00025
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[FR Doc. 2024–26022 Filed 11–7–24; 8:45 am]
[B–40–2024]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Rossiya Airlines, Pilotov St 18–4, St.
Petersburg, Russia, 196210; 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 November 8, 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
Rossiya Airlines (‘‘Rossiya’’) 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. sec. 2401 et seq.
(‘‘EAA’’), (except for three sections which are
inapplicable here), section 1768 of ECRA provides,
in pertinent part, that all orders, rules, regulations,
and other forms of administrative action that were
made or issued under the EAA, including as
continued in effect pursuant to the International
Emergency Economic Powers Act, 50 U.S.C. 1701
et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s
date of enactment (August 13, 2018), shall continue
in effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA
authorizes the issuance of temporary denial orders.
50 U.S.C. 4820(a)(5).
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
I. Procedural History
On May 20, 2022, I signed an order
denying Rossiya’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
November 15, 2022,3 May 12, 2023,4
and again on November 8 2023 5 in
accordance with section 766.24(d) of the
Regulations.6
On October 17, 2024, BIS, through
OEE, submitted a written request for a
fourth 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,
OEE has attempted to deliver a copy of
the renewal request to Rossiya by
alternative means 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
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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
2 The TDO was published in the Federal Register
on May 25, 2022 (87 FR 31856).
3 The November 15, 2022 renewal order was
published in the Federal Register on November 21,
2022 (87 FR 70780).
4 The May 12, 2023 renewal order was published
in the Federal Register on May 17, 2023 (88 FR
31483).
5 The November 8, 2023 renewal order was
published in the Federal Register on November 14,
2023 (88 FR 77952).
6 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.
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17:38 Nov 07, 2024
Jkt 265001
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
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.’’ 7 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).8 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
7 88
FR 59791 (Aug. 30, 2023).
FR 12226 (Mar. 3, 2022). Additionally, BIS
published a final rule effective April 8, 2022, which
imposed licensing requirements on items controlled
on the Commerce Control List (‘‘CCL’’) under
Categories 0–2 that are destined for Russia or
Belarus. Accordingly, now all CCL items require
export, reexport, and transfer (in-country) licenses
if destined for or within Russia or Belarus. 87 FR
22130 (Apr. 14, 2022).
8 87
PO 00000
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of Russia from being eligible for license
exception Aircraft, Vessels, and
Spacecraft (‘‘AVS’’) (section 740.15 of
the EAR).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 Russia or a national
of Russia, is subject to a license
requirement before it can travel to
Russia.
OEE’s request for renewal for a period
of one year is based upon the facts
underlying the issuance of the initial
TDO and the renewal orders
subsequently issued in this matter on
November 15, 2022, May 12, 2023, and
November 8, 2023, as well as other
evidence developed during this
investigation. This evidence
demonstrates that Rossiya 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 May 20, 2022, was
based on evidence that Rossiya 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, Hurghada, Egypt; Sharm el-Sheikh,
Egypt; Dubai, United Arab Emirates; and
Sharjah, United Arab Emirates, without
the required BIS authorization.10
Further evidence indicated that Rossiya
also operated aircraft subject to the EAR
domestically on flights within Russia,
potentially in violation of section
736.2(b)(10) of the Regulations.
As discussed in the prior renewal
orders, BIS presented evidence
indicating that, after the initial TDO
issued, Rossiya continued to operate
aircraft subject to the EAR and classified
under ECCN 9A991.b on flights both
into and within Russia, in violation of
the Regulations and the TDO itself.11
The November 15, 2022 renewal order
detailed flights into and out of Russia
from/to Antalya and Istanbul, Turkey, as
well as within Russia.12 The May 12,
9 87
FR 13048 (Mar. 8, 2022).
available flight tracking information
shows that on March 8, 2022, serial number (SN)
27650 flew from Hurghada, Egypt to Moscow,
Russia. On March 6, 2022, SN 41212 flew from
Sharm el-Sheikh, Egypt to St. Petersburg, Russia. In
addition, on March 6, 2022, SN 44435 flew from
Dubai, United Arab Emirates to St. Petersburg,
Russia. Similarly, on March 7, 2022, SN 41202 flew
from Sharjah, United Arab Emirates to Moscow,
Russia.
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 SN 35278 flew from Antalya, Turkey to
10 Publicly
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
2023 renewal order detailed flights into
and out of Russia from/to Hurghada and
Sharm el-Sheikh, Egypt and Istanbul,
Turkey.13 Similarly, the November 8,
2023 renewal order detailed flights into
and out of Russia from/to Bishkek,
Kyrgyzstan, Samarkand, Uzbekistan,
and Hurghada and Sharm el-Sheikh,
Egypt.14
Since that time, Rossiya has
continued to engage in conduct
Tail No.
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RA–73292
RA–73292
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RA–73292
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Serial No.
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28531
28531
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28531
prohibited by the applicable TDO and
Regulations. In its October 17, 2024
request for renewal of the TDO, BIS
submitted evidence that Rossiya
continues to operate aircraft subject to
the EAR and classified under ECCN
9A991.b, both on flights into and within
Russia, in violation of the November 8,
2023 renewal order and/or the
Regulations. Specifically, BIS’s evidence
Aircraft type
737–8GJ
737–8GJ
737–8GJ
737–8GJ
737–8GJ
737–8GJ
737–8GJ
737–8GJ
737–8GJ
737–8GJ
777–312
777–312
777–312
777–312
777–312
..................
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Departure/arrival cities
IV. Order
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
Rossiya has acted in violation of the
Regulations and the TDO; that such
violations have been significant,
deliberate; 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 Rossiya 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 Rossiya, in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
It is therefore ordered:
First, Rossiya Airlines, Pilotov St 18–
4, St. Petersburg, Russia, 196210, 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
Moscow, Russia on November 12, 2022 and from
Kaliningrad, Russia to Moscow, Russia on
September 29, 2022. In addition, SN 33622 flew
from Istanbul, Turkey to St. Petersburg, Russia on
November 2, 2022 and from Krasnoyarsk, Russia to
Irkutsk, Russia on November 5, 2022.
13 Publicly available flight tracking information
shows that SN 34900 flew from Sharm el-Sheikh,
Egypt to Moscow, Russia on March 20, 2023.
Additionally, SN 34897 flew from Istanbul, Turkey
to Moscow, Russia on March 16, 2023 and SN
28515 flew from Magadan, Russia to Anadyr, Russia
on April 25, 2023.
14 Publicly available flight tracking information
shows that SN 34900 flew from Bishkek, Kyrgyzstan
to Krasnoyarsk, Russia on November 3, 2023 and
17:38 Nov 07, 2024
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Dates
Yekaterinburg, RU/Moscow, RU ................................
Sanya, CN/Krasnoyarsk, RU .....................................
Krasnoyarsk, RU/Vladivostok, RU .............................
Sanya, CN/Krasnoyarsk, RU .....................................
Bishkek, KG/Krasnoyarsk, RU ...................................
Makhachkala, RU/Moscow, RU .................................
Mineralnye Vody, RU/St. Petersburg, RU .................
Moscow, RU/St. Petersburg, RU ...............................
Sanya, CN/Krasnoyarsk, RU .....................................
Bishkek, KG/Krasnoyarsk, RU ...................................
Yuzhno-Sakhalinsk, RU/Moscow, RU .......................
Moscow, RU/Anadyr, RU ...........................................
Khabarovsk, RU/Moscow, RU ...................................
Magadan, RU/Moscow, RU .......................................
Blagoveshchensk, RU/Moscow, RU ..........................
III. Findings
VerDate Sep<11>2014
and related investigation demonstrates
that Rossiya continued to operate
aircraft subject to the EAR, including,
but not limited to, on flights into and
out of Russia from/to Sanya, China and
Bishkek, Kyrgyzstan, as well as
domestically within Russia. Information
about those flights includes, but is not
limited to, the following:
Fmt 4703
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October 28, 2024.
October 18, 2024.
October 7, 2024.
October 6, 2024.
October 2, 2024.
October 27, 2024.
October 14, 2024.
October 6, 2024.
October 1, 2024.
August 28, 2024.
September 17, 2024.
September 15, 2024.
September 2, 2024.
August 28, 2024.
August 25, 2024.
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 Rossiya 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
Rossiya 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 Rossiya acquires or
attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
from Sharm el-Sheikh, Egypt to Moscow, Russia on
September 21, 2023. In addition, SN 35278 flew
from Samarkand, Uzbekistan to St. Petersburg,
Russia on August 4, 2023. On November 1 to
November 2, 2023, SN 34897 flew from Hurghada,
Egypt to Samara, Russia.
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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Notices
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 Rossiya 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 Rossiya 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 Rossiya, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Rossiya 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 Rossiya 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, Rossiya
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 Rossiya 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 Rossiya and shall be published in the
Federal Register.
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17:38 Nov 07, 2024
Jkt 265001
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. 2024–25983 Filed 11–7–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–847]
Persulfates From the People’s
Republic of China: Final Results of the
Expedited Fifth Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
fifth sunset review, the U.S. Department
of Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on persulfates from the
People’s Republic of China (China)
would likely lead to continuation or
recurrence of dumping at the level
indicated in the ‘‘Final Results of
Expedited Sunset Review’’ section of
this notice.
DATES: Applicable November 8, 2024.
FOR FURTHER INFORMATION CONTACT:
Howard Smith, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5193.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
After Commerce initiated this sunset
review 1 of the Order,2 pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act), Evonik
Corporation (Evonik), a domestic
interested party, timely submitted a
complete notice of intent to participate
in,3 and an adequate substantive
response regarding, the sunset review.4
Evonik claimed interested party status
1 See Initiation of Five-Year (Sunset) Reviews, 89
FR 54435 (July 1, 2024).
2 See Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
Than Fair Value: Persulfates from the People’s
Republic of China, 62 FR 36259 (July 7, 1997), as
amended by Notice of Amended Antidumping Duty
Order: Persulfates from the People’s Republic of
China, 62 FR 39212 (July 22, 1997) (collectively,
Order).
3 See Evonik’s Letter, ‘‘Notice of Intent to
Participate,’’ dated July 10, 2024 (Domestic
Interested Party Intent to Participate).
4 See Evonik’s Letter, ‘‘Domestic Industry’s
Substantive Response,’’ dated July 26, 2024.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
under section 771(9)(C) of the Act as a
producer of the domestic like product in
the United States.5 Commerce did not
receive a substantive response from any
respondent interested party, nor was a
hearing requested. Consequently, on
August 21, 2024, Commerce notified the
U.S. International Trade Commission
that it did not receive an adequate
substantive response from any
respondent interested parties.6 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order. On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.7 The
deadline for the final results of this
expedited sunset review is now
November 5, 2024.
Scope of the Order
The merchandise subject to the Order
is persulfates from China. For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.8
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of dumping and the
magnitude of the dumping margin likely
to prevail if the Order were to be
revoked, is provided in the
accompanying Issues and Decision
Memorandum.9 A list of the sections in
the Issues and Decision Memorandum is
in the appendix to this notice. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
5 See Domestic Interested Party Intent to
Participate.
6 See Commerce’s Letter, ‘‘Sunset Reviews for
July 2024,’’ dated August 21, 2024; see also 19 CFR
351.218(3)(1)(ii)(C)(1).
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ inadvertently dated June 22, 2024,
rather than July 22, 2024.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Fifth Sunset Review of the Antidumping Duty
Order on Persulfates from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
9 Id.
E:\FR\FM\08NON1.SGM
08NON1
]]>Agencies
[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88721-88724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25983]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Rossiya Airlines, Pilotov St 18-4, St. Petersburg, Russia,
196210; 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 November 8, 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 Rossiya Airlines (``Rossiya'') has engaged in a pattern of
repeated, ongoing and/or continuous apparent violations of the EAR.
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\1\ On August 13, 2018, the President signed into law the John
S. McCain National Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of 2018, 50 U.S.C.
4801-4852 (``ECRA''). While section 1766 of ECRA repeals the
provisions of the Export Administration Act, 50 U.S.C. app. sec.
2401 et seq. (``EAA''), (except for three sections which are
inapplicable here), section 1768 of ECRA provides, in pertinent
part, that all orders, rules, regulations, and other forms of
administrative action that were made or issued under the EAA,
including as continued in effect pursuant to the International
Emergency Economic Powers Act, 50 U.S.C. 1701 et seq. (``IEEPA''),
and were in effect as of ECRA's date of enactment (August 13, 2018),
shall continue in effect according to their terms until modified,
superseded, set aside, or revoked through action undertaken pursuant
to the authority provided under ECRA. Moreover, section 1761(a)(5)
of ECRA authorizes the issuance of temporary denial orders. 50
U.S.C. 4820(a)(5).
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[[Page 88722]]
I. Procedural History
On May 20, 2022, I signed an order denying Rossiya'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 November 15, 2022,\3\
May 12, 2023,\4\ and again on November 8 2023 \5\ in accordance with
section 766.24(d) of the Regulations.\6\
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\2\ The TDO was published in the Federal Register on May 25,
2022 (87 FR 31856).
\3\ The November 15, 2022 renewal order was published in the
Federal Register on November 21, 2022 (87 FR 70780).
\4\ The May 12, 2023 renewal order was published in the Federal
Register on May 17, 2023 (88 FR 31483).
\5\ The November 8, 2023 renewal order was published in the
Federal Register on November 14, 2023 (88 FR 77952).
\6\ 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 October 17, 2024, BIS, through OEE, submitted a written request
for a fourth 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, OEE has attempted
to deliver a copy of the renewal request to Rossiya by alternative
means 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 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.'' \7\ Id.
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\7\ 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).\8\ 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).\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 Russia or a national of Russia, is subject to a license
requirement before it can travel to Russia.
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\8\ 87 FR 12226 (Mar. 3, 2022). Additionally, BIS published a
final rule effective April 8, 2022, which imposed licensing
requirements on items controlled on the Commerce Control List
(``CCL'') under Categories 0-2 that are destined for Russia or
Belarus. Accordingly, now all CCL items require export, reexport,
and transfer (in-country) licenses if destined for or within Russia
or Belarus. 87 FR 22130 (Apr. 14, 2022).
\9\ 87 FR 13048 (Mar. 8, 2022).
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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 and the renewal
orders subsequently issued in this matter on November 15, 2022, May 12,
2023, and November 8, 2023, as well as other evidence developed during
this investigation. This evidence demonstrates that Rossiya 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 May 20, 2022, was based on evidence that Rossiya
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, Hurghada, Egypt; Sharm el-Sheikh, Egypt; Dubai,
United Arab Emirates; and Sharjah, United Arab Emirates, without the
required BIS authorization.\10\ Further evidence indicated that Rossiya
also operated aircraft subject to the EAR domestically on flights
within Russia, potentially in violation of section 736.2(b)(10) of the
Regulations.
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\10\ Publicly available flight tracking information shows that
on March 8, 2022, serial number (SN) 27650 flew from Hurghada, Egypt
to Moscow, Russia. On March 6, 2022, SN 41212 flew from Sharm el-
Sheikh, Egypt to St. Petersburg, Russia. In addition, on March 6,
2022, SN 44435 flew from Dubai, United Arab Emirates to St.
Petersburg, Russia. Similarly, on March 7, 2022, SN 41202 flew from
Sharjah, United Arab Emirates to Moscow, Russia.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, Rossiya continued to
operate aircraft subject to the EAR and classified under ECCN 9A991.b
on flights both into and within Russia, in violation of the Regulations
and the TDO itself.\11\ The November 15, 2022 renewal order detailed
flights into and out of Russia from/to Antalya and Istanbul, Turkey, as
well as within Russia.\12\ The May 12,
[[Page 88723]]
2023 renewal order detailed flights into and out of Russia from/to
Hurghada and Sharm el-Sheikh, Egypt and Istanbul, Turkey.\13\
Similarly, the November 8, 2023 renewal order detailed flights into and
out of Russia from/to Bishkek, Kyrgyzstan, Samarkand, Uzbekistan, and
Hurghada and Sharm el-Sheikh, Egypt.\14\
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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
SN 35278 flew from Antalya, Turkey to Moscow, Russia on November 12,
2022 and from Kaliningrad, Russia to Moscow, Russia on September 29,
2022. In addition, SN 33622 flew from Istanbul, Turkey to St.
Petersburg, Russia on November 2, 2022 and from Krasnoyarsk, Russia
to Irkutsk, Russia on November 5, 2022.
\13\ Publicly available flight tracking information shows that
SN 34900 flew from Sharm el-Sheikh, Egypt to Moscow, Russia on March
20, 2023. Additionally, SN 34897 flew from Istanbul, Turkey to
Moscow, Russia on March 16, 2023 and SN 28515 flew from Magadan,
Russia to Anadyr, Russia on April 25, 2023.
\14\ Publicly available flight tracking information shows that
SN 34900 flew from Bishkek, Kyrgyzstan to Krasnoyarsk, Russia on
November 3, 2023 and from Sharm el-Sheikh, Egypt to Moscow, Russia
on September 21, 2023. In addition, SN 35278 flew from Samarkand,
Uzbekistan to St. Petersburg, Russia on August 4, 2023. On November
1 to November 2, 2023, SN 34897 flew from Hurghada, Egypt to Samara,
Russia.
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Since that time, Rossiya has continued to engage in conduct
prohibited by the applicable TDO and Regulations. In its October 17,
2024 request for renewal of the TDO, BIS submitted evidence that
Rossiya continues to operate aircraft subject to the EAR and classified
under ECCN 9A991.b, both on flights into and within Russia, in
violation of the November 8, 2023 renewal order and/or the Regulations.
Specifically, BIS's evidence and related investigation demonstrates
that Rossiya continued to operate aircraft subject to the EAR,
including, but not limited to, on flights into and out of Russia from/
to Sanya, China and Bishkek, Kyrgyzstan, as well as domestically within
Russia. Information about those flights includes, but is not limited
to, the following:
----------------------------------------------------------------------------------------------------------------
Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
----------------------------------------------------------------------------------------------------------------
RA-73188......................... 34900 737-8GJ............ Yekaterinburg, RU/ October 28, 2024.
Moscow, RU.
RA-73188......................... 34900 737-8GJ............ Sanya, CN/ October 18, 2024.
Krasnoyarsk, RU.
RA-73188......................... 34900 737-8GJ............ Krasnoyarsk, RU/ October 7, 2024.
Vladivostok, RU.
RA-73188......................... 34900 737-8GJ............ Sanya, CN/ October 6, 2024.
Krasnoyarsk, RU.
RA-73188......................... 34900 737-8GJ............ Bishkek, KG/ October 2, 2024.
Krasnoyarsk, RU.
RA-73192......................... 34897 737-8GJ............ Makhachkala, RU/ October 27, 2024.
Moscow, RU.
RA-73192......................... 34897 737-8GJ............ Mineralnye Vody, RU/ October 14, 2024.
St. Petersburg, RU.
RA-73192......................... 34897 737-8GJ............ Moscow, RU/St. October 6, 2024.
Petersburg, RU.
RA-73192......................... 34897 737-8GJ............ Sanya, CN/ October 1, 2024.
Krasnoyarsk, RU.
RA-73192......................... 34897 737-8GJ............ Bishkek, KG/ August 28, 2024.
Krasnoyarsk, RU.
RA-73292......................... 28531 777-312............ Yuzhno-Sakhalinsk, September 17, 2024.
RU/Moscow, RU.
RA-73292......................... 28531 777-312............ Moscow, RU/Anadyr, September 15, 2024.
RU.
RA-73292......................... 28531 777-312............ Khabarovsk, RU/ September 2, 2024.
Moscow, RU.
RA-73292......................... 28531 777-312............ Magadan, RU/Moscow, August 28, 2024.
RU.
RA-73292......................... 28531 777-312............ Blagoveshchensk, RU/ August 25, 2024.
Moscow, RU.
----------------------------------------------------------------------------------------------------------------
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 Rossiya has acted in
violation of the Regulations and the TDO; that such violations have
been significant, deliberate; 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 Rossiya 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 Rossiya, 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, Rossiya Airlines, Pilotov St 18-4, St. Petersburg, Russia,
196210, 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
Rossiya 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 Rossiya 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 Rossiya acquires or attempts to acquire such
ownership, possession or control except directly related to safety of
flight and authorized
[[Page 88724]]
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 Rossiya 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 Rossiya 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 Rossiya, or service any item, of
whatever origin, that is owned, possessed or controlled by Rossiya 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 Rossiya 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,
Rossiya 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 Rossiya 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 Rossiya 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. 2024-25983 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-DT-P
