Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 66805 

1On 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superseded, set aside, or revoked through action 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). 

2The TDO was published in the Federal Register 

on April 12, 2022 (87 FR 21614). 

3At 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. Renewal requests are to be made in 

writing no later than 20 days before the scheduled 

expiration date of a temporary denial order. 

4The October 3, 2022 renewal order was 

published in the Federal Register on October 7, 

2022 (87 FR 60983). 

5The March 29, 2023 renewal order was 

published in the Federal Register on April 4, 2023 

(88 FR 19908). 6 88 FR 59791 (Aug. 30, 2023). 

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, UTair 

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 UTair 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 UTair, 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. 2023–21171 Filed 9–27–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges; Azur Air, Sharypovo 

Airport, 404/1 Kozhevnicheskiy Land, 

Moscow, Russia 

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 March 29, 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 Azur Air 

(‘‘Azur’’) has engaged in a pattern of 

repeated, ongoing and/or continuous 

apparent violations of the EAR. 

I. Procedural History 

On April 7, 2022, I signed an order 

denying Azur’s export privileges for a 

period of 180 days on the grounds that 

issuance of the order was necessary in 

the public interest to prevent an 

imminent violation of the Regulations. 

The order was issued ex parte pursuant 

to section 766.24(a) of the Regulations 

and was effective upon issuance.2 This 

temporary denial order was 

subsequently renewed in accordance 

with section 766.24(d) of the 

Regulations.3 The renewal order issued 

on October 3, 2022 and was effective 

upon issuance.4 A second renewal order 

issued on March 29, 2023 and was also 

effective upon issuance.5

On September 5, 2023, BIS, through 

OEE, submitted a written request for 

renewal of the TDO that issued on 

March 29, 2023. 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 Azur 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.’’ 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 


ddrumheller on DSK120RN23PROD with NOTICES1
66806 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 

7 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). 

8 87 FR 13048 (Mar. 8, 2022). 

9Publicly available flight tracking information 

shows that on March 6, 2022, serial number (SN) 

27612 flew from Nha Trang, Vietnam to Moscow, 

Russia and on March 10, 2022, SN 27909 flew from 

Dubai, UAE to Vladivostok, Russia. In addition, on 

March 17, 2022, SN 21614 flew from Antalya, 

Turkey to Kazan, Russia. 

10Engaging in conduct prohibited by a denial 

order violates the Regulations. 15 CFR 764.2(a) and 

(k). 

11Publicly available flight tracking information 

shows that SN 29377 flew from Antalya, Turkey to 

Moscow, Russia on September 21, 2022. In 

addition, on September 20, 2022, SN 26271 flew 

from Bodrum, Turkey to Moscow, Russia and SN 

30045 flew from Dalaman, Turkey to Yekaterinburg, 

Russia. 

12Publicly available flight tracking information 

shows that SN 29377 flew from Adana, Turkey to 

Moscow, Russia on March 13, 2023 and from Sharm 

el-Sheikh, Egypt to Moscow, Russia on March 14, 

2023. In addition, SN 30045 flew from Goa, India 

to Perm, Russia on March 3, 2023 and from Rayong, 

Thailand to Kemerovo, Russia on March 6, 2023. 

On February 18, 2023, SN 24947 flew from Male, 

Maldives to Moscow, Russia. 

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).8 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 order 

subsequently issued in this matter on 

October 3, 2022, as well as other 

evidence developed during this 

investigation. These facts and evidence 

demonstrate that Azur 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 

April 7, 2022, was based on evidence 

that Azur 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, Nha Trang, Vietnam, Dubai, 

United Arab Emirates, and Antalya, 

Turkey, without the required BIS 

authorization.9

As discussed in the October 3, 2022 

and March 29, 2023 renewal orders, 

evidence presented by BIS indicated 

that, after the renewal orders issued, 

Azur continued to operate aircraft 

subject to the EAR and classified under 

ECCN 9A991.b on flights both into and 

out of Russia, in violation of the 

Regulations and the TDO itself.10

Specifically, the October 3, 2022 

renewal order detailed Azur’s continued 

operation of aircraft subject to the EAR, 

including, but not limited to, on flights 

into and out of Russia from/to Antalya, 

Turkey, Dalaman, Turkey, and Bodrum, 

Turkey.11 Similarly, the March 29, 2023 

renewal order detailed Azur’s continued 

operation of aircraft subject to the EAR, 

including, but not limited to, on flights 

into and out of Russia from/to Sharm elSheikh, Egypt, Goa, India, Male, 

Maldives, Rayong, Thailand, and 

Adana, Turkey.12

Since that time, Azur has continued 

to engage in conduct prohibited by the 

applicable TDO and Regulations. In its 

September 5, 2023 request for renewal 

of the TDO, BIS submitted evidence that 

Azur is operating aircraft subject to the 

EAR and classified under ECCN 

9A991.b, both on flights into and within 

Russia, in violation of the March 29, 

2023 TDO and/or the Regulations. 

Specifically, BIS’s evidence and related 

investigation demonstrates that Azur 

has continued to operate aircraft subject 

to the EAR, including, but not limited 

to, on flights into and out of Russia 

from/to Hurghada, Egypt, Phuket, 

Thailand, and Antalya, Turkey. 

Information about those flights includes, 

but is not limited to, the following: 

Tail No. Serial No. Aircraft type Departure/arrival cities Dates 

RA–73071 29377 757–2Q8 (B752) ................. Phuket, TH/Vladivostok, RU ........................................ August 9, 2023.

RA–73071 29377 757–2Q8 (B752) ................. Phuket, TH/Vladivostok, RU ........................................ August 15, 2023. 

RA–73071 29377 757–2Q8 (B752) ................. Hurghada, EG/Moscow, RU ........................................ August 19, 2023. 

RA–73071 29377 757–2Q8 (B752) ................. Phuket, TH/Irkutsk, RU ................................................ September 7, 2023. 

RA–73071 29377 757–2Q8 (B752) ................. Hurghada, EG/Moscow, RU ........................................ September 11, 2023. 

RA–73071 29377 757–2Q8 (B752) ................. Sharm el-Sheikh, EG/Moscow, RU ............................. September 14, 2023. 

RA–73071 29377 757–2Q8 (B752) ................. Antalya, TR/Moscow, RU ............................................ September 19, 2023. 

RA–73071 29377 757–2Q8 (B752) ................. Hurghada, EG/Moscow, RU ........................................ September 20, 2023. 

RA–73075 26271 757–2Q8 (B757) ................. Hurghada, EG/Moscow, RU ........................................ August 31, 2023. 

RA–73075 26271 757–2Q8 (B757) ................. Hurghada, EG/Moscow, RU ........................................ September 3, 2023.

RA–73075 26271 757–2Q8 (B757) ................. Hurghada, EG/Perm, RU ............................................. September 6, 2023. 

RA–73075 26271 757–2Q8 (B757) ................. Antalya, TR/Moscow, RU ............................................ September 9, 2023. 

RA–73075 26271 757–2Q8 (B757) ................. Sharm el-Sheikh, EG/Perm, RU .................................. September 18, 2023.

RA–73075 26271 757–2Q8 (B757) ................. Sharm el-Sheikh, EG/Perm, RU .................................. September 20, 2023.

RA–73077 30045 757–2Q8 (B752) ................. Sharm el-Sheikh, EG/Moscow, RU ............................. August 27, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Antalya, TR/Moscow, RU ............................................ August 27, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Sharm el-Sheikh, EG/Samara, RU .............................. August 31, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Sharm el-Sheikh, EG/Yekaterinburg, RU .................... September 4, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Sharm el-Sheikh, EG/Moscow, RU ............................. September 5, 2023. 

RA–73077 30045 757–2Q8 (B752).

RA–73079 24947 767–3Y0 (ER) B763 ........... Antalya, TR/Moscow, RU ............................................ August 25, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Sharm el-Sheikh, EG/Moscow, RU ............................. August 29, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Phuket, TH/Irkutsk, RU ................................................ September 3, 2023. 

RA–73077 30045 757–2Q8 (B752) ................. Phuket, TH/Moscow, RU ............................................. September 4, 2023. 

RA–73079 24947 767–3Y0 (ER) B763 ........... Antalya, TR/Moscow, RU ............................................ September 8, 2023.

RA–73079 24947 767–3Y0 (ER) B763 ........... Dalaman, TR/Yekaterinburg, RU ................................. September 12, 2023. 

RA–73079 24947 767–3Y0 (ER) B763 ........... Hurghada, EG/Moscow, RU ........................................ September 18, 2023. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices 66807 

1On 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). 

III. Findings 

Under the applicable standard set 

forth in section 766.24 of the 

Regulations and my review of the entire 

record, I find that the evidence 

presented by BIS convincingly 

demonstrates that Aeroflot has acted in 

violation of the Regulations and the 

TDO; that such violations have been 

significant and 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 

Azur 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 Azur, 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, Azur Air, Sharypovo Airport, 

404/1 Kozhevnicheskiy Lane, Moscow, 

Russia, when acting for or on their 

behalf, any successors or assigns, agents, 

or employees may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the EAR, 

or in any other activity subject to the 

EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), license exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; or 

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 Azur 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 

Azur 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 Azur 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 Azur 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 Azur 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 Azur, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Azur 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 Azur 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, Azur 

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 Azur 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 Azur, 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. 2023–21172 Filed 9–27–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges; PJSC Aeroflot, 1 

Arbat St., 119019, Moscow, Russia 

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 


ddrumheller on DSK120RN23PROD with NOTICES1