86626 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 

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superseded, set aside, or revoked through action 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 June 29, 2022 (87 FR 38709). 

3The December 20, 2022 renewal order was 

published in the Federal Register on December 23, 

2022 (87 FR 78921). 

4The June 15, 2023 renewal order was published 

in the Federal Register on June 21, 2023 (88 FR 

40205). 

5At 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. 6 88 FR 59791 (Aug. 30, 2023). 

the use of any item subject to the EAR 

that has been or will be exported from 

the United States except directly related 

to safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. For purposes of this 

paragraph, servicing means installation, 

maintenance, repair, modification, or 

testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to Nordwind by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

Sections 766.24(e) of the EAR, 

Nordwind may, at any time, appeal this 

Order by filing a full written statement 

in support of the appeal with the Office 

of the Administrative Law Judge, U.S. 

Coast Guard ALJ Docketing Center, 40 

South Gay Street, Baltimore, Maryland 

21202–4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. A renewal 

request may be opposed by Nordwind as 

provided in Section 766.24(d), by filing 

a written submission with the Assistant 

Secretary of Commerce for Export 

Enforcement, which must be received 

not later than seven days before the 

expiration date of the Order. 

A copy of this Order shall be provided 

to Nordwind and 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. 2023–27475 Filed 12–13–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security, 

Washington, DC 20230 

Siberian Airlines d/b/a S7 Airlines, 

633104, Novosibirskaya obl., g. Ob. 

prospekt Mozzherina, d. 10 ofis 201; 

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 15, 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 Siberian Airlines 

d/b/a S7 Airlines (‘‘Siberian’’) has 

engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR. 

I. Procedural History 

On June 24, 2022, I signed an order 

denying Siberian’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 20, 2022 3 and again on June 

15, 2023,4 in accordance with Section 

766.24(d) of the Regulations.5

On November 21, 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, 

OEE has attempted to serve a copy of 

the renewal request on Siberian 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, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 86627 

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, for example, that on March 10, 2022, serial 

number (‘‘SN’’) 41400 flew from Atyrau, 

Kazakhstan to Moscow, Russia. On May 1, 2022, SN 

41707 flew from Bishkek, Kyrgyzstan to 

Novosibirsk, Russia and, on March 4, 2022, SN 

41841 flew from Urgench, Uzbekistan to Moscow, 

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, for example, that on November 30, 2022, SN 

41709 flew from Bangkok, Thailand to Irkutsk, 

Russia. SN 41707 flew from Antalya, Turkey to 

Novosibirsk, Russia on November 19, 2022, and 

from Urgench, Uzbekistan to Moscow, Russia on 

December 10, 2022. 

12Publicly available flight tracking information 

shows that SN 41707 flew from Istanbul, Turkey to 

Moscow, Russia on May 20, 2023. Additionally, SN 

41709 flew from Beijing, China to Irkutsk, Russia 

on May 27, 2023. Further, SN 41710 flew from 

Bangkok, Thailand to Irkutsk, Russia on May 20, 

2023. 

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 

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, the renewal orders subsequently 

issued in this matter, and evidence that 

continues to develop during this 

investigation. These facts and evidence 

demonstrate that Siberian 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 24, 2022, was 

based on evidence that Siberian 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, Atyrau, Kazakhstan, Bishkek, 

Kyrgyzstan, and Urgench, Uzbekistan, 

without the required BIS authorization.9

Further evidence submitted by BIS 

indicated that Siberian also continued 

to operate 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 June 24, 

2022, TDO issued, Siberian 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.10 The December 20, 2022, 

order detailed flights into and out of 

Russia from/to Bangkok, Thailand, 

Antalya, Turkey, and Urgench, 

Uzbekistan.11 The June 15, 2023, 

renewal order documented a similar 

pattern of prohibited conduct.12

Since that time, Siberian continued to 

engage in conduct prohibited by the 

TDO and Regulations. In its November 

21, 2023, request for renewal of the 

TDO, BIS submitted evidence that 

Siberian 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 June 

15, 2023, renewal order and/or the 

Regulations. Specifically, BIS’s evidence 

and related investigation demonstrates 

that Siberian continued to operate 

aircraft subject to the EAR, including, 

but not limited to, on flights into and 

out of Russia, including from/to Antalya 

and Istanbul, Turkey, Bangkok, 

Thailand, Beijing, China, Dubai, United 

Arab Emirates, and Fergana, Uzbekistan, 

as well as domestically within Russia. 

Information about those flights includes, 

but is not limited to, the following: 

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

RA–73668 .............. 41709 737–8LP ................ Bangkok, TH/Irkutsk, RU ....................................... December 4, 2023. 

RA–73668 .............. 41709 737–8LP ................ Irkutsk, RU/Novosibirsk, RU .................................. December 4, 2023. 

RA–73668 .............. 41709 737–8LP ................ Beijing, CN/Irkutsk, RU .......................................... December 3, 2023. 

RA–73668 .............. 41709 737–8LP ................ Bangkok, TH/Irkutsk, RU ....................................... November 16, 2023. 

RA–73668 .............. 41709 737–8LP ................ Dubai, AE/Novosibirsk, RU .................................... October 30, 2023. 

RA–73670 .............. 41710 737–8LP ................ Bangkok, TH/Irkutsk, RU ....................................... December 4, 2023. 

RA–73670 .............. 41710 737–8LP ................ Fergana, UZ/Irkutsk, RU ........................................ December 1, 2023. 

RA–73670 .............. 41710 737–8LP ................ Novosibirsk, RU/Irkutsk, RU .................................. November 21, 2023. 

RA–73670 .............. 41710 737–8LP ................ Beijing, CN/Novosibirsk, RU .................................. November 17, 2023. 

RA–73670 .............. 41710 737–8LP ................ Bangkok, TH/Irkutsk, RU ....................................... November 8, 2023. 

RA–73667 .............. 41707 737–8LP ................ Antalya, TR/Moscow, RU ....................................... December 4, 2023. 

RA–73667 .............. 41707 737–8LP ................ Dubai, AE/Moscow, RU ......................................... December 3, 2023. 

RA–73667 .............. 41707 737–8LP ................ Ufa, RU/Moscow, RU ............................................. December 1, 2023 

RA–73667 .............. 41707 737–8LP ................ Istanbul, TR/Moscow, RU ...................................... November 16, 2023. 

RA–73667 .............. 41707 737–8LP ................ Urgench, UZ/Moscow, RU ..................................... November 10, 2023. 

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 

Siberian 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 


lotter on DSK11XQN23PROD with NOTICES1
86628 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices 

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). 

appropriate because Siberian 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 Siberian, 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, Siberian Airlines d/b/a S7 

Airlines, 633104, Novosibirskaya obl., g. 

Ob, prospekt Mozzherina, d. 10 ofis 201, 

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 Siberian 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 

Siberian 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 Siberian 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 Siberian 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 Siberian 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 Siberian, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Siberian 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 Siberian 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, Siberian 

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 Siberian 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 Siberian 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. 2023–27476 Filed 12–13–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Pobeda Airlines, 108811, Russian 

Federation, Moscow, p. Moskovskiy, 

Kievskoe shosse 22nd km, 4/1. 

Moscow, Russia; Order Renewing 

Temporary Denial of Export Privileges 

Pursuant to Section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730–774 (‘‘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 15, 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 Pobeda Airlines 

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

repeated, ongoing and/or continuous 

apparent violations of the EAR. 

I. Procedural History 

On June 24, 2022, I signed an order 

denying Pobeda’s export privileges for a 


lotter on DSK11XQN23PROD with NOTICES1