Updated List Continues Effort to Notify Public that Providing Any Form of Service to These Aircraft is Also a Likely Violation of U.S. Law

WASHINGTON, D.C. – Today, Bureau of Industry and Security (BIS) Assistant Secretary for Export Enforcement Matthew S. Axelrod issued an order denying the export privileges of a fifth Russian airline – Rossiya Airlines – due to ongoing export violations related to comprehensive export controls on Russia imposed by the Commerce Department. This Temporary Denial Order (TDO) terminates the right of Rossiya to participate in transactions subject to the Export Administration Regulations (EAR), including exports and reexports from the United States. Today’s TDO is issued for 180-days and may be renewed.

“Our powerful coordination with our international partners is cutting off Russia’s ability to acquire the parts and inputs it needs to sustain its military aggression, and today’s action furthers the enforcement efforts necessary to ensure those restrictions are complied with.” said Under Secretary of Commerce for Industry and Security Alan Estevez. “Today’s TDO on Rossiya is another strong message to Putin’s government that the U.S. will remain vigilant and will not hesitate to our law enforcement tools against Russian companies and individuals that violate the law.”

“Today’s actions are a reminder to parties in Russia as well as throughout the rest of the world that U.S. legal authorities are substantial, far-reaching, and have a meaningful impact on global operations by parties found to be in violation of U.S. law.” said Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod. “Export Enforcement will continue to take swift action to deny Russian airlines and oligarchs the means to continue to operate aircraft in violation of U.S. export regulations.”

BIS also publicly identified additional aircraft in likely violation of U.S. export controls, including a 787 Dreamliner owned by Russian oligarch Roman Abramovich. This is the second plane owned by Abramovich identified by BIS, and today’s listing notifies the public that providing any form or service to this aircraft subject to the EAR requires U.S. Government authorization. BIS is further updating the tail numbers of planes already on the list that have flown into Russia and/or Belarus in apparent violation of the EAR. 

BIS has led the Department of Commerce’s efforts in response to Russia’s invasion of Ukraine by taking a number of powerful regulatory actions and issuing public notice to the global community of potential violations of the EAR in the civilian aerospace sector. As part of those actions, the TDO against Rossiya prevents the export or reexport of any EAR item to Rossiya without BIS authorization, as well as the use of any EAR items to service any Rossiya aircraft. BIS has previously issued TDOs for Aeroflot, Azur Air, UTair, and Aviastar.

BIS continues its efforts to notify the public that providing any form of service to aircraft subject to the EAR that may have violated these controls on Russia or Belarus requires authorization. Absent such authorization, any person anywhere—including within Belarus or Russia—risks violating the EAR and would be subject to BIS enforcement actions, which could include substantial jail time, fines, loss of export privileges, or other restrictions. By preventing these aircraft from receiving any service, including from abroad, international flights from Belarus or Russia on these aircraft are effectively grounded.

Effective March 2, 2022, BIS imposed expansive and stringent controls on aviation-related items destined to Belarus, including for specified aircraft or aircraft parts, similar to those imposed on Russia on February 24, 2022. The March 2, 2022, rule also removed license exception availability for any aircraft registered in, owned, or controlled by, or under charter or lease by Russia or a national of Russia, thus imposing a license requirement for Russian owned/operated aircraft. An aircraft subject to the EAR that is owned, leased or controlled by a Russian national is prohibited from using a license exception for flights to Russia regardless of dual nationality, or most recent citizenship, of the Russian national.

On April 8, 2022, BIS issued a rule that similarly removed license exception availability for any aircraft registered in, owned, or controlled by, or under charter or lease by Belarus or a national of Belarus, also imposing a license requirement for these Belarusian owned/operated aircraft. As a result, any aircraft manufactured in the United States, or that is manufactured in a foreign country and includes more than 25% U.S.-origin controlled content, is subject to a license requirement if such aircraft is destined for Belarus or Russia.

The list below has been updated (with additions in bold) and currently totals 157 Russian owned/operated aircraft. Accordingly, any subsequent actions taken with regard to any of the listed aircraft, including, but not limited to, refueling, maintenance, repair, or the provision of spare parts or services, are subject to the prohibitions outlined in General Prohibition Ten of the EAR (Section 736.2(b)(10)), which provides:

(10) General Prohibition Ten - Proceeding with transactions with knowledge that a violation has occurred or is about to occur (Knowledge Violation to Occur). You may not sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any item subject to the EAR and exported or to be exported with knowledge that a violation of the Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued thereunder has occurred, is about to occur, or is intended to occur in connection with the item. Nor may you rely upon any license or License Exception after notice to you of the suspension or revocation of that license or exception.                                

There are no License Exceptions to this General Prohibition Ten in part 740 of the EAR.

Please note this list is not exhaustive and the restrictions also apply in any situation in which a person has knowledge that a violation of the EAR has occurred, is about to occur, or is intended to occur in connection with an aircraft or other item that is subject to the EAR, whether or not such aircraft or other item is included on this list. This list will continue to be updated as circumstances warrant.

Additional BIS resources on export controls implemented in response to Russia’s invasion of Ukraine are available at: https://bis.gov/licensing/country-guidance/russia-belarus-export-controls

The public may submit confidential enforcement tips here or by calling the Enforcement Hotline at 1-800-424-2980.

These BIS actions were taken under the authority of the Export Control Reform Act of 2018 and its implementing regulations, the Export Administration Regulations (EAR).

For more information, visit www.bis.gov.