Notice2025-22199
Siberian Airlines d/b/a S7 Airlines, 633104, Russia, Novosibirskaya obl., g. Ob. prospekt Mozzherina, d. 10 ofis 201; Order Renewing Temporary Denial of Export Privileges
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 8, 2025
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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<title>Federal Register, Volume 90 Issue 233 (Monday, December 8, 2025)</title>
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[Federal Register Volume 90, Number 233 (Monday, December 8, 2025)]
[Notices]
[Pages 56717-56719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22199]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Siberian Airlines d/b/a S7 Airlines, 633104, Russia,
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 December 6, 2024. 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.
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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
(``NDAA''), which includes the Export Control Reform Act of 2018, 50
U.S.C. 4801-4852 (``ECRA''). While Section 1766 of the NDAA 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 the NDAA 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 4820(a)(5)
of ECRA authorizes the issuance of temporary denial orders. 50
U.S.C. 4820(a)(5).
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I. Procedural History
On June 24, 2022, the then-Assistant Secretary of Commerce for
Export Enforcement signed an order denying Siberian 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
temporary denial order was subsequently renewed on December 20, 2022,
June 15, 2023, December 11, 2023, and December 6, 2024, respectively
and were also effective upon issuance.\3\
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\2\ The TDO was published in the Federal Register on June 29,
2022 (87 FR 38709).
\3\ The December 20, 2022 renewal order was published in the
Federal Register on December 23, 2022 (87 FR 78921). The June 15,
2023 renewal order was published in the Federal Register on June 21,
2023 (88 FR 40205). The December 11, 2023 renewal order was
published in the Federal Register on December 14, 2023 (88 FR
86626). The December 6, 2024 renewal order was published in the
Federal Register on December 13, 2024 (89 FR 100952).
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On November 5, 2025, BIS, through OEE, submitted a written request
for a 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 Siberian 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,
[[Page 56718]]
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.'' \4\ Id.
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\4\ 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).\5\ 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).\6\ 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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\5\ 87 FR 12226 (Mar. 3, 2022).
\6\ 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 TDO and the renewal orders
subsequently issued in this matter on December 20, 2022, June 15, 2023,
December 11, 2023, and December 6, 2024, as well as other evidence
developed during this investigation. This evidence demonstrates 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.\7\ Further evidence indicated that Siberian also
operated aircraft subject to the EAR on domestic flights within Russia,
in apparent violation of Section 736.2(b)(10) of the Regulations.
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\7\ Publicly 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.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, Siberian 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.\8\ The December 20, 2022 renewal order detailed
flights into and out of Russia from/to Bangkok, Thailand, Antalya,
T[uuml]rkiye, and Urgench, Uzbekistan.\9\ The June 15, 2023 order
documented a similar pattern of prohibited conduct.\10\ Similarly, the
December 11, 2023 order detailed flights into and out of Russia from/to
Bangkok, Thailand, Fergana, Uzbekistan, and Istanbul, T[uuml]rkiye.\11\
Additionally, the December 6, 2024 renewal order detailed flights into
and out of Russia from/to Bangkok, Thailand, Beijing, China, and
Istanbul, T[uuml]rkiye.\12\
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\8\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\9\ Publicly 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,
T[uuml]rkiye to Novosibirsk, Russia on November 19, 2022, and from
Urgench, Uzbekistan to Moscow, Russia on December 10, 2022.
\10\ Publicly available flight tracking information shows that
SN 41707 flew from Istanbul, T[uuml]rkiye 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.
\11\ Publicly available flight tracking information shows that
SN 41709 flew from Bangkok, Thailand to Irkutsk, Russia on December
4, 2023. In addition, SN 41710 flew from Fergana, Uzbekistan to
Irkutsk, Russia on December 1, 2023. On November 16, 2023 SN 40233
flew from Istanbul, T[uuml]rkiye to Moscow, Russia.
\12\ Publicly available flight tracking information shows that
on November 21, SN 41709 flew from Bangkok, Thailand to Novosibirsk,
Russia and SN 41710 flew from Beijing, China to Irkutsk, Russia. In
addition, SN 4170 flew from Istanbul, T[uuml]rkiye to Moscow, Russia
on November 20, 2025.
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Since that time, Siberian has continued to engage in conduct
prohibited by the applicable TDO and Regulations. In its November 5,
2025 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 December 6, 2024 renewal order and/or the
Regulations. Specifically, BIS's evidence and related investigation
demonstrates that Siberian continues to operate aircraft subject to the
EAR, including, but not limited to, on flights into and out of Russia
from/to Istanbul, T[uuml]rkiye, Dubai, United Arab Emirates, and
Fergana, Uzbekistan. Information about those flights includes, but is
not limited to, the following:
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Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
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RA-73668......................... 41709 737-8LP (B738)..... Istanbul, TR/ October 18, 2025.
Novosibirsk, RU.
RA-73668......................... 41709 737-8LP (B738)..... Novosibirsk, RU/ October 17, 2025.
Fergana/UZ.
RA-73668......................... 41709 737-8LP (B738)..... Antalya, TR/ October 17, 2025.
Novosibirsk, RU.
RA-73670......................... 41710 737-8LP (B738)..... Dubai AE/ October 22, 2025.
Novosibirsk, RU.
RA-73670......................... 41710 737-8LP (B738)..... Sochi, RU/ October 21, 2025.
Novosibirsk, RU.
RA-73670......................... 41710 737-8LP (B738)..... Tashkent, UZ/ October 14, 2025.
Novosibirsk, RU.
RA-73667......................... 41707 737-8LP (B738)..... Moscow, RU/Irkutsk, October 22, 2025.
RU.
RA-73667......................... 41707 737-8LP (B738)..... Fergana, UZ/ October 10, 2025.
Irkutsk, RU.
RA-73667......................... 41707 737-8LP (B738)..... Rayong Pattaya, TH/ October 9, 2025.
Irkutsk, RU.
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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 Siberian 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 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, Russia, 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 (in-country) 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.
Dated: December 2025.
David Peters,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2025-22199 Filed 12-5-25; 8:45 am]
BILLING CODE 3510-DT-P
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</html>Indexed from Federal Register on December 8, 2025.
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