Notice2025-22354
Order Renewing Temporary Denial of Export Privileges; Nordwind Airlines; Leningradskaya Str., Building 25, Office 27. 28, Moscow Region, Khimki City, 141402, Russia
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Published
December 9, 2025
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
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<title>Federal Register, Volume 90 Issue 234 (Tuesday, December 9, 2025)</title>
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[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Notices]
[Pages 57026-57028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22354]
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Notices
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Federal Register / Vol. 90, No. 234 / Tuesday, December 9, 2025 /
Notices
[[Page 57026]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of Export Privileges; Nordwind
Airlines; Leningradskaya Str., Building 25, Office 27. 28, Moscow
Region, Khimki City, 141402, 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 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 Nordwind Airlines (``Nordwind'') 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 Nordwind 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 38704).
\3\ The December 20, 2022 renewal order was published in the
Federal Register on December 27, 2022 (87 FR 79725). The June 15,
2023 renewal order was published in the Federal Register on June 21,
2023 (88 FR 40202). The June 15, 2023 renewal order was modified on
June 27, 2023 and published in the Federal Register on June 30, 2023
(88 FR 42290). The June 27, 2023 modification made no changes to the
scope or length of prohibitions against Nordwind. The December 11,
2023 renewal order was published in the Federal Register on December
14, 2023 (88 FR 86623). The December 6, 2024 renewal order was
published in the Federal Register on December 13, 2024 (89 FR
100949).
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On November 3, 2025, BIS, through OEE, submitted a written request
for a fifth 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 Nordwind 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.'' \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
[[Page 57027]]
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 on 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
Nordwind 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 Nordwind 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, Yerevan, Armenia, Istanbul,
Turkey, and Sharm el-Sheikh, Egypt, without the required BIS
authorization.\7\ Further evidence indicated that Nordwind also
operated aircraft subject to the EAR on domestic flights within Russia,
potentially in 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 7, 2022, serial number (``SN'') 40874 flew
from Yerevan, Armenia to Kazan, Russia; SN 40233 flew from Istanbul,
Turkey to Kazan, Russia; and SN 40236 flew from Sharm el-Sheikh,
Egypt to Moscow, Russia.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, Nordwind 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 Sharm el-Sheikh, Egypt and
Bokhtar, Tajikistan.\9\ The June 15, 2023 order documented a similar
pattern of prohibited conduct including a flight from Tehran, Iran to
Moscow, Russia.\10\ Similarly, the December 11, 2023 order detailed
flights into and out of Russia from/to Khujand, Tajikistan, Dushanbe,
Tajikistan, and Osh, Kyrgyzstan.\11\ Additionally, the December 6, 2024
renewal order detailed flights into and out of Russia from/to Bishkek,
Kyrgyzstan, Bokhtar, Tajikistan, and Khujand, Tajikistan.\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 that on
December 3, 2022, SN 42059 flew from Sharm el-Sheikh, Egypt to
Orenburg, Russia and on December 2, 2022, SN 40874 flew from
Hurghada, Egypt to Moscow, Russia. In addition, on November 29,
2022, SN 35700 flew from Bokhtar, Tajikistan to Moscow, Russia.
\10\ Publicly available flight tracking information shows that
SN 35700 flew from Bokhtar, Tajikistan to Orsk, Russia on June 2,
2023. Additionally, SN 40874 flew from Tehran, Iran to Moscow,
Russia on May 16, 2023 and SN 42233 flew from Osh, Kyrgyzstan to
Tyumen, Russia on June 10, 2023.
\11\ Publicly available flight tracking information shows that
SN 35700 flew from Khujand, Tajikistan to Kazan, Russia on December
6, 2023. Additionally, SN 40874 flew from Dushanbe, Tajikistan to
Kazan, Russia on November 26, 2023. On November 4, 2023 SN 40233
flew from Osh, Kyrgyzstan to Tyumen, Russia.
\12\ Publicly available flight tracking information shows that
SN 40874 flew from Bokhtar, Tajikistan to Moscow, Russia on November
21, 2024. Additionally, SN 40233 flew from Khujand, Tajikistan to
Kazan, Russia on October 31, 2024. On October 27, 2024, SN 35700
flew from Bishkek, Kyrgyzstan to Kazan, Russia.
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Since that time, Nordwind has continued to engage in conduct
prohibited by the applicable TDO and Regulations. In its November 3,
2025 request for renewal of the TDO, BIS submitted evidence that
Nordwind 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 Nordwind continues to operate aircraft subject to the
EAR, including, but not limited to, on flights into and out of Russia
from/to Bokhtar, Tajikistan, Osh, Kyrgyzstan, and Bishkek Kyrgyzstan.
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-73313......................... 35700 737-82R (B738)...... Sochi, RU/St. October 14, 2025.
Petersburg, RU.
RA-73313......................... 35700 737-82R (B738)...... Kaliningrad, RU/ October 13, 2025.
Kazan, RU.
RA-73313......................... 35700 737-82R (B738)...... Bokhtar, TJ/Moscow, October 9, 2025.
RU.
RA-73313......................... 35700 737-82R (B738)...... Kazan, RU/Khujand, October 6, 2025.
TJ.
RA-73317......................... 40874 737-82R (B738)...... St. Petersburg, RU/ October 14, 2025.
Kemerovo, RU.
RA-73317......................... 40874 737-82R (B738)...... Osh, KG/Tyumen, RU.. October 13, 2025.
RA-73314......................... 40233 737-8KN (B738)...... Khujand, TJ/Kazan, October 15, 2025.
RU.
RA-73314......................... 40233 737-8KN (B738)...... Kazan, RU/Sochi, RU. October 14, 2025.
RA-73314......................... 40233 737-8KN (B738)...... Cheboksary, RU/ October 13, 2025.
Sochi, RU.
RA-73314......................... 40233 737-8KN (B738)...... Bishkek, KG/Kazan, October 2, 2025.
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 Nordwind 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 Nordwind 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 Nordwind, 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, Nordwind Airlines, Leningradskaya str., building 25, office
27. 28m, Moscow region, Khimki city, 141402, Russia, when acting for or
on their behalf, any successors or assigns,
[[Page 57028]]
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
Nordwind 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 Nordwind 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 Nordwind 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 Nordwind 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 Nordwind 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 Nordwind, or service any item, of
whatever origin, that is owned, possessed or controlled by Nordwind 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 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.
David Peters,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2025-22354 Filed 12-8-25; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.