Aviastar-TU, 5 b. 7 Leningradsky prospect g. Moskva, 125040, Moscow, Russia; Order Renewing Temporary Denial of Export Privileges

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Published

March 31, 2026

Issuing agencies

Commerce DepartmentIndustry and Security Bureau

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<title>Federal Register, Volume 91 Issue 61 (Tuesday, March 31, 2026)</title>
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[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Notices]
[Pages 15948-15951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06161]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

Aviastar--TU, 5 b. 7 Leningradsky prospect g. Moskva, 125040,
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 April 2, 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 Aviastar--TU (``Aviastar'') 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,
which includes the Export Control Reform Act of 2018, 50 U.S.C.
4801-4852 (``ECRA''). 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 April 21, 2022, the then-Assistant Secretary of Commerce for
Export Enforcement signed an Order denying Aviastar'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 October 17, 2022,\3\ April 14, 2023,\4\
October 6, 2023,\5\ April 2, 2024,\6\ and March 31,

[[Page 15949]]

2025 \7\ in accordance with section 766.24(d) of the Regulations.
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\2\ The TDO was published in the Federal Register on April 26,
2022 (87 FR 24514).
\3\ The October 17, 2022 Renewal Order, which was effective upon
issuance, was published in the Federal Register on October 20, 2022
(87 FR 63760).
\4\ The April 14, 2023 Renewal Order, which was also effective
upon issuance, was published in the Federal Register on April 19,
2023 (88 FR 24162).
\5\ The October 6, 2023 Renewal Order, which was also effective
upon issuance, was published in the Federal Register on October 13,
2023 (88 FR 70928).
\6\ The April 2, 2024 Renewal Order, which was also effective
upon issuance, was published in the Federal Register on April 5,
2024 (89 FR 23967). This April 2024 Renewal Order was issued for a
period of one year, pursuant to an August 2023 amendment to Section
766.24(d)(1) of the EAR allowing for extended TDO renewals up to one
year in cases demonstrating a pattern of repeated, ongoing and/or
continuous apparent violations (88 FR 59791).
\7\ The March 31, 2025 Renewal Order, which was effective upon
issuance, was published in the Federal Register on April 4, 2025 (90
FR 14780).
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On January 26, 2026, BIS, through OEE, submitted a written request
for a sixth 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 Aviastar 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.'' \8\ Id.
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\8\ 88 FR 59791 (Aug. 30, 2023).
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B. The TDO and BIS's Request for Renewal

Effective February 24, 2022, BIS imposed 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).\9\ 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).\10\ 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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\9\ 87 FR 12226 (Mar. 3, 2022).
\10\ 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 October 17, 2022, April 14, 2023,
October 6, 2023, April 2, 2024, and March 31, 2025 as well as other
evidence developed during this investigation. This evidence
demonstrates that Aviastar has continued to act in blatant disregard
for U.S. export controls and the terms of previously issued TDOs.
Specifically, the initial TDO, issued on April 21, 2022, was based on
evidence that Aviastar 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, Hangzhou, China; Shenzhen,
China; and Zhengzhou, China from/to Novosibirsk, Russia and Abakan,
Russia, without the required BIS authorization.\11\ Further evidence
indicated that Aviastar 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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\11\ Publicly available flight tracking information shows that
on April 10, 2022, serial number (SN) 27054 flew from Hangzhou,
China to Novosibirsk, Russia, and on April 12, 2022, SN 27054 flew
from Zhengzhou, China to Abakan, Russia. In addition, on April 12,
2022, SN 27053 flew from Shenzhen, China to Abakan, Russia.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial April 21, 2022 TDO issued, Aviastar
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.\12\ The October 17, 2022 Order
identified flights into and out of Russia from/to Hangzhou, China and
Zhengzhou, China.\13\ The April 14, 2023 and October 6, 2023 Orders
identified domestic flights within Russia.\14\ The April 2, 2024 Order
identified flights from Hangzhou, China to Russia and domestic flights
within Russia.\15\ The March 31, 2025 Order identified flights from
Mumbai, India to Russia as well as flights within Russia.\16\
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\12\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\13\ Publicly available flight tracking information shows that
on May 22, 2022, SN 27054 flew from Zhengzhou, China to Novosibirsk,
Russia, and on May 25, 2022, SN 27053 flew from Hangzhou, China to
Novosibirsk, Russia. In addition, on September 22, 2022, SN 25731
flew from Irkutsk, Russia to Moscow, Russia.
\14\ Publicly available flight tracking information shows that
on February 24, 2023, SN 27053 flew from Novosibirsk, Russia to
Mirny, Russia. On March 7, 2023, SN 25696 flew from Novosibirsk,
Russia to Moscow, Russia. On September 26, 2023 SN 25731 flew from
Ulan-Ude, Russia to Moscow, Russia. In addition, on SN 27054 flew
form Norilsk, Russia to Moscow, Russia.
\15\ Publicly available flight tracking information shows that
on February 12, 2024, SN 25696 flew from Nizhnevartovsk, Russia to
Yakutsk, Russia and, on March 3, 2024, flew from Hangzhou, China to
Novosibirsk, Russia. In addition, on March 6, 2024, SN 27053 flew
from Novosibrisk, Russia to Moscow, Russia and, on March 18, 2024,
flew from Norilsk, Russia to Moscow, Russia.
\16\ Publicly available flight tracking information shows that
on August 16, 2024, SN 25696 flew from Mumbai, India to Irkutsk,
Russia and on January 25, 2025, flew from Norilsk, Russia to Moscow,
Russia. Additionally, on February 4, 2025, SN 25731 flew from
Norilsk, Russia to Moscow, Russia and on March 13, 2025, flew from
Novosibirsk, Russia to Mirny, Russia.
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Since March 2025, Aviastar continues to engage in conduct
prohibited by the TDO and Regulations. In its January 26, 2026 request
for TDO renewal, BIS submitted evidence that Aviastar 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 March 31,
2025 Renewal Order and/or the Regulations. Specifically, BIS's evidence
and related investigation demonstrates that Aviastar continues to
operate aircraft subject to the EAR domestically within Russia.
Information about those

[[Page 15950]]

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-73356................... 27056 757-223 (PCF) (B752).. Moscow, RU/ February 8, 2026.
Krasnoyarsk, RU.
RA-73356................... 27056 757-223 (PCF) (B752).. Ulan-Ud, RU/Moscow, RU January 23, 2026.
RA-73356................... 27056 757-223 (PCF) (B752).. Moscow, RU/ January 17, 2026.
Krasnoyarsk, RU.
RA-73356................... 27056 757-223 (PCF) (B752).. Pevek, RU/Moscow, RU.. January 15, 2026.
RA-73354................... 27053 757-223 (PCF) (B752).. Krasnoyarsk, RU/ February 6, 2026.
Moscow, RU.
RA-73354................... 27053 757-223 (PCF) (B752).. Mirny, RU/Moscow, RU.. January 15, 2026.
RA-73354................... 27053 757-223 (PCF) (B752).. Moscow, RU/Mirny, RU.. January 14, 2026.
RA-73354................... 27053 757-223 (PCF) (B752).. Nizhnevartovsk, RU/ January 10, 2026.
Moscow, RU.
RA-73354................... 27053 757-223 (PCF) (B752).. Norilsk, RU/Moscow, RU January 4, 2026.
RA-73352................... 25731 757-223 (PCF) (B752).. Novosibirsk, RU/ February 7, 2026.
Moscow, RU.
RA-73352................... 25731 757-223 (PCF) (B752).. Moscow, RU/Norilsk, RU January 14, 2026.
RA-73352................... 25731 757-223 (PCF) (B752).. Anadyr, RU/Moscow, RU. January 13, 2026.
RA-73352................... 25731 757-223 (PCF) (B752).. Moscow, RU/ January 12, 2026.
Krasnoyarsk, RU.
RA-73352................... 25731 757-223 (PCF) (B752).. Yamburg, Russia/ January 11, 2026.
Moscow, 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 Aviastar 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 Aviastar 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 Aviastar, 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, Aviastar--TU, 5 b. 7 Leningradsky prospekt, g. Moskva,
125040, 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 (in-country) to or on behalf of
Aviastar 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 Aviastar 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 Aviastar 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 Aviastar 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 Aviastar 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 Aviastar, or service any item, of
whatever origin, that is owned, possessed, or controlled by Aviastar 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 Aviastar 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,
Aviastar 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

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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 Aviastar 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 Aviastar, and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
one year.

David A. Peters,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2026-06161 Filed 3-30-26; 8:45 am]
BILLING CODE 3510-DT-P

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