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Notice2026-19020

PJSC Aeroflot, 1 Arbat St., 119019, Moscow, Russia; Order Renewing Temporary Denial of Export Privileges

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Published
September 17, 2026

Issuing agencies

Commerce DepartmentIndustry and Security Bureau

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<title>Federal Register, Volume 91 Issue 179 (Thursday, September 17, 2026)</title>
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[Federal Register Volume 91, Number 179 (Thursday, September 17, 2026)]
[Notices]
[Pages 58840-58843]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19020]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


PJSC Aeroflot, 1 Arbat St., 119019, 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 September 16, 2025. 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 PJSC Aeroflot (``Aeroflot'') 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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[[Page 58841]]

I. Procedural History

    On April 7, 2022, the then-Assistant Secretary of Commerce for 
Export Enforcement (``Assistant Secretary'') signed an order denying 
Aeroflot export privileges for a period of 180 days on the grounds 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\ This temporary denial order was subsequently renewed in 
accordance with Section 766.24(d) of the Regulations.\3\ The renewal 
order was issued on October 3, 2022,\4\ and was effective upon 
issuance. Subsequent renewal orders were issued on March 29, 2023, 
September 23, 2023, September 20, 2024, and September 16, 2025 
respectively, and were also effective upon issuance.\5\
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    \2\ The TDO was published in the Federal Register on April 12, 
2022 (87 FR 21611).
    \3\ At the time of the renewal, Section 766.24(d) provides 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. Renewal requests 
are to be made in writing no later than 20 days before the scheduled 
expiration date of a temporary denial order.
    \4\ The October 3, 2022 renewal order, which was effective upon 
issuance, was published in the Federal Register on October 7, 2022 
(87 FR 60985).
    \5\ The March 29, 2023 renewal order was published in the 
Federal Register on April 3, 2023 (88 FR 19609). The September 23, 
2023 renewal order was published in the Federal Register on 
September 28, 2023 (88 FR 66807). The September 20, 2024 renewal 
order was published in the Federal Register on September 25, 2024 
(89 FR 78283). The September 16, 2025 renewal order was published in 
the Federal Register on September 19, 2025 (90 FR 45178).
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    On August 3, 2026, BIS, through OEE, submitted a written request 
for renewal of the TDO that was issued on September 16, 2025. 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 Aeroflot 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.'' \6\ Id.
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    \6\ 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).\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\ 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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    \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).
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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 initial TDO and the renewal 
orders subsequently issued in this matter, as well as other evidence 
developed during this investigation. These facts and evidence 
demonstrate that Aeroflot has continued, and continues, to disregard 
U.S. export controls and the terms of previously issued TDOs. 
Specifically, the initial TDO, issued on April 7, 2022, was based on 
evidence that Aeroflot 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, Beijing, China, Delhi, 
India, and Dubai, United Arab Emirates, without the required BIS 
authorization.\9\ Further evidence submitted by BIS indicated that 
Aeroflot was continuing to operate aircraft subject to the EAR 
domestically on flights within Russia, potentially in violation of 
Section 736.2(b)(10) of the Regulations.
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    \9\ Publicly available flight tracking information shows that on 
March 6, 2022, serial number (SN) 65309 flew from Beijing, China to 
Moscow, Russia, and SN 41690 flew from Dubai, UAE to Moscow, Russia. 
In addition, on March 7, 2022, SN 63511 flew from Delhi, India to 
Moscow, Russia.
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    As discussed in the prior renewal orders, evidence presented by BIS 
indicated that, after the initial order was issued, Aeroflot 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\ Specifically, the October 3, 2022 
renewal order detailed flights into and out of Russia from/to Minsk, 
Belarus, Delhi, India, and Istanbul, Turkey, as well as within 
Russia.\11\ The March 29, 2023 renewal order detailed flights into and 
out of Russia from/to Yerevan, Armenia, Shanghai, China, Bangkok,

[[Page 58842]]

Thailand, and Urgench, Uzebekistan, as well as within Russia.\12\ The 
September 23, 2023 renewal order detailed flights into and out of 
Russia from/to Beijing, China, Delhi, India, and Antalya, Turkey.\13\ 
The September 20, 2024 renewal order detailed flights into and out of 
Russia from/to Antalya, Turkey, Tashkent, Uzbekistan, and Sharm el-
Sheikh, Egypt.\14\ Additionally, the September 16, 2025 renewal order 
detailed flights into and out of Russia from/to Cairo, Egypt, Antalya, 
Turkey, and Phuket, Thailand, as well as within Russia.\15\
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    \10\ Engaging in conduct prohibited by a denial order violates 
the Regulations. 15 CFR 764.2(a) and (k).
    \11\ Publicly available flight tracking information shows that 
SN 41690 flew from Istanbul, Turkey to Moscow, Russia on September 
20, 2022 and from Delhi, India to Moscow, Russia on September 23, 
2022. In addition, on September 1, 2022, SN 41214 flew from Minsk, 
Belarus to Moscow, Russia. On September 13, 2022, SN 41214 flew from 
Moscow, Russia to Sochi, Russia.
    \12\ Publicly available flight tracking information shows that 
SN 41214 flew from Yerevan, Armenia to Moscow, Russia on February 
16, 2023 and from Urgench, Uzbekistan to Moscow, Russia on March 1, 
2023. In addition, on March 2, 2023, SN 41214 flew from Moscow, 
Russia to Sochi, Russia. On February 4, 2023, SN 41690 flew from 
Bangkok, Thailand to Moscow, Russia. On March 5, 2023 and March 19, 
2023, respectively, SNs 65309 and 41690 flew from Shanghai, China to 
Moscow, Russia.
    \13\ Publicly available flight tracking information shows that 
on August 31, 2023, SN 41690 flew from Beijing, China to Moscow 
Russia. On September 19, 2023, SN 65309 flew from Delhi, India to 
Moscow, Russia. On September 17, 2023, SN 65307 flew from Antalya, 
Turkey to Moscow, Russia.
    \14\ Publicly available flight tracking information shows that 
on September 10, 2024, SN 41214 flew from Nizhny Novgorod, Russia to 
Antalya, Turkey. On August 14, 2024, SN 41214 flew from Moscow, 
Russia to Tashkent, Uzbekistan and on August 9, 2025 SN 41214 flew 
from Sharm el-Sheikh, Egypt to Moscow, Russia.
    \15\ Publicly available flight tracking information shows that 
on August 17, 2025, SN 41214 flew from Cairo, Egypt to Moscow, 
Russia. On July 25, 2025, SN 65309 flew from Antalya, Turkey to 
Moscow, Russia. On August 8, 2025, SN 65307 flew from Phuket, 
Thailand to Moscow, Russia and flew from Moscow, Russia to Yuzhno-
Sakhalinsk, Russia on August 14, 2025.
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    Since that time, Aeroflot has continued to engage in conduct 
prohibited by the applicable TDO and Regulations. In its August 3, 2026 
request for renewal of the TDO, BIS submitted evidence that Aeroflot is 
operating aircraft subject to the EAR and classified under ECCN 
9A991.b, both on flights into and within Russia, in violation of the 
September 19, 2025 renewal order and/or the Regulations. Specifically, 
BIS's evidence and related investigation demonstrates that Aeroflot 
continued to operate aircraft subject to the EAR, including, but not 
limited to, on flights into and out of Russia from/to Minsk, Belarus; 
Cairo, Egypt; Antalya, Turkey; and Phuket, Thailand, as well as 
domestically within Russia. 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-73126.......................        41214  737-8LJ (B738)...  Antalya, TR/       July 16, 2026.
                                                                  Novosibirsk, RU.
RA-73126.......................        41214  737-8LJ (B738)...  Yekaterinburg, RU/ July 8, 2026.
                                                                  Hurghada, EG.
RA-73126.......................        41214  737-8LJ (B738)...  Sharm el-Sheikh,   July 7, 2026.
                                                                  EG/
                                                                  Yekaterinburg,
                                                                  RU.
RA-73126.......................        41214  737-8LJ (B738)...  Moscow, RU/        July 6, 2026.
                                                                  Makhachkala, RU.
RA-73126.......................        41214  737-8LJ (B738)...  Antalya, TR/       July 5, 2026.
                                                                  Moscow, RU.
RA-73144.......................        41690  777-3M0 (ER)       Phuket, TH/        July 14, 2026.
                                               (B77W).            Vladivostok, RU.
RA-73144.......................        41690  777-3M0 (ER)       Moscow, RU/Male,   July 7, 2026.
                                               (B77W).            MV.
RA-73144.......................        41690  777-3M0 (ER)       Vladivostok, RU/   July 5, 2026.
                                               (B77W).            Moscow, RU.
RA-73144.......................        41690  777-3M0 (ER)       Khabarovsk, RU/    July 3, 2026.
                                               (B77W).            Moscow, RU.
RA-73144.......................        41690  777-3M0 (ER)       Bangkok, TH/       June 30, 2026.
                                               (B77W).            Moscow, RU.
RA-73146.......................        65309  777-300 (ER)       Bangkok, TH/       July 13, 2026.
                                               (B77W).            Moscow, RU.
RA-73146.......................        65309  777-300 (ER)       Moscow, RU/        July 7, 2026.
                                               (B77W).            Vladivostok, RU.
RA-73146.......................        65309  777-300 (ER)       Petropavlovsk-     July 5, 2026.
                                               (B77W).            Kamchatsky, RU/
                                                                  Moscow, RU.
RA-73146.......................        65309  777-300 (ER)       Bangkok, TH/       June 22, 2026.
                                               (B77W).            Moscow, RU.
RA-73146.......................        65309  777-300 (ER)       Moscow, RU/        June 21, 2026.
                                               (B77W).            Bangkok, TH.
RA-73150.......................        65307  777-3M0 (ER)       Male, MV/Moscow,   July 12, 2026.
                                               (B77W).            RU.
RA-73150.......................        65307  777-3M0 (ER)       Moscow, RU/        July 5, 2026.
                                               (B77W).            Vladivostok, RU.
RA-73150.......................        65307  777-3M0 (ER)       Moscow, RU/Male,   July 3, 2026.
                                               (B77W).            MV.
RA-73150.......................        65307  777-3M0 (ER)       Male, MV/Moscow,   July 2, 2026.
                                               (B77W).            RU.
RA-73150.......................        65307  777-3M0 (ER)       Phuket, TH/        June 9, 2026
                                               (B77W).            Vladivostok, 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 Aeroflot 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 Aeroflot 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 Aeroflot, 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, PJSC Aeroflot, 1 Arbat St., 119019, 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

[[Page 58843]]

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 
Aeroflot 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 Aeroflot 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 Aeroflot 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 Aeroflot 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 Aeroflot 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 Aeroflot, or service any item, of 
whatever origin, that is owned, possessed or controlled by Aeroflot 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 Aeroflot 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, 
Aeroflot 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 Aeroflot 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 Aeroflot, and shall be 
published in the Federal Register.
    This Order is effective immediately and shall remain in effect for 
one year.

    Dated: September 11, 2026.
David A. Peters,
Assistant Secretary of Commerce Secretary for Export Enforcement.
[FR Doc. 2026-19020 Filed 9-16-26; 8:45 am]
BILLING CODE 3510-DT-P


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Indexed from Federal Register on September 17, 2026.

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.