Notice2026-19021
Azur Air, Office 29, Vzletnaya St. 57, Krasnoyarsk, Russia 660020; Order Renewing Temporary Denial of Export Privileges
Primary source
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Published
September 17, 2026
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Full Text
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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 58843-58846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19021]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Azur Air, Office 29, Vzletnaya St. 57, Krasnoyarsk, Russia
660020; 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 Azur Air (``Azur'') 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 7, 2022, the then-Assistant Secretary of Commerce for
Export Enforcement (``Assistant Secretary'') signed an order denying
Azur'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 3, 2022, March
29, 2023, September 23, 2023, September 20, 2024, and September 16,
2025 \3\ in accordance with Section 766.24(d) of the Regulations.\4\
The September 20, 2024, renewal order was modified on January 31, 2025
\5\ to update the address for Azur based on additional investigation.
No other changes or modifications were made to the September 20, 2024,
renewal order. This renewal order reflects the corrected address.
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\2\ The TDO was published in the Federal Register on April 12,
2022 (87 FR 21614).
\3\ The October 3, 2022 renewal order was published in the
Federal Register on October 7, 2022 (87 FR 60983). The March 29,
2023 renewal order was published in the Federal Register on April 4,
2023 (88 FR 19908). The September 23, 2023 renewal order was
published in the Federal Register on September 28, 2023 (88 FR
66805). The September 20, 2024 renewal order was published in the
Federal Register on September 25, 2024 (89 FR 78280). The September
16, 2025 renewal order was published in the Federal Register on
September 19, 2025 (90 FR 45175).
\4\ 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. 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.
\5\ The January 30, 2025 modification order was published in the
Federal Register on February 5, 2025 (90 FR 9017).
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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 Azur 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
[[Page 58844]]
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
Russian Federation (``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 TDO and the renewal orders
subsequently issued in this matter, as well as other evidence developed
during this investigation. This evidence demonstrates that Azur 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 Azur 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, Nha
Trang, Vietnam; Dubai, United Arab Emirates (``UAE''); and Antalya,
Turkey, without the required BIS authorization.\9\ Further evidence
indicated that Azur 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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\9\ Publicly available flight tracking information shows that on
March 6, 2022, serial number (SN) 27612 flew from Nha Trang, Vietnam
to Moscow, Russia and on March 10, 2022, SN 27909 flew from Dubai,
UAE to Vladivostok, Russia. In addition, on March 17, 2022, SN 21614
flew from Antalya, Turkey to Kazan, Russia.
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As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, Azur 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.\10\ The October 3, 2022 renewal order detailed
flights into and out of Russia from/to Antalya, Turkey; Dalaman,
Turkey; and Bodrum, Turkey.\11\ The March 29, 2023 renewal order
detailed flights into and out of Russia from/to Sharm el-Sheikh, Egypt;
Goa, India; Male, Maldives; Rayong, Thailand; and Adana, Turkey.\12\
Similarly, the September 23, 2023 renewal order detailed flights into
and out of Russia from/to Hurghada, Egypt; Sharm el-Sheikh, Egypt;
Phuket, Thailand; Antalya, Turkey; and Dalaman, Turkey.\13\ Further,
the September 20, 2024 renewal order detailed flights into and out of
Russia from/to Antalya, Turkey; Hurghada, Egypt; Sharm el-Sheikh,
Egypt; and Dalaman, Turkey.\14\ Finally, the September 16, 2025 renewal
order detailed flights into and out of Russia from/to Antalya, Turkey;
Dalaman, Turkey; Nha Trang, Vietnam; and Sharm el-Sheikh, Egypt.\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 29377 flew from Antalya, Turkey to Moscow, Russia on September
21, 2022. In addition, on September 20, 2022, SN 26271 flew from
Bodrum, Turkey to Moscow, Russia and SN 30045 flew from Dalaman,
Turkey to Yekaterinburg, Russia.
\12\ Publicly available flight tracking information shows that
SN 29377 flew from Adana, Turkey to Moscow, Russia on March 13, 2023
and from Sharm el-Sheikh, Egypt to Moscow, Russia on March 14, 2023.
In addition, SN 30045 flew from Goa, India to Perm, Russia on March
3, 2023 and from Rayong, Thailand to Kemerovo, Russia on March 6,
2023. On February 18, 2023, SN 24947 flew from Male, Maldives to
Moscow, Russia.
\13\ Publicly available flight tracking information shows that
SN 29377 flew from Antalya, Turkey to Moscow, Russia on September
19, 2023 and from Phuket, Thailand to Vladiovostok, Russia on August
15, 2023. In addition, SN 26271 flew from Hurghada, Egypt to Moscow,
Russia on August 31, 2023 and Sharm el-Sheikh, Egypt to Perm, Russia
on September 20, 2023. On September 12, 2023, SN 24947 flew from
Dalaman, Turkey to Yekaterinburg, Russia.
\14\ Publicly available flight tracking information shows that
SN 29377 flew from Antalya, Turkey to Sochi Russia on September 13,
2024 and from Hurghada, Egypt to Samara, Russia on September 5,
2024. In addition, SN 30045 flew from Sharm el-Shiekh, Egypt to Ufa,
Russia on September 7, 2024. On September 3, 2024, SN 24947 flew
from Dalaman, Turkey to Yekaterinburg, Russia.
\15\ Publicly available flight tracking information shows that
SN 29377 flew from Ufa, Russia to Antalya, Turkey on September 4,
2025 and from Nha Trang, Vietnam to Novosibirsk, Russia on July 10,
2025. In addition, SN 30043 flew from Dalaman, Turkey to Kazan,
Russia on August 17, 2025. On August 15, 2025, SN 24947 flew from
Sharm el-Sheikh, Egypt to Moscow, Russia.
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Since that time, Azur 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 Azur 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 September
16, 2025 renewal order and/or the Regulations. Specifically, BIS's
evidence and related investigation demonstrates that Azur continues to
operate aircraft subject to the EAR, including, but not limited to, on
flights into and out of Russia from/to Antalya, Turkey; Bodrum, Turkey;
Dalaman, Turkey; Nha Trang, Vietnam; Phu Quoc, Vietnam; Phuket,
Thailand; Rayong,
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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-73071....................... 29377 757-2Q8 (B752)... Antalya, TR/ July 17, 2026.
Ulyanovsk, RU.
RA-73071....................... 29377 757-2Q8 (B752)... Moscow, RU/ July 9, 2026.
Antalya, TR.
RA-73071....................... 29377 757-2Q8 (B752)... Antalya, TR/ July 8, 2026.
Surgut, RU.
RA-73071....................... 29377 757-2Q8 (B752)... Antalya, TR/ July 6, 2026.
Kazan, RU.
RA-73071....................... 29377 757-2Q8 (B752)... Dalaman, TR/ June 16, 2026.
Moscow, RU.
RA-73029....................... 26330 757-2K2 (B752)... Bodrum, TR/ July 17, 2026.
Moscow, RU.
RA-73029....................... 26330 757-2K2 (B752)... Bodrum, TR/ July 10, 2026.
Moscow, RU.
RA-73029....................... 26330 757-2K2 (B752)... Bodrum, TR/ June 26, 2026.
Moscow, RU.
RA-73029....................... 26330 757-2K2 (B752)... Moscow, RU/ June 18, 2026.
Bodrum, TR.
RA-73029....................... 26330 757-2K2 (B752)... Moscow, RU/ June 6, 2026.
Bodrum, TR.
RA-73076....................... 30043 757-28A (B752)... Phuket, TH/ March 22, 2026.
Novosibirsk, RU.
RA-73076....................... 30043 757-28A (B752)... Abakan, RU/ March 22, 2026.
Novosibirsk, RU.
RA-73076....................... 30043 757-28A (B752)... Rayong, TH/ March 17, 2026.
Krasnoyarsk, RU.
RA-73076....................... 30043 757-28A (B752)... Phu Quoc, VN/ March 13, 2026.
Novosibirsk RU.
RA-73076....................... 30043 757-28A (B752)... Vladivostok, RU/ March 9, 2026.
Rayong, TH.
RA-73072....................... 29382 757-2Q8 (B752)... Nha Trang, VN/ April 24, 2026.
Novosibirsk, RU.
RA-73072....................... 29382 757-2Q8 (B752)... Phuket, TH/ April 22, 2026.
Novosibirsk, RU.
RA-73072....................... 29382 757-2Q8 (B752)... Phu Quoc, VN/ April 16, 2026.
Novosibirsk, RU.
RA-73072....................... 29382 757-2Q8 (B752)... Krasnoyarsk, RU/ April 7, 2026.
Rayong, TH.
RA-73072....................... 29382 757-2Q8 (B752)... Rayong, TH/ March 26, 2026.
Novosibirsk, 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 Azur 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 Azur 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 Azur, 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, Azur Air, Office 29, Vzletnaya St. 57, Krasnoyarsk, Russia
660020, 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
Azur 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 Azur 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 Azur 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 Azur 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 Azur 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 Azur, or service any item, of
whatever origin, that is owned, possessed or controlled by Azur 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
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section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to Azur 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,
Azur 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 Azur 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 Azur, 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 for Export Enforcement.
[FR Doc. 2026-19021 Filed 9-16-26; 8:45 am]
BILLING CODE 3510-DT-P
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