Updated List Continues Effort to Notify Public that Providing Any Form of Service to These Aircraft is Also a Likely Violation of U.S. Law

Today, the U.S. Commerce Department, through its Bureau of Industry and Security (BIS), publicly identified 10 additional aircraft in likely violation of U.S. export controls, including the first seven Belarusian owned/operated commercial aircraft identified since restrictions on Belarus were tightened via regulation effective on April 8, 2022. BIS is also updating the tail numbers of 32 planes already on the list to account for the planes’ purported re-registration in Russia. BIS has also authorized two planes to leave Russia and they will be removed from the list. The aircraft identified on the list have flown into Russia and/or Belarus in apparent violation of the Export Administration Regulations (EAR). 

BIS is continuing its efforts to notify the public that providing any form of service to these aircraft requires authorization. Absent such authorization, any person anywhere—including within Belarus or Russia—risks violating the EAR and would be subject to BIS enforcement actions, which could include substantial jail time, fines, loss of export privileges, or other restrictions.  By restricting these aircraft from receiving any service, for example including from abroad, international flights from Belarus or Russia on these aircraft are effectively grounded. This ongoing effort is part of BIS’s response to Russia’s further invasion of Ukraine, which Belarus has enabled and supported.

“Maintaining this list reinforces to Putin and his enablers that they are isolated from the world, and anyone who seeks to enable their aggression or flout our export controls, does so at their own peril,” said Secretary of Commerce Gina M. Raimondo. “The Department of Commerce will continue to exercise our legal authorities and ensure this message remains clear. We will continue working with our allies and partners to cut Russia and Belarus off from the global economy to maximize pressure on Putin and his military operations.”

“Vladimir Putin and his enablers have made themselves pariahs as a result of their brutal violation of Ukrainian sovereignty. The Commerce Department, along with our growing coalition of allies and partners, will continue to ensure that they pay the price for the untold devastation they are wreaking upon the region and the people of Ukraine.” said Deputy Secretary of Commerce Don Graves. “By rejecting the international rule of law, Russia and Belarus have made it clear that they do not deserve the benefits of participating in the global economy, and that includes international travel. So long as Russia continues this unwarranted assault, Commerce will continue to take consequential actions to hold them to account.”

“New restrictions on Belarusian aircraft were put in place just last Friday, and less than a week later we’re already telling the world that servicing specific Belarusian planes is a no go,” said Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod. “As U.S. export controls continue to ratchet up given Russia’s continued brutal war in Ukraine, we will continue to swiftly and vigorously enforce them.”

Effective March 2, 2022, BIS imposed expansive and stringent controls on aviation-related items destined to Belarus, including for specified aircraft or aircraft parts, similar to those imposed on Russia on February 24, 2022.  The March 2, 2022, rule also removed license exception availability for any aircraft registered in, owned, or controlled by, or under charter or lease by Russia or a national of Russia, thus imposing a license requirement for Russian owned/operated aircraft. 

On April 8, 2022, BIS issued a rule that similarly removed license exception availability for any aircraft registered in, owned, or controlled by, or under charter or lease by Belarus or a national of Belarus, also imposing a license requirement for these Belarusian owned/operated aircraft.  As a result, any aircraft manufactured in the United States, or that is manufactured in a foreign country and includes more than 25% U.S.-origin controlled content, is subject to a license requirement if such aircraft is destined for Belarus or Russia.

Since April 9, 2022, based on publicly available information, BIS has identified a number of commercial aircraft being reexported from third countries to Belarus, all of which are owned or controlled by, or under charter or lease to, Belarus or Belarusian nationals, and has listed those aircraft below (in bold).  This is in addition to BIS’s on-going identification of Russian aircraft via public listing that have likely violated the EAR since March 2, 2022. 

The list below has been updated (with additions in bold) and currently totals 153 aircraft with 146 Russian-owned/operated aircraft and seven Belarusian owned/operated aircraft.  Accordingly, any subsequent actions taken with regard to any of the listed aircraft, including, but not limited to, refueling, maintenance, repair, or the provision of spare parts or services, are subject to the prohibitions outlined in General Prohibition Ten of the EAR (Section 736.2(b)(10)), which provides:

(10) General Prohibition Ten - Proceeding with transactions with knowledge that a violation has occurred or is about to occur (Knowledge Violation to Occur). You may not sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service, in whole or in part, any item subject to the EAR and exported or to be exported with knowledge that a violation of the Export Administration Regulations, the Export Administration Act or any order, license, License Exception, or other authorization issued thereunder has occurred, is about to occur, or is intended to occur in connection with the item. Nor may you rely upon any license or License Exception after notice to you of the suspension or revocation of that license or exception. There are no License Exceptions to this General Prohibition Ten in part 740 of the EAR.

Please note this list is not exhaustive and the restrictions also apply in any situation in which a person has knowledge that a violation of the EAR has occurred, is about to occur, or is intended to occur in connection with an aircraft or other item that is subject to the EAR, whether or not such aircraft or other item is included on this list. This list will continue to be updated as circumstances warrant.

BIS has also updated the tail numbers of aircraft previously identified in the table below to reflect their purported re-registration in Russia (also in bold) and also modified the list to remove aircraft that have been authorized by BIS to leave Russia. Accordingly, the following aircraft have been removed from the list: VQ-BTK (Azur Air) and VP-BJR (Nordwind).

Additional BIS resources on export controls implemented in response to Russia’s invasion of Ukraine are available at: https://bis.doc.gov/index.php/policy-guidance/country-guidance/Russia-belarus

The public may submit confidential enforcement tips via the BIS website: https://www.bis.doc.gov/index.php/component/rsform/form/14?task=forms.edit, or by calling the Enforcement Hotline at 1-800-424-2980.

These BIS actions were taken under the authority of the Export Control Reform Act of 2018 and its implementing regulations, the Export Administration Regulations (EAR).

For more information, visit www.bis.doc.gov.

FULL LIST AS OF APRIL 14, 2022