On March 30, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) modified and expanded a list of aircraft that have flown into Russia in apparent violation of the Export Administration Regulations (“EAR”).  We more thoroughly discussed the implications of this list – which was first published on March 18, 2022 – in our blog post here.  The updated list adds 73 additional Boeing-manufactured aircraft and modifies tail and/or serial number information for 13 aircraft previously listed on March 18, 2022.  The full list of owners/operators include Aeroflot, AirBridge Cargo, Aviastar-TU, Alrosa, Atran, Azur Air, Nordstar, Nordwind, Pegas Fly, Pobeda, Rossiya, Royal Flight, S7 Airlines, and Utair (FC Chelsea owner Roman Abramovich’s private Gulfstream jet is also on the list).

BIS reiterated its intent to impose penalties, revoke export privileges, and/or pursue jail time for any company or person, wherever located and of any citizenship or residency, that violates the EAR by providing “any form of service” to the listed aircraft that is prohibited by EAR General Prohibition Ten or otherwise.  However, BIS also highlighted the swift benefits that result from stepping forward to provide BIS a voluntary self-disclosure (“VSD”) of apparent violations.  In the 12 days between the first March 18, 2022 press release and the March 30, 2022 update, BIS reports already receiving several VSDs leading it to remove 12 aircraft from the list, thereby permitting those now-removed aircraft to leave Russia and otherwise be serviced in all normally permissible ways without violating the EAR.

Husch Blackwell’s Export Controls and Economic Sanctions Team and International Trade and Supply Chain Practice continue to monitor developments in Russia, Belarus, and Ukraine closely and will provide further updates if or when additional developments occur.  Should you have any questions or concerns, including regarding VSDs to BIS or what actions relating to these aircraft might violate the EAR, please contact Cortney Morgan, Grant Leach, Gregg Sofer, or Tony Busch.

For further background, we suggest that you visit the Husch Blackwell Russia Sanctions Resource Library, which consolidates our updates on previous sanctions and export controls developments concerning Russia, Belarus, and Ukraine.