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.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Cortney Morgan Cortney Morgan

An experienced attorney in the area of international trade and supply chain issues, Cortney advises foreign and domestic clients on all aspects of international trade regulation, planning and compliance, including import (customs), export controls, economic sanctions, embargoes, international trade agreements and preference programs.

Photo of Grant Leach Grant Leach

Grant focuses his practice on international trade, international compliance, securities, mergers, acquisitions and general corporate matters.

Photo of Tony Busch Tony Busch

Tony advises clients on export control matters pertaining to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Tony also provides the export control profile required for “critical technologies” analysis in Committee on Foreign Investment in the United States…

Tony advises clients on export control matters pertaining to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Tony also provides the export control profile required for “critical technologies” analysis in Committee on Foreign Investment in the United States (CFIUS) matters. Additionally, Tony counsels clients seeking to comply with Census Bureau Foreign Trade Regulations (FTR), Bureau of Industry & Security (BIS) Anti-boycott Regulations, and Office of Foreign Assets Control (OFAC) sanctions.

Photo of Isabella Peek Isabella Peek

A love for international law drew Isabella to Georgetown Law and ultimately to Husch Blackwell.

Isabella’s early career experience working across the United States (D.C., Chicago, Reno, Omaha, Carson City), and experience studying abroad in England and Italy, solidified her ambition to work

A love for international law drew Isabella to Georgetown Law and ultimately to Husch Blackwell.

Isabella’s early career experience working across the United States (D.C., Chicago, Reno, Omaha, Carson City), and experience studying abroad in England and Italy, solidified her ambition to work with clients worldwide. Her passion for international issues is what first drew her to Georgetown Law School, and it later made Husch Blackwell a logical next career step.

Isabella’s skill and ambition made her a formidable competitor on the equestrian team in college, giving her the opportunity to build a high level of self-discipline and contribute to the success of a team. Her time management abilities helped Isabella perform at a high level both academically and as an equestrian. It’s that kind of accomplishment and organization that make her such an effective partner for clients and businesses around the globe.