U.S. updated list of foreign-produced commercial aircraft exported to Russia in apparent violation of export controls

Providing any form of service to these 25 aircraft also may likely be a violation of U.S. law

Providing any form of service to these 25 aircraft may likely be violation of U.S. law

The Bureau of Industry and Security (BIS) of the U.S. Commerce Department today announced an update to the list of aircraft that have flown into Russia or Belarus in apparent violation of the Export Administration Regulations (EAR) and added the first 25 foreign-produced aircraft that BIS has identified as apparently violating the de minimis threshold for U.S. components.

There are now a total of 183 aircraft identified on the list for apparent violations of U.S. export controls.

As noted in today’s BIS release, BIS has identified aircraft subject to the EAR, flying from third countries to Russia (since March 2) or Belarus (since April 8), all of which are owned or controlled by, or under charter or lease to, Belarus, Russia, or Russian or Belarusian nationals.  In addition to U.S.-origin aircraft, foreign-produced aircraft that exceed a de minimis amount—greater than 25%—of controlled U.S.-origin content by value are also subject to the EAR.

Accordingly, BIS identified 25 foreign-produced aircraft that are subject to the EAR due to meeting this de minimis threshold that have apparently violated BIS’s stringent export controls on Russia.  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.

For more information on sanctions and other responses to Russia’s war on Ukraine, visit KPMG’s dedicated website.

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
E: ivaysfeld@kpmg.com

Amie Ahanchian
E: aahanchian@kpmg.com

Christopher Young
E: christopheryoung@kpmg.com

Gisele Belotto
E: gbelotto@kpmg.com

George Zaharatos
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
E: jlibby@kpmg.com


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