Sanctions Monitoring. Aviation Sector

EU SANCTIONS

1. It is be prohibited for any aircraft operated by Russian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, or for any Russian registered aircraft, or for any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, to land in, take off from or overfly the territory of the Union¹.

   The competent authorities may authorize an aircraft to land in, take off from, or overfly, the territory of the Union if the competent authorities have determined that such landing, take-off or overflight is required for humanitarian purposes or for any other purpose consistent with these restrictions.

   Besides, the Commission appoints the Network Manager. The Network Manager shall reject all flight plans filed by aircraft operators indicating an intent to carry out activities over the territory of the Union that constitute a violation of this Regulation or of other safety and security measures in place, such that the pilot is not permitted to fly.

2. It is prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia².

   The restrictions do not apply to the execution of contracts until 28 March 2022 concluded before 26 February 2022, or ancillary contracts necessary for the execution of such contracts.

3. It is be prohibited to sell, supply, transfer or export to any natural or legal person, entity or body in the areas of the Donetsk and Luhansk oblasts of Ukraine or for use in these territories goods and technology (EU Code 8414) including air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters for use in the sectors of transport, telecommunications, energy or the prospecting, exploration and production of oil, gas and mineral resources³.

   The restrictions do not apply to obligations arising from contracts concluded before 23 February 2022, or from ancillary contracts necessary for the execution of such contracts, provided that the competent authority has been informed at least five working days in advance.

4. It is prohibited to provide services directly related to tourism activities in the non-government-controlled areas (Donets and Lugansk territories) for nationals of the EU, or from the territories of the EU, or using vessels or aircraft under the jurisdiction of the EU . These restrictions do not apply to the execution of contracts until 24 August 2022 concluded before 23 February 2022, or ancillary contracts necessary for the execution of such contracts.

US SANCTIONS

1. It is prohibited to operate to, from, within, or through U.S. territorial airspace for all Russian air carriers and commercial operators, regardless of the state of registry of the aircraft; all aircraft registered in the Russian federation; all Russian state aircraft, regardless of the state of registry of the aircraft; and all aircraft, regardless of the state of registry, owned, chartered, leased, operated or controlled by, or, or for the benefit of, a person who is a citizen of the Russian federatio⁵.

   Exceptions: 1) aircrafts engaged in humanitarian or search and rescue operations specifically authorized by the FAA, 2) state aircraft operations granted a diplomatic clearance by the U.S. department of state and aircraft experiencing in-flight emergencies.

2. It is also prohibited to overfly the territory of Lviv (Uklv), Kyiv (Ukbv), Dnipro (Ukdv), Simferopol (Ukfv), and Odesa (Ukov) Flight Information Regions as well as the Kyiv Upper Information Region (Uir) (Ukbu)⁶ for U.S. air carriers and commercial operators; all persons exercising the privileges of an airman certificate issued by the FAA, except such persons operating U.S.-registered aircraft for a foreign air carrier; and all operators of civil aircraft registered in the united states, except when the operator of such aircraft is a foreign air carrier.

   The flights may be exercised if there is a respective authorization issued by the FAA administrator or in case of emergency on board.

3. A license is required for export and re-export of American items enumerated in categories 3-9 of Export Control Classification Numbers (ECCN) from Commerce Control List (CCL) including electronics, computers, telecommunications, sensors and lasers, navigation and avionics, marine and aerospace and propulsion⁷ . Applications for such licenses are considered with the presumption of refusal.

UK SANCTIONS

There is an exception from the common export restrictions imposed by the UK and from the restriction to exercise flights which are owned, chartered, or operated by a person connected with Russia, or which are registered in Russia . It is allowed to transfer an aircraft from the UK to Russia, provided that (1) the aircraft is self-driven, or (2) it carries passengers or goods, or (3) the carriage is not for the purpose of transferring ownership of the aircraft or its parts or for a change of operator of the aircraft¹⁰.

A license may be also granted for transfer, supply, or delivery of dual-use goods or technology (as well as technical assistance, brokering or financial services, monetary resources related to sensitive industry goods) or technology if they are used to repair an aircraft that is not registered in Russia or is not owned or operated by a person associated with Russia.

RUSSIAN RESTRICTIONS

There were imposed restrictions on the use of Russian airspace for flights by aircraft owned, leased or operated by a person associated with or registered in the UK , Bulgaria, Poland and the Czech Republic , Austria, Albania, Anguilla (British overseas territory), Belgium, BVI, Canada, Croatia, Cyprus, Denmark (including Greenland and the Faroe Islands), Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Jersey, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland¹³.