BIS Applies Existing Sanctions to Partially-Owned Affiliates; TGB Aviation Added to Sanction List

NOTE: Implementation of this rule has been postponed by one year. For more details click here.

A new rule will apply Bureau of Industry and Security [“BIS”] sanctions to “affiliates,” and thus the sanctions will be expanded to include certain non-listed companies. This will create a de facto increased obligation for exporters to collect data and perform due diligence on export transactions.

As most of you know, State Department sanctions “flow-down,” meaning that if a company is sanctioned and it controls another company, the sanctions apply to the controlled company as well, even though the controlled company might not be listed as a sanctions-target.

The new BIS rules will apply a similar “flow-down” approach to any transaction that is subject to the jurisdiction of the BIS (which is most transactions in civil aircraft parts). If the potential partner is owned by a business or person that is restricted under Commerce or Treasury regulations, then the restrictions may “flow-down” to the potential partner. The rule is published in multiple parts, so here is a summary of the relevant parts:

  • If the parent entity is sanctioned under the BIS Entity List, and the parent entity owns 50% or more of the child business, then the child business is treated as if it were a BIS-sanctioned business as well (new language in 15 C.F.R. § 744.11(a)(1)).
  • If the parent entity is sanctioned as a military end user (“MEU”) under the BIS rules, and the parent entity owns 50% or more of the child business, then the child business is treated as if it were a BIS-sanctioned business as well (new language in 15 C.F.R. § 744.11(a)(1)).
  • If the parent entity is sanctioned as a Treasury Department Specially Designated National (SDN), and the parent entity owns 50% or more of the child business, then the child business is treated as if it were a BIS-sanctioned business as well (new language in 15 C.F.R. § 744.8(a)(2)).
  • For purposes of these rule, ownership will include direct or indirect ownership; if two or more restricted entities own 50% or more of a business, then their ownership will be aggregated for purposes of identifying whether the rule applies.
  • Generally these restrictions will not (yet) flow-down from the unlisted entities. Thus if an unlisted child entity is restricted by these rules, then its own 50%-owned subsidiaries (grandchildren) will typically not be affected by the restrictions until (1) the child-owner is listed or (2) the grandchild is listed.
  • The child business who is affected by these rules can request that it be specifically excluded from its parent listing. If this is successful, then parent entity’s listing (on the Entity List) would be modified to exclude the child business (new language in 15 C.F.R. §§ 744.16(e); 744.21(b)(2)).

This is an interim final rule, which means it became effective immediately, backdated to September 29, 2025. The government has opened comments on this interim final rule, through October 29, and if any reader sees ways to improve the rule, please let us know so that we can make sure your comments are received.

Compliance diligence remains important. We can see this from the latest addition to the Entity List. Tomorrow, the U.S. government plans to add TGB Aviation to the BIS sanctions list (it will be effective as of today). TGB Aviation is a parts distributor in Turkey and they are accused of shipping U.S.-origin aircraft components into Iran.

Many More Russian Aviation Companies Added to U.S. Sanctions List

Today, the U.S. Government published a list of 57 entities added to the BIS denied entities list. Most of the newly-listed entities are aviation-related.

Typically, you may not export to one of these entities unless you first obtain a license from BIS permitting you do perform the export. Don’t forget that the “Russia-rule,” also continues to prohibit most export transactions to Russia and Belarus (15 C.F.R. 746.8). But this addition expands the prohibition against these entities from being involved in U.S. export transactions.

Many of these entities were added because of diversion to the Russian military in violation of the U.S. Military End User (MEU) rules.

The rule became retroactively effective as of September 30, 2022. For items that were legally in transit on September 30th, there is a “savings clause” that permits them to continue on their way.

The list of newly-added companies can be found in the Federal Register at 87 F.R. 60064 (Oct. 4, 2022). The full list of BIS denied entities can be found as Supplement No. 4 to 15 C.F.R. Part 744. You can also search the consolidated screening list, which consolidates the data from several different U.S. government sanctions lists across several different federal agencies.

Here is the list of newly-added entities:

Crimea Region of Ukraine

• Subsidiary Sevastopol Naval Plant of Zvezdochka Shipyard.

Russia

• A. Lyulki Experimental-Design Bureau,
• A. Lyulki Science and Technology Center,
• AO Aviaagregat,
• Central Aerohydrodynamic Institute,
• Closed Joint Stock Company Turborus,
• Federal Autonomous Institution Central Institute of Engine-Building N.A. P.I. Baranov,
• Federal State Budgetary Institution of Science P.I. K.A. Valiev RAS of the Ministry of Science and Higher Education of Russia,
• Federal State Budgetary Institution National Research Center Institute n.a. NE Zhukovsky,
• Federal State Unitary Enterprise All-Russian Research Institute of Physical, Technical and Radio Engineering Measurements,
• Federal State Unitary Enterprise State Scientific-Research Institute for Aviation Systems,
• Federal Technical Regulation and Metrology Agency,
• Institute of Physics Named After P.N. Lebedev of the Russian Academy of Sciences,
• Institute of Solid-State Physics of the Russian Academy of Sciences,
• Joint Stock Company 121 Aviation Repair Plant,
• Joint Stock Company 123 Aviation Repair Plant,
• Joint Stock Company 218 Aviation Repair Plant,
• Joint Stock Company 360 Aviation Repair Plant,
• Joint Stock Company 514 Aviation Repair Plant,
• Joint Stock Company 766 UPTK,
• Joint Stock Company Aramil Aviation Repair Plant,
• Joint Stock Company Aviaremont,
• Joint Stock Company Flight Research Institute N.A. M.M. Gromov,
• Joint Stock Company Metallist Samara,
• Joint Stock Company Moscow Machinebuilding Enterprise named after V.V. Chernyshev,
• Joint Stock Company NII Steel,
• Joint Stock Company Remdizel,
• Joint Stock Company Special Industrial and Technical Base Zvezdochka,
• Joint Stock Company STAR,
• Joint Stock Company Votkinsk Machine Building Plant,
• Joint Stock Company Yaroslavl Radio Factory,
• Joint Stock Company Zlatoustovsky Machine Building Plant,
• Limited Liability Company Center for Specialized Production OSK Propulsion,
• Lytkarino Machine-Building Plant,
• Moscow Aviation Institute,
• Moscow Institute of Thermal Technology,
• National Research Center Kurchatov Institute,
• Omsk Motor-Manufacturing Design Bureau,
• Open Joint Stock Company 20 Aviation Repair Plant,
• Open Joint Stock Company 32 Repair Plant of Flight Support Equipment,
• Open Joint Stock Company 170 Flight Support Equipment Repair Plant,
• Open Joint Stock Company 275 Aviation Repair Plant,
• Open Joint Stock Company 308 Aviation Repair Plant,
• Open Joint Stock Company 322 Aviation Repair Plant,
• Open Joint Stock Company 325 Aviation Repair Plant,
• Open Joint Stock Company 680 Aircraft Repair Plant,
• Open Joint Stock Company 720 Special Flight Support Equipment Repair Plant,
• Open Joint Stock Company Volgograd Radio-Technical Equipment Plant,
• Public Joint Stock Company Agregat,
• Russian Institute of Radio Navigation and Time,
• Rzhanov Institute of Semiconductor Physics, Siberian Branch of Russian Academy of Sciences,
• Salute Gas Turbine Research and Production Center,
• Scientific-Production Association Vint of Zvezdochka Shipyard,
• Scientific Research Institute of Applied Acoustics,
• Siberian Scientific-Research Institute of Aviation N.A. S.A. Chaplygin,
• Software Research Institute, and
• Tula Arms Plant.