Billing Code: 3510-DT-P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Temporarily Denying Export Privileges
Turboshaft FZE
Q3-117 Saif Zone 9732
Sharjah, UAE
Treetops Aviation
Office #4801
Marina Pinnacle Tower
Dubai, UAE
#1575 New Agents Bldg,
Cargo Village P.O. Box 62369
Dubai, UAE
Black Metal FZE
Q3-117 Saif Zone 9732
Sharjah, UAE
Timur Badr
Q3-117 Saif Zone 9732
Sharjah, UAE
Elaine Balingit
Office #4802
Marina Pinnacle Tower
Dubai, UAE
Q3-117 Saif Zone 9732
Sharjah, UAE

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Pursuant to section 766.24 of the Export Administration Regulations, 15 CFR parts 730774 (“EAR” or “the Regulations”),1 the Bureau of Industry and Security (“BIS”), U.S.
The Regulations, currently codified at 15 CFR parts 730-774 (2021), originally issued pursuant to the Export
Administration Act (50 U.S.C. 4601-4623 (Supp. III 2015) (“EAA”), which lapsed on August 21, 2001. The
President, through Executive Order 13222 of August 17, 2001 (3 CFR 2001 Comp. 783 (2002)), as extended by
successive Presidential Notices, continued the Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)) (“IEEPA”). On August 13, 2018, the President signed into law the
John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Export Control
Reform Act of 2018, 50 U.S.C. 4801-4852 (“ECRA”). While section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are inapplicable here), section 1768 of ECRA provides, in pertinent part, that
all orders, rules, regulations, and other forms of administrative action that were made or issued under the EAA,
including as continued in effect pursuant to IEEPA, and were in effect as of ECRA’s date of enactment (August 13,
2018), shall continue in effect according to their terms until modified, superseded, set aside, or revoked through
Department of Commerce, through its Office of Export Enforcement (“OEE”), has requested the
issuance of an Order temporarily denying, for a period of 180 days, the export privileges under
the Regulations of: Turboshaft FZE (“Turboshaft”), Treetops Aviation (“Treetops”), Black Metal
FZE (“Black Metal”), Timur Badr, and Elaine Balingit (collectively, the “Respondents”). OEE’s
request and related information indicate that the parties are located in the United Arab Emirates
(“UAE”), at the respective addresses listed on the caption page of this order, and that Badr, a
Russian national, owns or controls Turboshaft FZE and Treetops Aviation.
I.

Legal Standard
Pursuant to section 766.24, BIS may issue an order temporarily denying a respondent’s

export privileges upon a showing that the order is necessary in the public interest to prevent an
“imminent violation” of the Regulations. 15 CFR 766.24(b)(1) and 766.24(d). “A violation may
be ‘imminent’ either in time or degree of likelihood.” 15 CFR 766.24(b)(3). BIS may show
“either that a violation is about to occur, or that the general circumstances of the matter under
investigation or case under criminal or administrative charges demonstrate a likelihood of future
violations.” Id. As to the likelihood of future violations, BIS may show that the violation under
investigation or charge “is significant, deliberate, covert and/or likely to occur again, rather than
technical or negligent[.]” Id. A “[l]ack of information establishing the precise time a violation
may occur does not preclude a finding that a violation is imminent, so long as there is sufficient
reason to believe the likelihood of a violation.” Id.
II.

OEE’s Request for A Temporary Denial Order (“TDO”)
The U.S. Commerce Department, through BIS, responded to the Russian Federation’s

(“Russia’s”) further invasion of Ukraine by implementing a sweeping series of stringent export
controls that severely restrict Russia’s access to technologies and other items that it needs to
sustain its aggressive military capabilities. These controls primarily target Russia’s defense,

action undertaken pursuant to the authority provided under ECRA. Moreover, section 1761(a)(5) of ECRA
authorizes the issuance of temporary denial orders.

aerospace, and maritime sectors and are intended to cut off Russia’s access to vital technological
inputs, atrophy key sectors of its industrial base, and undercut Russia’s strategic ambitions to
exert influence on the world stage.
Effective February 24, 2022, BIS imposed expansive controls on aviation-related (e.g.,
Commerce Control List Categories 7 and 9) items to Russia, including a license requirement for
the export, reexport or transfer (in-country) to Russia of any aircraft or aircraft parts specified in
Export Control Classification Number (“ECCN”) 9A991 (section 746.8(a)(1) of the EAR).2 BIS
will review any export or reexport license applications for such items under a policy of denial.
See section 746.8(b). Effective March 2, 2022, BIS excluded any aircraft registered in, owned,
or controlled by, or under charter or lease by Russia or a national of Russia from being eligible
for license exception Aircraft, Vessels, and Spacecraft (“AVS”) (section 740.15 of the EAR).3
In its request, OEE presented evidence indicating that the Respondents seek to procure
the shipment of various U.S.-origin commodities, including certain aircraft parts classified as
ECCN 9A991.d, to Russia, including to parties on the BIS Denied Persons List (“DPL”).
A. Badr Conduct Prior to the February 2022 Russian Invasion of Ukraine
In May 2019, Export Enforcement (EE) personnel met with Badr at his office in Sharjah,
UAE. Badr informed the EE personnel that his business consisted of trading in civilian aviation
electronics and parts—specifically purchasing the parts at low prices and then reselling them for
use in the urgent repair of grounded aircraft.4 He stated that he stored aircraft parts at a property
he owned in Moscow, Russia and admitted he purchased a Boeing 737 and tore it down for parts.
The EE personnel informed Badr that the failure to secure export licenses prior to exporting
controlled items, such as aircraft parts, could result in criminal prosecution. The EE personnel

87 FR 12226 (Mar. 3, 2022). Additionally, BIS published a final rule effective April 8, 2022, which imposed
licensing requirements on items controlled on the Commerce Control List (“CCL”) under Categories 0-2 that are
destined for Russia or Belarus. Accordingly, now all CCL items require export, reexport, and transfer (in-country)
licenses if destined for or within Russia or Belarus. 87 FR 22130 (Apr. 14, 2022).
3 87 FR 13048 (Mar. 8, 2022).
4 During the May 2019 meeting, Badr informed the OEE personnel that his business’ name changed from
Turboshaft to Black Metal FZE due to debts incurred under the Turboshaft name.
also advised Badr to conduct due diligence by obtaining end-user statements from his customers.
Badr replied that he would lose customers if he required them to provide end-user statements.
B. Badr/Turboshaft/Treetops/Balingit Conduct After the February 2022 Russian
Invasion of Ukraine
In February 2023, the head of the transportation department for S7 Engineering, an arm
of Siberian Airlines,5 contacted a U.S. freight forwarder regarding the status of an aircraft part—
a hydromechanical fuel unit used in Airbus aircraft—it ordered from Turboshaft.6 The
communication included a Turboshaft invoice billed to S7 Engineering at a Russian Federation
address. The communication established that the item was shipped from the United States,
through the UAE, and along to Russia.
A social media profile associated with Elaine Balingit lists her as Turboshaft’s logistics
officer. Additionally, U.S. export records indicate that Balingit was listed as the ultimate
consignee contact person for 18 shipments of aircraft parts and equipment to Turboshaft between
January and July 2023. Balingit was likewise listed as the ultimate consignee contact person for
18 shipments of aircraft parts and equipment to Treetops between September and November
2023.
D. Ongoing and Pending Exports
As detailed in OEE’s request and related information, Badr, Turboshaft, Treetops, Black
Metal, and Balingit continue to engage in prohibited conduct. Import data reveals that 502
separate shipments, at least some of which consisted of aircraft parts, arrived in Russia between
April 2022 and December 2023 in the name of Turboshaft, Treetops, or Black Metal.
Import data shows that between January 2, 2023 and December 29, 2023, Turboshaft was
listed as the supplier on 136 imports of goods into Russia worth a claimed $1.6 million.

Siberia Airlines, doing business as S7 Airlines, is itself the subject of a TDO. The first TDO against Siberia
Airlines was effective upon its issuance on June 24, 2022, and published in the Federal Register on June 29, 2022
(87 FR 38709). The TDO has been renewed three times and the last renewal, which is effective for one year, was
published in the Federal Register on December 14, 2023 (88 FR 86626).
6 During an August 2023 meeting, Badr informed OEE personnel that he changed his business name from Black
Metal FZE back to Turboshaft due to customer and bank familiarity with the Turboshaft name.
Moreover, Turboshaft received 89 exports from the United States, worth almost $2.1 million
since the implementation of enhanced licensing requirements imposed on exports to Russia on
February 24, 2022. Throughout November and December 2023, Turboshaft attempted to
purchase two Air Data Inertial Reference Units, valued at nearly $400,000 each, from a U.S.
supplier. The most recent shipment occurred on May 8, 2024.
Import data shows that between January 2, 2023 and December 29, 2023, Treetops was
listed as the supplier on 244 imports of goods into Russia worth a claimed $4.46 million. Siberia
Airlines, an entity subject to a TDO, received many of these shipments—which included items
produced by U.S. aerospace manufacturers. Additionally, Treetops received 29 exports from the
United States worth a claimed $626,755 between September 12, 2023 and April 23, 2024. On
April 26, 2024, U.S. Customs and Border Protection seized a shipment of aircraft parts meant for
Treetops due to the submission of false Electronic Export Information (EEI) through the
Automated Export System (AES). Lastly, Treetops is listed as the intermediate consignee of a
September 2023 shipment of aircraft parts to Turboshaft.
Import data shows that between March and December 2022, Black Metal was listed as
the supplier on 122 imports of goods into Russia. Moreover, Black Metal received 16 exports
from the United States, worth almost $461,000 since the implementation of enhanced licensing
requirements imposed on exports to Russia on February 24, 2022. As indicated above, Badr
toggles between operating as Black Metal or Turboshaft to facilitate his procurement efforts.
III.

Findings
Under the applicable standard set forth in section 766.24 of the Regulations and my

review of the entire record, I find that the evidence presented by BIS convincingly demonstrates
that the Respondents have acted in violation of the Regulations; that such violations have been
significant and deliberate; and that given the foregoing and the nature of the matters under
investigation, there is a likelihood of imminent violations. Therefore, the TDO is necessary in
the public interest to prevent imminent violation of the Regulations and to give notice to

companies and individuals in the United States and abroad that they should avoid dealing with
the Respondents, in connection with export and reexport transactions involving items subject to
the Regulations and in connection with any other activity subject to the Regulations.
IV. Order
IT IS THEREFORE ORDERED:
FIRST, Turboshaft FZE, Q3-117 Saif Zone 9732, Sharjah, UAE; Treetops Aviation, Office
#4801, Marina Pinnacle Tower, Dubai, UAE and #1575 New Agents Bldg, Cargo Village P.O.
Box 62369, Dubai, UAE; Black Metal FZE, Q3-117 Saif Zone 9732, Sharjah, UAE; Timur
Badr, Q3-117 Saif Zone 9732, Sharjah, UAE; and Elaine Balingit, Office #4802, Marina
Pinnacle Tower, Dubai, UAE and Q3-117 Saif Zone 9732, Sharjah, UAE, when acting for or on
their behalf, any successors or assigns, agents, or employees may not, directly or indirectly,
participate in any way in any transaction involving any commodity, software or technology
(hereinafter collectively referred to as “item”) exported or to be exported from the United States
that is subject to the EAR, or in any other activity subject to the EAR including, but not limited
to:
A. Applying for, obtaining, or using any license (except directly related to safety of
flight), license exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling,
delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in
any way, any transaction involving any item exported or to be exported from the United States
that is subject to the EAR except directly related to safety of flight and authorized by BIS
pursuant to section 764.3(a)(2) of the Regulations, or engaging in any other activity subject to
the EAR except directly related to safety of flight and authorized by BIS pursuant to section
764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any transaction involving any item exported or to be
exported from the United States that is subject to the EAR, or from any other activity subject to

the EAR except directly related to safety of flight and authorized by BIS pursuant to section
764.3(a)(2) of the Regulations.
SECOND, that no person may, directly or indirectly, do any of the following:
A. Export, reexport, or transfer (in-country) to or on behalf of the Respondents any item
subject to the EAR except directly related to safety of flight and authorized by BIS pursuant to
section 764.3(a)(2) of the Regulations;
B. Take any action that facilitates the acquisition or attempted acquisition by the
Respondents of the ownership, possession, or control of any item subject to the EAR that has
been or will be exported from the United States, including financing or other support activities
related to a transaction whereby the Respondents acquires or attempts to acquire such ownership,
possession or control except directly related to safety of flight and authorized by BIS pursuant to
section 764.3(a)(2) of the Regulations;
C. Take any action to acquire from or to facilitate the acquisition or attempted
acquisition from the Respondents of any item subject to the EAR that has been exported from the
United States except directly related to safety of flight and authorized by BIS pursuant to section
764.3(a)(2) of the Regulations;
D. Obtain from the Respondents in the United States any item subject to the EAR with
knowledge or reason to know that the item will be, or is intended to be, exported from the United
States except directly related to safety of flight and authorized by BIS pursuant to section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service any item subject to the EAR that has been or will
be exported from the United States and which is owned, possessed or controlled by the
Respondents, or service any item, of whatever origin, that is owned, possessed or controlled by
the Respondents if such service involves the use of any item subject to the EAR that has been or
will be exported from the United States except directly related to safety of flight and authorized

by BIS pursuant to section 764.3(a)(2) of the Regulations. For purposes of this paragraph,
servicing means installation, maintenance, repair, modification, or testing.
THIRD, that, after notice and opportunity for comment as provided in section 766.23 of the
EAR, any other person, firm, corporation, or business organization related to Respondents by
ownership, control, position of responsibility, affiliation, or other connection in the conduct of
trade or business may also be made subject to the provisions of this Order.
In accordance with the provisions of sections 766.24(e) of the EAR, the Respondents
may, at any time, appeal this Order by filing a full written statement in support of the appeal with
the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek
renewal of this Order by filing a written request not later than 20 days before the expiration date.
A renewal request may be opposed by the Respondents as provided in section 766.24(d), by
filing a written submission with the Assistant Secretary of Commerce for Export Enforcement,
which must be received not later than seven days before the expiration date of the Order.
A copy of this Order shall be provided to the Respondents and shall be published in the
Federal Register.
This Order is effective immediately and shall remain in effect for 180 days.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2024-13257 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]