U.S. seeks to dissolve preliminary injunction against it, ULA on engine purchases

By EMMA PEREZ-TREVINO | Emma Perez-Trevino | Published: May 7, 2014

HARLINGEN, Texas — The United States is asking federal Judge Susan G. Braden to lift the April 30 prohibition against purchases from Russian engine manufacturer NPO Energomash or any entity subject to Russia’s Deputy Prime Minister Dmitry Rogozin’s control, contending that federal agencies say the payments at the present do not contravene sanctions against Russia.

Assistant U.S. Attorney General Stuart F. Delery filed a motion Tuesday in the U.S. Court of Federal Claims, requesting that the preliminary injunction that Braden issued be dissolved and attached letters from the U.S. Department of the Treasury, and the U.S. Department of State.

The letters state that control by Rogozin of NOP Energomash, if true, could be a potential basis to block NPO Energomash, but that this would require that the Secretary of the Treasury with consultation with the Secretary of State make a determination to trigger blocking under the controlled-by provisions of the executive order sanctioning Russia.

“As of today, no such determination has been made with respect to NOP Energomash,” Bradley T. Smith and Mary E. McLeod wrote on behalf of the Treasury and State departments.

The U.S. Department of Commerce deferred to the Treasury and State departments.

This is among the developments in the complaint that Space Exploration Technologies filed April 28 against the United States in Washington D.C., claiming that ULA’s business with Russia violates United States sanctions against the country.

Braden issued the preliminary injunction at SpaceX’s request against the Air Force, ULS and ULA, stopping the purchase of engines from Russia that ULA uses in its Atlas launch rockets.

The order noted that the injunction would continue unless the court received assurances from federal agencies that the purchases don’t “directly or indirectly” contravene the executive order of March 16 executive order sanctioning Russia.



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