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In ICSID Annulment Proceeding (Edmond Khudyan v. Republic of Armenia) the Members of the ad hoc Committee unanimously decided as follows:

• SWIFT was created by American and European banks, which did not want a single institution developing their own system and having a monopoly.


• SWIFT helps make secure international trade possible for its members and is not supposed to take sides in disputes.

• These measures impose a prohibition on the provision of financial messaging services to delisted banks that are directly or indirectly owned (50% or more) by a delisted bank.


• Banks could carry out international transactions without SWIFT, but it is expensive, complex and requires mutual trust between financial institutions. It brings payments back to the times when telephone and fax were used to confirm each transaction.

• The ban prevents banks from making or receiving international payments using SWIFT. This has negative consequences for the targeting economy.


• Banks can neither get foreign currency (as a transfer of foreign currency between two banks is generally processed as a transfer abroad involving a foreign intermediary bank) nor transfer assets abroad.


• Block states' foreign exchange reserves and prevents key banks from conducting global fast and efficient financial transactions.

• As the EU has prohibited all transactions with the National Central Bank of Russia related to the management of the Russian Central Bank's reserves and asset freeze, it can no longer access the assets it has stored in central banks and private institutions in the EU.


• Russia cannot use this cushion of foreign assets to provide funds to its banks and thus limit the effects of other sanctions.


• The EU has also prohibited the sale, supply, transfer and export of euro-denominated banknotes to Russia. The aim is to limit access to cash in the euro by individuals or legal persons in Russia with a view to preventing the circumvention of sanctions.


• Remove Russia's access to capital markets, increase borrowing costs for the sanctioned Russian-owned financial institutions and progressively erode the country's industrial base.

• Direct effect: European banks' equity prices dropped (compared to US banks) and the cost of equity increased. However, credit default swap spreads experienced a more modest decrease, suggesting investors' trust in banks' stability.


• Indirect effects: one of the major indirect effects is the impact on deposit insurance schemes, both in terms of higher bank payments and payouts to customers.

• Financial institutions across the globe will be carefully assessing their exposure to Russia.


• Operations and compliance teams will be applying a major focus on accounts and relationships that may have connections to Russian entities and individuals, including politically exposed persons (PEPs).


• Financial institutions will quickly identify which clients (many of which have complex ownership and control structures) have beneficial owners with roots in Russia or exposure to Russian PEPs.


• Automating client due diligence and client behavioral analysis to ensure real-time identification of emerging risks.

• Sanctions include targeted restrictive measures (individual sanctions), economic sanctions and visa measures. The EU has also adopted sanctions against Belarus and Iran.

• In total, also taking into account earlier individual sanctions imposed the EU has sanctioned 1.473 individuals and 207 entities.

• Sanctions on individuals consist of travel bans and asset freezes. Sanctions on entities consist of asset freezes. Asset freezes are also prohibited to make any funds or assets directly or indirectly available to them.

• This means that European entities cannot sell certain products to Russia (export restrictions) and that Russian entities are not allowed to sell certain products to the EU (import restrictions).

• Legal advice, accounting, auditing, bookkeeping, tax consulting services, business and management consulting, public relations services, IT consultancy, architecture and engineering services, advertising, market research and public opinion polling services, as well as product testing and technical inspection services.

• The Council adopted a sixth package of sanctions that, among others, prohibits the purchase, import or transfer of seaborne crude oil and certain petroleum products from Russia to the EU. The restrictions apply for crude oil and for other refined petroleum products. A temporary exception is foreseen for imports of crude oil by pipeline into some EU member states. The oil price cap is fixed.

• The EU has prohibited Russian and Belarusian road transport operators from entering the EU, including for goods in transit.

• All Russian aircraft are banned from overflying EU airspace. No access to EU airports for Russian carriers. The EU banned the export to Russia of goods and technology in the aviation and space industry.

• The EU has closed its ports to Russia's entire merchant fleet of vessels. However, the measure does not affect vessels carrying some goods.

• The ban prevents listed Russian banks from making or receiving international payments using SWIFT.

• The EU has prohibited all transactions with the Central Bank of Russia related to the management of the Russian Central Bank’s reserves and assets. As a result of the central bank asset freeze, the central bank can no longer access the assets it has stored in central banks and private institutions in the EU.

• The EU has also imposed sanctions on some media organisations and individuals.

• The sanctions do not block the export of and transactions related to food and agricultural products. EU sanctions explicitly exclude food supplies and fertilisers. The EU has also made some other exceptions within its sanctions.

The US Government Agencies Point Out New Red Flags that May Signal Evasion of Russia Sanctions. Common red flags can indicate that a third-party intermediary may be engaged in efforts to evade sanctions or export controls, including the following: