Financial Crime World

Banks Facing Nearly $9 Billion Fine for Dealing with Blacklisted Entities

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A major international bank has been slapped with a record-breaking fine of nearly $9 billion for violating sanctions on Cuba, Iran, and Sudan. This penalty, the largest in history, serves as a warning to other financial institutions that dealing with blacklisted entities will not be tolerated.

The Penalty

The sanctions, imposed by the US Treasury Department, prohibit banks from converting foreign currency into dollars for certain transactions involving these countries. The bank has also lost its right to convert foreign currency into dollars for one year, effectively cutting it off from global markets.

A New Approach to Sanctions Enforcement


This move marks a significant shift in the way sanctions are enforced, focusing on the behavior of financial institutions rather than government policies. According to Juan Zarate, a top Bush administration official involved in counterterrorism efforts, this approach has been successful in inducing banks to sever ties with countries like North Korea.

EU Sanctions: A Complex Picture


The European Union also imposes sanctions as part of its Common Foreign and Security Policy. Since 1992, the EU has levied sanctions over thirty times, making it the second-largest issuer of sanctions after the US. Individual EU states can impose harsher sanctions independently within their national jurisdiction.

However, extraterritorial sanctions, which restrict economic activity outside the target country, have raised concerns about sovereignty and international law. The US withdrawal from the Iran nuclear deal in 2018 sparked tensions over these sanctions, with the EU announcing a special purpose vehicle to allow European companies to trade with Iranian counterparts while avoiding US sanctions.

Do Sanctions Work?


Experts are divided on whether sanctions are an effective tool for achieving foreign policy goals. Some argue that targeted sanctions can be successful, particularly when used in conjunction with other measures like diplomacy and military action. However, others warn that sanctions can have unintended consequences, such as harming innocent civilians or creating economic instability.

  • Sanctions often evolve over time, and their effectiveness can vary depending on the specific context.
  • UN sanctions on Afghanistan failed to change the Taliban’s behavior, while US-EU sanctions on Russia have taken a toll on its economy but have not yet stopped the conflict in Ukraine.

The Biden Administration’s Approach


The Biden administration has made it clear that its objective with sanctions is to slow down Russia’s aggressive actions, rather than trying to topple the government. Deputy Treasury Secretary Wally Adeyemo emphasized that the goal is to disrupt Russia’s economy and reduce its ability to wage war.

Conclusion


As the debate over sanctions continues, one thing is clear: banks and financial institutions must be vigilant in ensuring they do not deal with blacklisted entities, lest they face severe consequences.