ICC Banking Commission

Use of Sanctions Clauses in Trade Finance

Following the escalation of sanctions on Russian businesses, individuals and financial institutions over the past few days, ICC has taken the decision to reissue the previous ICC guidance on the use of sanctions clauses in documentary credits in consolidated form.

To reiterate our core guidance:

Sanctions law and regulations are generally mandatory, and thus may override the ICC rules applicable to that instrument. As such, the addition of a clause, stating the bank’s commitment to respect such sanctions law or regulation applicable to it by law may be unnecessary and lead to confusion.

2022 edition of the ICC Whistleblowing Guidelines

ICC has unveiled the newest contribution to its tools to help business stamp out corruption

Providing practical guidance to help enterprises establish and implement a Whistleblowing Management System, the guidelines are an update of the ICC Guidelines on Whistleblowing published in 2008, incorporating current experience and practice of ICC member enterprises across a wide range of sectors and jurisdictions worldwide. The 2022 edition also aligns with key international legal instruments as well as global standards and best practice such as the 2021 ISO 37002 Guidelines on Whistleblowing Management Systems and the 2019 European Directive on Whistleblower Protection, which is now being implemented by governments across Europe.

Ukraine Conflict 

ICC Statement on Russia

Following the Russian incursion into Ukraine on 24 February, the International Chamber of Commerce has issued the following statement on behalf of the global business community.

ICC Secretary General John W.H. Denton AO said:

“As an organization founded to promote peace and prosperity by advancing international trade and the rule of law, we condemn Russia’s breach of international law in the strongest possible terms. We call on Russia to immediately cease military action, withdraw its forces from Ukraine and revert to diplomatic means."

ICC Commission Report

Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings

Global Launch | Friday 18 February 2022 | 15h CET

The Report will be presented by Working Group Lead Stephanie Cohen, along with members of the Working Group.

New Appointments in ICC Global Intellectual Property Commission

ICC has announced six appointments to lead the work of its Global Intellectual Property (IP) Commission. The Steering Committee of the IP Commission has been joined by new vice-chairs, among them Myrtha Hurtado Rivas with Nestlé, Switzerland.

The new appointments will bring significant experience and leading voices in the business community to the Commission’s leadership, from a diverse range of industries, and with increased representation in key regions, with the creation of a new Regional Representative for Africa.

U.S. Sanctions on Companies

from Iran as Parties in ICC Arbitration Cases

ICC Switzerland has addressed the issue of sanctions and arbitration in a number of ways, including organizing a seminar with the leading arbitral institutions and the competent U.S. authority OFAC in 2015. Due to sanctions policies and compliance requirements, banks could not make payments to arbitral institutions and arbitrators if one or more parties had a connection to a sanctioned country. According to ICC Switzerland, this resulted in an unacceptable denial of access to justice, a fundamental right of all actors in the market. Finding a solution in the case of ICC dispute resolution is even more complicated, as various regulatory and supervisory authorities are involved.