From Sanctioned Persons to Seizure of Cultural Property: Insights into Current International Regulations

October 4, 2022

By Irina Strelkovskaya

From the editor: Consider reading this article in connection with the following articles: Focusing on the Anti-Money Laundering regulations for the art market participants in the UK and Lifting the Veil: What are the due diligence requirements for the Art Market in the United States?

Auction houses, galleries, museums, and other cultural institutions are active participants in the art market and are subject to regulations that aim to prevent money laundering. These regulations impose economic sanctions on countries and individuals who are acting in violation of international norms and best practices. However, while we have recently been focusing on anti-money laundering (AML) regulations, this tool has been around for much longer, and economic sanctions have been put into greater use in connection with the Russian invasion of Ukraine.

In response to the Russian Federation’s military aggressions against Ukraine, which began with the illegal annexation of Crimea in 2014, several countries, including the United States, members of the European Union, and the United Kingdom, have imposed sanctions on Russian individuals and entities, including Oleg Deripaska and brothers Rotenberg, Boris and Arkadii. A number of these sanctions also affected the art sector and imposed additional obligations on art market participants. Auction houses and galleries have to be aware of the potential risks associated with selling artworks owned by sanctioned persons and should carry out due diligence on buyers and sellers in addition to ensuring that they are not in breach of any export or import restrictions.

By looking at these sanctions and their effects, it becomes clear that art market participants are not immune from the geopolitical tensions between Russia and the West.

What are sanctions

Sanctions, such as trade limitations or freezing of bank accounts, are a type of economic penalty where one country or group of countries imposes punitive measures against another country or group of countries in order to force them to change their policies or stop particular actions. [1] The most common type of sanction is trade sanctions, which involve restrictions on the export or import of goods between the two countries. Sanctions can be used to target particular sectors of an economy, such as oil, gas, financial messaging and data services, or the art trade market. The decision to impose sanctions is usually made by the leaders of the countries that would be enforcing them. Some sanctions could be imposed consensually by international agreement and regarding others could exist disagreement about whether the situation warrants such extreme measures.

The effect of sanctions depends on the type of sanctions and how strictly they are enforced. A financial transaction ban could impose restrictions on doing business with banks in the sanctioned country and that can effect their ability to conduct international business. An asset freeze could prevent individuals or companies from moving money out of the sanctioned country. In addition, a travel ban might prevent high-level officials and big business owners from going abroad for business and leisure trips.

Economic sanctions are nothing new in the 21st century. For example, many sanctions such as the US Export Control Act of 1949 and the US grain embargo in 1980 were imposed on the Soviet government. Sanctions in 1980 were in response to the Soviet Union’s invasion of Afghanistan in 1949. [2] Similarly, following the Cuban Revolution and seizure of the American Embassy in Tehran, western governments imposed sanctions on Cuba and Iran.

Sanctions adopted after the Russian invasion of Ukraine

Since the Russian invasion of Ukraine on February 24, 2022, 39 countries have joined in sanctioning Russian economic interests, making it illegal to engage in economic activities with Russian and Belarusian counterparts. [3]

The EU has adopted seven packages of sanctions. [4] Each new packet of sanctions is intended to weaken the Kremlin’s ability to finance the invasion, impose clear economic and political costs on the Russian political elite responsible for the invasion, and diminish its economic base. [5] Sanctions were also adopted against Belarus in response to its involvement in the invasion of Ukraine.

The following is a table of sanctions which were adopted by the European Union (this information was taken from the Council of the European Union website) [6]:

Name	Date	About
First package	23 February 2022	individual sanctions against members of the Russian State Duma who voted in favor of the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts restrictions on economic relations with the non-government controlled areas of the Donetsk and Luhansk oblasts restrictions on Russia’s access to the EU’s capital and financial markets and services
Second package	229 February 2022	individual sanctions against Vladimir Putin, Sergey Lavrov, and members of the Russian State Duma and National Security Council, among others economic sanctions covering the finance, energy, transport, and technology sectors suspension of visa facilitation provisions for Russian diplomats and other Russian officials and businesspeople
Third package	28 February 2022 and 2 March 2022	closure of EU airspace to all Russian aircraft prohibition on transactions with the Russian Central Bank SWIFT ban for seven Russian banks prohibition on the provision of euro-denominated banknotes to Russia suspension of broadcasting in the EU of state-owned outlets Russia Today and Sputnik
Fourth package	15 March 2022	individual sanctions against Roman Abramovich and German Khan, among others prohibition on all transactions with certain state-owned enterprises prohibition on the provision of credit-rating services to any Russian person or entity prohibition on new investments in the Russian energy sector prohibition on exports to Russia of luxury goods prohibition on imports from Russia to the EU of iron and steel
Fifth package	8 April 2022	prohibition on imports from Russia of coal and other solid fossil fuels closure of EU ports to all Russian vessels prohibition on Russian and Belarusian road transport operators from entering the EU prohibition on imports from Russia of wood, cement, seafood, and liquor prohibition on exports to Russia of jet fuel and other goods a series of targeted economic measures sanctions against 217 individuals and 18 entities
Sixth package	3 June 2022	prohibition on imports from Russia of crude oil and refined petroleum products (with limited exceptions) SWIFT ban for an additional three Russian banks and one Belarusian bank suspension of broadcasting in the EU for Rossiya RTR / RTR Planeta, Rossiya 24 / Russia 24 and TV Centre International sanctions against 18 entities and 65 individuals, including individuals responsible for the atrocities committed in Bucha and Mariupol
“Maintenance and alignment” package	22 July 2022	ban on imports of Russian-origin gold reinforcement of export controls of dual-use goods extension of the port access ban to locks clarification of existing measures, for instance in the field of public procurement, aviation, and justice sanctions against 54 individuals and 10 entities, including the mayor of Moscow and Sberbank, a major financial institution
Suspension of visa facilitation	12 September 2022	– suspension of visa facilitation agreement between the EU and Russia. Consequently, the general rules of the visa code will apply to Russian citizens. This will result in: an increase in the visa application fee from €35 to €80; the need to present additional documentary evidence; increased visa processing times; more restrictive rules for the issuance of multiple-entry visas

The Luxury Goods Ban

The United States, European Union, Switzerland, and the United Kingdom applied sanctions on Russia to focus on luxury goods.

On March 11, 2022, the United States President Joseph Biden issued Executive Order 14068 and applied restrictions on the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of luxury goods, and any other items as may be determined by the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Treasury, to any person located in the Russian Federation. [7] The Executive Order 14068 defines the word “person” as an individual or entity, with “entity” defined as a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. [8] The Executive Order 14068 also defines the term “United States person” as any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. [9]

The Executive Order 14068 did not define the term “luxury good,” but according to the Bureau of Industry and Security’s frequently asked questions list, the law applies to the “luxury good” that is subject to the EAR and identified in supplement no. 5 to part 746. [10] Supplement no.5 to part 746 includes a wide range of items, including works of art, collectors’ pieces, and antiques. [11] There is no minimum dollar value for the other ‘luxury goods’ listed in supplement no. 5, despite clothing and footwear which is U.S. $1,000. [12] On March 14, 2022, the Department of Commerce released its final rules implementing these new import/export prohibitions, which more broadly apply to Russia and Belarus. [13]

According to the Bureau of Industry and Security, these new export controls will significantly limit financially elite individuals’ and organizations’ access to luxury goods and thereby accentuate the consequences of providing such support. [14]

European Union sanctions regarding the ban on the export of EU luxury goods to Russia were announced on March 11, 2022, by the European Commission and took effect on March 15, 2022, based on EU Regulation 2022/428 amending Regulation No. 833/2014 (EU Regulations). [15] According to article 3h of the EU Regulations mentioned above, it shall be prohibited to sell, supply, transfer, or export, directly or indirectly, luxury goods as listed in Annex XVIII, to any natural or legal person, entity or body in Russia or for use in Russia. [16] The Annex XVIII consists of 22 categories of luxury goods, including works of art, collectors’ pieces, and antiques. [17] The prohibition applies to luxury goods listed in Annex XVIII insofar as their value exceeds EUR 300 per item unless otherwise specified in the Annex. [18]

On March 18, 2022, the Swiss Federal Council made the decision to adopt European Union sanctions regarding the ban on the export of luxury goods to Russia. [19] According to the Article 14b para.1 of the Swiss Ordinance on Measures in Connection with the Situation in Ukraine (Swiss Ordinance), the sale, supply, export, transport and transit of luxury goods listed in Annex 18 to any person, enterprise or entity in or for use in the Russian Federation are prohibited. [20] Annex 18 includes an extensive list of items, including works of art, collectors’ items, or antiquity. [21] On August 31, 2022, the Swiss Federal Council implemented further EU sanctions. [22] Jewelry and gold owned and carried by individuals leaving Switzerland destined for private use and not for sale were exempted from the scope of the ban on the sale, supply, export, transit, and transport of luxury goods listed in Annex 18. [23]

On April 21, 2022, the UK Department for International Trade announced an export ban on luxury goods to the Russian Federation. [24] The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022 (UK Regulations) define “luxury goods” as anything specified in Schedule 3A. [25] Schedule 3A includes an extensive list of items, including works of art, collectors’ pieces, and antiques. [26] The prohibition applies to luxury goods listed in Schedule 3A insofar as their value exceeds £250 per item unless otherwise specified in the Schedule. [27]

According to the UK Regulations, the export of luxury goods to, or for use in, Russia is prohibited. [28] A person must not directly or indirectly supply or deliver luxury goods from a third country to a place in Russia; make luxury goods available to a person connected with Russia; or make luxury goods available for use in Russia. [29] The definition of “a person connected to Russia” was not defined in the law. The absence of this definition may lead to misunderstanding of who is a subject to the UK Regulations. Potential criteria could be the permanent address of the buyer and where the buyer is a tax resident. [30] The ban does not apply to luxury goods that are necessary for the official purposes of a diplomatic mission or consular post in the Russian Federation or of an international organization that has immunities in accordance with international law. [31]

The process of imposing sanctions is complex because it requires the cooperation of many countries. As different countries have different laws and regulations, this makes it challenging to determine what is actually allowed and what is not under imposed sanctions.

To ensure that cultural property seized from sanctioned persons is not sold off to fund illicit activities, the United States, the European Union, the United Kingdom, and Switzerland have regulations that allow for the seizure of any property in connection with sanctioned persons. [32]

These regulations typically allow for the seizure of any property that is owned or controlled by a sanctioned person or that has been acquired with funds that were derived from illicit activities. It means that sanctions themselves do not allow governments to simply take ownership of a sanctioned person’s cultural property. Under the sanctions issued by the western countries, Russians who “enriched themselves at the expense of the Russian people” and “aided Putin” in his invasion of Ukraine will have their assets “frozen and their property blocked from use”. [33] The assets which are frozen are still under the ownership of the person who is on the sanction list, but it cannot be transferred or sold. [34] Only if government prosecutors can prove that the frozen property was part of a crime will the government have a right to actually seize and take ownership of the property. [35]

Seven months have passed since the beginning of the Russian invasion of Ukraine, and there have already been a few cases involving the seizure of cultural property.

France: The Case of Petr Aven’s Painting

In April 2022, France confiscated a self-portrait by the Russian artist Petr Konchalovsky. The painting was lent by sanctioned Russian oligarch Petr Aven, one of the shareholders of one of the largest banks in Russia – Alfa Bank, for an exhibition at the Foundation Louis Vuitton in Paris as part of “The Morozov Collection: Icons of Modern Art.” [36] The French Ministry of Culture commented on the seizure of that painting stating “ [it] will remain in France as long as its owner, a Russian oligarch, remains subject to an asset freeze.” [37] About 200 masterpieces from the Morozov collection that were loaned by the Russian Federation from its national museums were otherwise safely returned to Russia. [38]

Under French law, while private art loans are not immune from seizure, artworks loaned by foreign sovereigns are protected and must be returned to lending institutions. Known as the immunity from seizure act, the 1994 French law was drawn up in favor of the circulation of international art loans protecting artworks from seizure by government authorities. Under this principle, the French government protects lenders against any judicial action in France and offers a legal guarantee that items lent from abroad for a temporary exhibition will be returned to the lender at the end of the loan and will not be handed over to a claimant who says they are the rightful owner. The French law has limited protection to those artworks which are lent by a foreign power, a public body, or a foreign cultural institution to the French state or any legal entity designated by the French state for the purpose of a public exhibition in France. [39] In order to protect the artwork against seizure, a request must be filed with the Ministry of Culture to obtain an anti-seizure order made jointly by the Minister of Culture and the Minister of Foreign Affairs. [40] Therefore, this process is not applicable if a lender is a foreign private individual or a foreign private for-profit organization.

At this point, France has a legal basis to seize the painting by Petr Konchalovsky “Self-portrait” from Petr Aven.

Finland: The Case of Three Haulages of Paintings

In the first week of April 2022, Finnish customs officials stopped around 42 million euros worth of art from being returned to Russia. Three haulages of paintings seized by Finland included collections from the Hermitage Museum and the Tsarskoye Selo state museum in St. Petersburg as well as the State Tretyakov Gallery in Moscow. [41] These paintings had been loaned to Italy and Japan. [42] Finish customs returned the artworks since European Union sanctions regarding the ban on the export of EU luxury goods had not considered assets owned by museums. [43]

Finish customs said that they seized works due to European Union sanctions applied to luxury goods and were sick of advice from Brussels on their status as luxury goods. [44] But on April 8, 2022, the foreign ministry of Finland authorized the return of three shipments of Russian art. Why did this happen?

The confiscation of Russian Cultural property by Finland would be contrary to the European Union legislation regarding immunity from seizure for foreign states for the cultural property on loan for the purpose of cultural exchange in other states [45] and could jeopardize the world’s practice of international temporary loans.

Based on the above, Finland did not have a legal basis to seize the three haulages of paintings owned by the Russian federal and state museums.

United Kingdom: The Case of Victor Vekselberg

In 2021, Russian oligarch Victor Vekselberg, the single largest owner of Fabergé eggs in the world, lent two items to the Victoria and Albert Museum’s exhibition called Fabergé in London. [46] The first item was the first Fabergé Egg, commissioned in 1885 by tsar Alexander III, and the second item was a golden cigarette box made for the Rothschild family. [47] Both items are normally displayed at the Fabergé Museum in St. Petersburg. [48] The exhibition also included items from the Moscow Kremlin Museums. [49] The exhibition closed on May 8, 2022, and items borrowed from the Moscow Kremlin Museums have been returned to Russia. [50] However, the Fabergé egg and cigarette box lent by Vekselberg, who was added to the United Kingdom sanctions list in March, stayed in the United Kingdom. [51]

According to the Victoria and Albert Museum’s exhibition catalogue, both items were coming from the Link of Times Foundation (Faberge Museum in St. Petersburg). [52] Vekselberg bought the two items and later transferred his ownership to Lamesa Arts Inc., registered in Panama. [53] The items were usually placed in the Faberge Museum in St. Petersburg. [54]

According to The Art Newspaper, the Victoria and Albert Museum’s spokesperson confirmed that the loan agreement was made directly between two cultural organisations – the Victoria and Albert Museum and the Link of Times Foundation – and added “it is our intention to return the loans to the Link of Times Foundation […] as permitted under English law and required under the terms of the loan agreement.” [55]

Part 6 of the United Kingdom Tribunals’s Courts and Enforcement Act 2007 provides protections from seizure for cultural objects from abroad on loan to temporary exhibitions in approved museums and galleries in the United Kingdom if certain conditions are met when the object enters the United Kingdom. [56] “The conditions are as follows:

• (a) the object is usually kept outside the United Kingdom,
• (b) it is not owned by a person resident in the United Kingdom,
• (c) its import does not contravene a prohibition or restriction on the import of goods imposed by or under any enactment that applies to the object, a part of it, or anything it conceals,
• (d) it is brought to the United Kingdom for public display in a temporary exhibition at a museum or gallery, and
• (e) the museum or gallery has complied with any requirements prescribed by regulations made by the Secretary of State under this paragraph about the publication of specified information about the object.” [57]

On the one hand, under the United Kingdom Tribunals’s Courts and Enforcement Act 2007, the Fabergé egg could not be “seized,” but under the current United Kingdom sanctions system, it is possible that it could be “frozen.” [58]

Conclusion

When asked for a comment on this topic, Shane Cleary, who serves as the AML, Fraud & Compliance Analyst, at Christie’s in the UK responded that “Christie’s is committed to complying with applicable sanctions laws and will not transact with any individual or entity on a sanctions list. We are fully complying with the terms of the sale and export bans, which now prohibit the sale of luxury goods to clients based in Russia or Belarus and prohibit the export (directly or indirectly) of luxury goods to any address in Russia or Belarus.

In select cases, Russian nationals who are ordinarily resident elsewhere and are physically located outside Russia during the sale may still be allowed to bid, contingent upon a case-by-case analysis and subject to enhanced due diligence.”

As the war in Ukraine continues, now with the Russian Federation announcing a partial mobilization [59] and annexation of four Ukrainian regions [60], additional sanctions are only a matter of time. In Washington, D.C., on September 20, 2022 the head of the KleptoCapture task force testified that going after the “enablers” of the war, of which sanctioned persons are a subsection, is the “right course of action.” [61] Ten days later, on September 30, 2022 the Biden administration announced new economic sanctions. [62] The new round of US sanctions named 278 members of Russia’s parliament and 14 people connected with Russian defense industries. [63] EU countries are also considering further sanctions, to limit Russia’s ability to pay for war. [64]

The three examples discussed above demonstrate practical, even if limited, instances of seizure of cultural property in connection with sanctions applied by the western countries against the Russian Federation and Russian citizens, most of whom are oligarchs. There are, however, more cases in the making, and there will likely be even more in the future as tensions between Russia and the west continue to escalate while the war in Ukraine is ongoing.

The debate between scholars as to whether or not cultural property should be subject to seizure in connection with sanctioned persons lists continues. [65] On the one hand, the seizure could prevent people from selling the art to invest in military actions or use them for anti-money laundering or other illegal activities. Another argument in favor of seizure is that it could act as a deterrent to other oligarchs connected to the Kremlin who might be considering engaging in similar activities. On the other hand, the seizure of cultural property could be considered as a violation of human rights. [66] And negatively impact the important worldwide practice of encouraging international art loans.

One thing is known for sure, this discussion will be open for years as Russian oligarchs will challenge the decisions of seizing their property by western states and grounds for their inclusion in the sanctions lists. For now, at least one such challenge, launched by Oleg Deripaska against him being listed under sanctions in 2018 just got denied certiorari by the US Supreme Court, and that’s after a painting of Diego Rivera was seized from one of Deripaska’s homes in the States.

About the Author: Irina Strelkovskaya is a Master’s Candidate in Art Law program at Luiss Guido Carli University. She served as a legal intern at the Center’s Summer 2022 International Class.

The author would like to thank Sophia Balay, Irina Tarsis, and Paulina Picciano for their assistance with this article.

Additional Readings:

1. Brent Radcliffe, How Economic Sanctions Work, Investopedia (last visited Sep. 27, 2022), https://www.investopedia.com/articles/economics/10/economic-sanctions.asp
2. Embargoes and Sanctions – Cold war sanctions, American Foreign Realtions (last visited Sep. 27, 2022), https://www.americanforeignrelations.com/E-N/Embargoes-and-Sanctions-Cold-war-sanctions.html
3. Minami Funakoshi, Hugh Lawson and Kannaki Deka, Tracking sanctions against Russia, Reuters Graphics (last visited Sep. 27, 2022), https://graphics.reuters.com/UKRAINE-CRISIS/SANCTIONS/byvrjenzmve/
4. EU response to Russia’s invasion of Ukraine, Council of the European Union (last visited Sep. 27, 2022), https://www.consilium.europa.eu/en/policies/eu-response-ukraine-invasion/
5. EU sanctions against Russia following the invasion of Ukraine, European Commission (last visited Sep. 27, 2022), https://eu-solidarity-ukraine.ec.europa.eu/eu-sanctions-against-russia-following-invasion-ukraine_en
6. Id.
7. Executive Order 14068 of March 11, 2022, Prohibiting Certain Imports, Exports and New Investment With Respect to Continued Russian Federation Aggression, Presidential Documents (2022), https://home.treasury.gov/system/files/126/14068.pdf
8. Id.
9. Id.
10. Bureau of Industry and Security, Frequently asked questions luxury goods (May 2, 2022), https://www.bis.doc.gov/index.php/documents/policy-guidance/2975-2022-05-02-bis-faq-luxury-goods/file&ie=UTF-8&oe=UTF-8
11. Bureau of Industry and Security, Embargoes and Other Controls (Sep. 15, 2022), https://www.bis.doc.gov/index.php/documents/regulation-docs/420-part-746-embargoes-and-other-special-controls/file
12. Bureau of Industry and Security, Frequently asked questions luxury goods (May 2, 2022), https://www.bis.doc.gov/index.php/documents/policy-guidance/2975-2022-05-02-bis-faq-luxury-goods/file&ie=UTF-8&oe=UTF-8
13. Ezra D., Gregory T., Rachelle A., Emily S., US Announces new restrictions on export of luxury goods to Russia, Morgan Lewis (March 15, 2022), https://www.morganlewis.com/pubs/2022/03/us-announces-new-restrictions-on-export-of-luxury-goods-to-russia
14. Bureau of Industry and Security, Imposition of Sanctions on ‘Luxury Goods’ Destined for Russia and Belarus and for Russian and Belarusian Oligarchs and Malign Actors Under the Export Administration Regulations (EAR), Federal Register (March 16, 2022), https://www.federalregister.gov/documents/2022/03/16/2022-05604/imposition-of-sanctions-on-luxury-goods-destined-for-russia-and-belarus-and-for-russian-and
15. Council Regulation (EU) 2022/428 of 15 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, Official Journal of the European Union (March 15, 2022), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R0428
16. Id.
17. Id.
18. Id.
19. Ukraine: Adoption of further EU sanctions against Russia, The Swiss Federal Council (last visited Sep. 27, 2022), https://www.admin.ch/gov/en/start/documentation/media-releases.msg-id-87677.html
20. Ordinance on measures related to the situation in Ukraine, The Swiss Federal Council (March 4, 2022, Status as Aug 31, 2022), https://www.lenzstaehelin.com/fileadmin/user_upload/newsflash/Swiss_Ordinance_re_Situation_in_Ukraine_-_status_31_August_2022_FINAL_clean.pdf
21. Id.
22. Philippe M. Reich, Hayley Ryerson, Switzerland implements further EU sanctions to align itself with the EU, Sanctions & Export Controls Update (Sep. 5, 2022), https://sanctionsnews.bakermckenzie.com/switzerland-implements-further-eu-sanctions-to-align-itself-with-the-eu/
23. Id.
24. Morgan Lewis, Pauline Mutuc, Georgia Quenby, Victoria Thompson, Update: UK Finalizes Export Ban on Luxury Goods to Russia, JDSUPRA (April 27, 2022), https://www.jdsupra.com/legalnews/update-uk-finalizes-export-ban-on-9908992/#:~:text=The%20UK%20Department%20for%20International,)%20(Amendment)%20(No.
25. UK Statutory Instruments, The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022, (April 13, 2022), https://www.legislation.gov.uk/uksi/2022/452/made
26. Id.
27. Id.
28. Id.
29. Id.
30. Steve Schindler and Katie Wilson, Russian Sanctions and the Art Market, The Art Law podcast (July 15, 2022), http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/#more-755
31. Georgia M., Victoria, Pauline, Update: UK finalizes export ban on luxury goods to Russia, Morgan Lewis (April 26, 2022), https://www.morganlewis.com/pubs/2022/04/update-uk-finalizes-export-ban-on-luxury-goods-to-russia
32. For example, John Hardie, Matthew Zweig, U.S. Should Seize and Sell Assets of Sanctioned Russian Elites to Aid Ukraine, FDD (March 18, 2022), https://www.fdd.org/analysis/2022/03/18/us-should-seize-and-sell-assets-of-sanctioned-russian-elites-to-aid-ukraine/; Christian Wigand, Anitta Hipper, Katarzyna Kolanko, Isabel Otero Barderas, Ukraine: The Commission proposes rules on freezing and confiscating assets of oligarchs violating restrictive measures and of criminals, European Commition (May 25, 2022), https://ec.europa.eu/commission/presscorner/detail/en/IP_22_3264
33. Robert Frank, Here’s what happens to Russian oligarch yachts after they’re seized, CNBC (last visited Sep. 27, 2022), https://www.cnbc.com/2022/03/09/russian-oligarch-yachts-this-is-what-happens-after-theyre-seized-.html
34. Id.
35. Id.
36. Alex Marshall, French Authorities Seize Oligarch’s Painting Before It Leaves for Russia, The New York Times (April 12, 2022), https://www.nytimes.com/2022/04/12/arts/design/morozov-collection-russia-sanctions.html
37. Id.
38. Vincent Noce, Masterpieces from Morozov collection return to Russia from France – but three works have been retained, The Art Newspaper (May 25, 2022), https://www.theartnewspaper.com/2022/05/25/masterpieces-from-morozov-collection-return-to-russia-from-francebut-three-works-have-been-retained
39. Yin-Shuan Lue, Polly Clark, Marion R. Fremont-Smith, Countering a Legal Threat to Cultural Exchanges of Works of Art: The Malewicz Case and Proposed Remedies, Harvard University (2007), https://cpl.hks.harvard.edu/files/cpl/files/workingpaper_42.pdf?m=1440179710
40. Line-Alexa Glotin, Jean-François Canat, Laure Assumpçao, Philippe Hansen, Art Law in France, Lexology (May 2, 2019), https://www.lexology.com/library/detail.aspx?g=e772db85-0348-47bc-808b-bf85a65e1a56
41. Graham Bowley, Officials Say Russian Art, Seized by Finns, Should Return Soon, The New York Times (April 8, 2022), https://www.nytimes.com/2022/04/08/arts/design/finland-russia-art-seizure.html
42. Id.
43. Seized Russian artworks should be returned to museums – Finish foreign minister, Reuters (last visited Sep. 27, 2022), https://www.reuters.com/world/seized-russian-artworks-should-be-returned-museums-finnish-foreign-minister-2022-04-07/
44. Anne Kaurane, Alexandra Hudson, Finnish customs impound art works worth 42 million euros on way back to Russia, Swissinfo.ch (April 6, 2022), https://www.swissinfo.ch/eng/reuters/finnish-customs-impound-art-works-worth-42-million-euros-on-way-back-to-russia/47497012
45. Christian Salm, European Added Value Assessment: Cross-border restitution claims of looted works of art and cultural goods, EPRS (2017), https://www.europarl.europa.eu/RegData/etudes/STUD/2017/610988/EPRS_STU(2017)610988_EN.pdf
46. Martin Bailey, Russian Fabergé treasures from V&A show still being held in UK because of sanctions over Ukraine, The Art Newspaper (May 30, 2022), https://www.theartnewspaper.com/2022/05/30/russian-faberge-treasures-from-vanda-show-still-being-held-in-uk-because-of-sanctions-over-ukraine
47. Id.
48. V&A’s Fabergé ends – Russian oligarch’s, CAMD (May 19, 2022), https://camd.org.au/vas-faberge-ends-russian-oligarchs/
49. Id.
50. Martin Bailey, Russian Fabergé treasures from V&A show still being held in UK because of sanctions over Ukraine, The Art Newspaper (May 30, 2022), https://www.theartnewspaper.com/2022/05/30/russian-faberge-treasures-from-vanda-show-still-being-held-in-uk-because-of-sanctions-over-ukraine
51. Id.
52. V&A’s Fabergé ends – Russian oligarch’s, CAMD (May 19, 2022), https://camd.org.au/vas-faberge-ends-russian-oligarchs/
53. Ruth Glenn, Should we send borrowed art back to Russia?, Pedfire (June 4, 2022), https://pedfire.com/should-we-send-borrowed-art-back-to-russia/
54. V&A’s Fabergé ends – Russian oligarch’s, CAMD (May 19, 2022), https://camd.org.au/vas-faberge-ends-russian-oligarchs/
55. Id.
56. Immunity from seize, Victoria and Albert Museum (last visited Sep. 27, 2022), https://www.vam.ac.uk/info/immunity-from-seizure
57. UK Public General Acts, Protection of cultural objects on loan, Tribunals, Courts and Enforcement Act (2007), https://www.legislation.gov.uk/ukpga/2007/15/part/6
58. Martin Bailey, What will happen to sanctioned Russian oligarch’s Fabergé treasure, now V&A’s show has closed?, The Art Newspaper (May 12, 2022), https://www.theartnewspaper.com/2022/05/12/now-vandas-faberge-show-has-closed-what-will-happen-to-sanctioned-russian-oligarchs-golden-treasure
59. Mark F. Cancian, What Does Russia’s ‘Partial Mobilization’ Mean?, CSIS (Sept. 26, 2022), https://www.csis.org/analysis/what-does-russias-partial-mobilization-mean
60. What Russian annexation means for Ukraine’s regions, BBC (last visited Oct. 3, 2022), https://www.bbc.com/news/world-europe-63086767
61. Ben Werschkul, White House targets ‘facilitators’ of ‘global bully’ as it aims to broaden Russian sanctions, Yahoo Finance (Sep. 20, 2022), https://news.yahoo.com/white-house-targets-facilitators-of-russia-212301286.html
62. Amanda Macias, Christina Wilkie, “U.S. announces new sanctions on Russia in response to Ukraine annexation,” CNBC (last visited Oct. 3, 2022), https://www.cnbc.com/2022/09/30/us-set-to-announce-new-russia-sanctions-over-ukraine-annexation.html
63. “What are the sanctions on Russia and are they hurting its economy?” BBC (last visited Oct. 3, 2022), https://www.bbc.com/news/world-europe-60125659
64. Id.
65. See, Vladimir Milov, “Yes, It Hurts: Measuring the Effects of Western Sanctions Against Russia,” GLOBSEC (last visited Oct. 3, 2022), https://www.globsec.org/news/yes-it-hurts-measuring-the-effects-of-western-sanctions-against-russia/; Ben van der Merwe, “Will the West’s sanctions against Russia work?,” Investment Monitor (Mar. 9, 2022), https://www.investmentmonitor.ai/special-focus/ukraine-crisis/wests-sanctions-against-russia-effective
66. Tim Koch, Cassandra Somers-Joce, Emma Rowland, “Enacting ECHR compliant measures to confiscate property: imposing sanctions on Russian oligarchs for the invasion of Ukraine,” The Faculty of Law, University of Oxford (Mar. 11, 2022), https://blogs.law.ox.ac.uk/research-and-subject-groups/property-law/blog/2022/03/enacting-echr-compliant-measures-confiscate
67. Sabrina Wilmer, “Supreme Court Denies Russian Oligarch Deripaska’s Plea to Lift Sanctions” Bloomberg (last visited Oct. 3, 2022), https://www.bloomberg.com/news/articles/2022-10-03/russian-oligarch-deripaska-rejected-by-top-us-court-on-sanctions