Moscow Demands Significant Sum in Damages against Clearing House over Seized Assets
The Russian central bank has declared it is seeking compensation amounting to $230 billion from the securities depository Euroclear. This action constitutes a clear response by the Kremlin against plans to use frozen Russian sovereign assets to aid Ukraine.
The Substantial Demand
According to accounts in local state media, the monetary authority filed a claim last week for roughly 18 trillion roubles. This sum is equivalent to the aforementioned $230 billion claim.
European Union officials will determine later this week on a plan to use approximately €210 billion in frozen Russian assets. The proposal entails granting Ukraine with a substantial loan to finance its military and financial needs.
The vast majority of these assets, amounting to €185 billion, are stored at the Euroclear clearing house in Brussels. This institution acts as the primary custodian for the Kremlin's immobilised sovereign wealth.
A Clash Over Legality
European Union authorities have argued that their proposal is legally sound. They argue rests on the fact that title of the sovereign wealth still belongs to Russia, despite being it was immobilized in EU jurisdictions shortly after the full-scale military offensive of Ukraine.
Moscow, however, has labeled any use of the funds as illegal appropriation. Authorities have warned of retaliatory actions, such as seizing European private investors' holdings within Russia.
The head of Russia's sovereign wealth fund, who has taken on a prominent position in peace negotiations, wrote on a social media platform that Russia "will win in court" and retrieve its funds. He warned that the EU, the euro, and Euroclear "will suffer" from the proposal.
Geopolitical Maneuvering
With statements seen as an attempt to create division between Europe and the United States, Dmitriev described the proposal as "a severe assault on property rights and the international reserves system created by the United States."
Euroclear refused to provide a statement on the new lawsuit. The institution has in the past noted it is facing more than 100 legal cases in Russian courts.
Legal Hurdles Ahead
While judges in EU countries are unlikely to recognize rulings from Russian courts, experts expect Moscow to pursue enforcement in countries with stronger ties to the Kremlin.
"The Bank of Russia may attempt to enforce a Russian court's decision against Euroclear in jurisdictions like China, Hong Kong, the UAE, Kazakhstan, and other sympathetic nations, provided that such holdings can be located," stated a lawyer from an international firm.
EU Countermeasures
European authorities said they are developing steps to discourage other nations from assisting any Russian legal action against EU companies. They are also crafting safeguards to protect EU countries with investments in Russia from what they call "illegal expropriation."
The Proposed Loan Mechanism
According to the detailed scheme, the EU would issue an first €90 billion loan to Ukraine, using the cash generated from the immobilized assets at Euroclear. Critically, Russia's legal claim on the principal funds would remain untouched.
Kyiv would only be obligated to repay the money if and when Russia consented to pay reparations for the immense destruction caused during the nearly four-year conflict.
Other Funding Ideas
The Belgian government, backed by Italy, Bulgaria, and Malta, has urged the EU to consider an alternative method for funding Ukraine. This involves joint EU borrowing to fund a loan, using unallocated funds within the European budget.
Such a proposal, however, requires full agreement among all 27 member states. The Hungarian government, viewed as aligned with the Kremlin, has already signaled its opposition.
Speaking on Monday, the EU foreign policy chief, a senior official, said the reparations loan as "the strongest option" for supporting Ukraine. "The reparations loan is secured against the Russian frozen assets, which means it is not drawn from our public funds, which is also significant," she stated. "Furthermore, it sends a clear message that when you cause all this damage to another country, you must pay for the reparations."