Russia Seeks Substantial Sum in Damages from Clearing House over Frozen Assets

The Russian central bank has declared it is seeking damages amounting to $230 billion from the securities depository Euroclear. This move constitutes a direct warning by the Kremlin against proposals to utilize frozen Russian sovereign assets to support Ukraine.

The Legal Claim

Based on reports in local state media, the monetary authority filed a lawsuit last week for approximately 18 trillion roubles. This figure is equivalent to the aforementioned $230 billion claim.

European Union officials are set to decide later this week on a plan to use approximately €210 billion in frozen Russian state funds. This scheme entails granting Ukraine with a large loan to finance its military and economic needs.

The vast majority of these funds, totaling €185 billion, reside at the Euroclear clearing house in Brussels. Euroclear acts as the main custodian for the Russian frozen financial reserves.

A Clash Over Legality

European Union authorities have maintained that their plan is legally sound. Their position rests on the principle that ownership of the sovereign wealth still belongs to Russia, despite being it was immobilized in EU countries shortly after the full-scale military offensive of Ukraine.

Moscow, in contrast, has called any utilization of the funds as theft. Authorities have threatened reciprocal measures, such as confiscating European corporate holdings within Russia.

Kirill Dmitriev, a figure who has assumed a key position in peace negotiations, stated on a social media platform that Russia "will win in court" and retrieve its assets. He added that the European Union, the euro, and Euroclear "will face consequences" from the plan.

Geopolitical Maneuvering

With statements seen as an attempt to create division between Europe and the United States, the official described the proposal as "a severe attack on the right to ownership and the global financial system established by the United States."

Euroclear declined to provide a statement on the latest lawsuit. It has previously noted it is facing more than 100 legal cases in Russian jurisdictions.

Enforcement Challenges

Although judges in EU countries are unlikely to enforce judgments from Russian courts, experts anticipate Moscow to seek implementation in countries with stronger ties to the Kremlin.

"Russian monetary authorities may attempt to implement a Russian court's decision against Euroclear in countries such as China, Hong Kong, the UAE, Kazakhstan, and other friendly nations, provided that relevant holdings can be identified," stated a legal expert from an international firm.

EU Countermeasures

EU officials indicated they are developing measures to deter other countries from assisting any Russian legal action against EU entities. They are also designing safeguards to shield EU member states with investments in Russia from what they term "illegal expropriation."

How the Funding Would Work

Under the complex scheme, the EU would provide an first €90 billion loan to Ukraine, using the proceeds earned from the immobilized assets at Euroclear. Importantly, Russia's ownership claim on the principal funds would stay untouched.

Kyiv would only be obligated to repay the money if and when Russia agreed to pay reparations for the vast damage inflicted during the nearly four-year war.

Alternative Proposals

The Belgian government, supported by Italy, Bulgaria, and Malta, has asked the EU to examine an different method for funding Ukraine. This entails joint EU borrowing to fund a loan, using unused funds within the EU budget.

Such a proposal, however, requires unanimity among all 27 EU countries. Hungary's government, viewed as friendly with the Kremlin, has already expressed its objection.

Commenting on Monday, the EU top diplomat, Kaja Kallas, described the proposed loan scheme as "the strongest solution" for supporting Ukraine. "The reparations loan is based on the Russian immobilized funds, which means it doesn't come from our taxpayers' money, which is also significant," she stated. "It also delivers a clear signal that if you cause all this damage to another country, you must pay for the reparations."
Scott Miller
Scott Miller

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