Moscow Demands Substantial Sum in Damages from Clearing House Regarding Seized Assets

The Russian central bank has stated it is pursuing compensation totaling $230 billion against the securities depository Euroclear. This move constitutes a clear warning by the Kremlin against plans to use frozen Russian state assets to aid Ukraine.

The Substantial Demand

Based on accounts in local news outlets, the central bank filed a claim last week for roughly 18 trillion roubles. This figure is equivalent to the stated $230 billion claim.

European Union officials will determine in the coming days regarding a proposal to use approximately €210 billion in frozen Russian state funds. The proposal involves granting Ukraine with a substantial loan to fund its defence and financial needs.

The vast majority of these funds, amounting to €185 billion, reside at the Euroclear depository in Brussels. This institution acts as the primary custodian for the Russian frozen sovereign wealth.

Dispute on Ownership

European Union officials have argued that their proposal is legally sound. They argue rests on the principle that ownership of the state assets still belongs to Russia, even though it was immobilized in EU jurisdictions following the full-scale military offensive of Ukraine.

The Russian government, in contrast, has called any utilization of the funds as illegal appropriation. It has warned of retaliatory measures, including seizing European corporate assets within Russia.

The head of Russia's sovereign wealth fund, who has taken on a prominent position in peace negotiations, stated on X that Russia "will win in court" and regain its assets. He added that the EU, the euro, and Euroclear "will suffer" from the proposal.

Geopolitical Maneuvering

In comments seen as an attempt to drive a wedge between Europe and the United States, the official characterized the assets plan as "a severe assault on property rights and the international reserves system established by the United States."

The clearing house declined to provide a statement on the new lawsuit. The institution has previously noted it is contending with more than 100 lawsuits in Russian courts.

Legal Hurdles Ahead

While judges in European nations are not expected to recognize rulings from Russian courts, analysts expect Moscow to seek implementation in countries with closer relations to the Kremlin.

"Russian monetary authorities could try to enforce a Russian court's decision against Euroclear in jurisdictions like China, Hong Kong, the UAE, Kazakhstan, and other sympathetic states, if relevant assets can be located," stated a lawyer from an NSP law firm.

EU Countermeasures

EU officials indicated they are working on steps to deter other nations from assisting any Russian lawsuits against EU companies. They are also crafting protections to protect EU countries with investments in Russia from what they term "illegal expropriation."

The Proposed Loan Mechanism

Under the detailed plan, the EU would provide an initial €90 billion loan to Ukraine, backed by the proceeds generated from the frozen assets at Euroclear. Critically, Russia's ownership claim on the underlying funds would stay unaffected.

Kyiv would only be required to return the loan if and when Russia consented to pay compensation for the immense damage inflicted during the ongoing conflict.

Alternative Proposals

Belgium, supported by Italy, Bulgaria, and Malta, has asked the EU to examine an different method for funding Ukraine. This entails joint EU debt issuance to fund a loan, backed by unused funds within the EU budget.

This alternative move, nevertheless, demands full agreement among all 27 EU countries. Hungary's government, considered friendly with the Kremlin, has already expressed its opposition.

Speaking on Monday, the EU foreign policy chief, Kaja Kallas, said the reparations loan as "the strongest option" for aiding Ukraine. "The reparations loan is based on the Russian frozen assets, meaning it doesn't come from our public funds, which is also important," she remarked. "Furthermore, it sends a powerful signal that when you cause all this damage to another country, you have to pay for the reparations."
Mary Ochoa
Mary Ochoa

Blockchain analyst with 8 years of experience in DeFi and crypto markets, specializing in technical analysis and portfolio management.