Moscow Demands Substantial Sum in Damages from Clearing House over Frozen Funds
Russia's monetary authority has stated it is pursuing damages totaling $230 billion from the securities depository Euroclear. This action constitutes a direct response by the Kremlin regarding proposals to use frozen Russian state funds to aid Ukraine.
The Substantial Demand
According to accounts in local state media, the central bank filed a claim last week for approximately 18 trillion roubles. This sum is equivalent to the stated $230 billion demand.
EU leaders will decide later this week on a plan to use approximately €210 billion in immobilized Russian state funds. This scheme involves providing Ukraine with a large loan to finance its military and financial needs.
Most of these assets, totaling €185 billion, are held at the Euroclear depository in Brussels. Euroclear serves as the main keeper for the Kremlin's immobilised sovereign wealth.
Dispute on Ownership
EU authorities have argued that their proposal is legally sound. Their position is based on the fact that title of the state assets still belongs to Russia, even though it was frozen in EU jurisdictions following the 2022 military offensive of Ukraine.
Moscow, however, has labeled any use of the assets as theft. Authorities have threatened reciprocal actions, including seizing European corporate holdings within Russia.
The head of Russia's sovereign wealth fund, a figure who has assumed a key position in peace negotiations, stated on X that Russia "will prevail in court" and regain its assets. He warned that the EU, the common currency, and Euroclear "will suffer" from the proposal.
Strategic Positioning
With statements seen as an attempt to create division between Europe and the United States, the official described the assets plan as "a severe attack on the right to ownership and the global financial system created by the United States."
The clearing house declined to comment on the new legal action. It has previously stated it is facing over 100 lawsuits in Russian jurisdictions.
Legal Hurdles Ahead
Although judges in European nations are unlikely to recognize judgments from Russian courts, experts expect Moscow to pursue enforcement in countries with stronger relations to the Kremlin.
"The Bank of Russia may attempt to implement a Russian legal ruling against Euroclear in countries such as China, Hong Kong, the UAE, Kazakhstan, and other friendly nations, if relevant holdings can be identified," stated a legal expert from an NSP law firm.
EU Countermeasures
European authorities indicated they are working on steps to discourage other countries from aiding any Russian legal action against EU companies. Additionally, they are crafting protections to protect EU countries with investments in Russia from what they call "unlawful expropriation."
How the Funding Would Work
According to the complex scheme, the EU would issue an first €90 billion loan to Ukraine, using the proceeds generated from the frozen assets at Euroclear. Critically, Russia's ownership claim on the principal funds would remain unaffected.
Kyiv would only be obligated to return the loan in the event that Russia consented to pay compensation for the vast damage inflicted during the ongoing conflict.
Alternative Proposals
The Belgian government, supported by Italy, Bulgaria, and Malta, has asked the EU to consider an different approach for funding Ukraine. This entails joint EU borrowing to secure a loan, backed by unused funds within the EU budget.
This alternative move, however, demands full agreement among all 27 member states. Hungary's government, considered aligned with the Kremlin, has already signaled its opposition.
Commenting on Monday, the EU top diplomat, a senior official, said the reparations loan as "the most credible option" for aiding Ukraine. "The reparations loan is secured against the Russian immobilized funds, which means it is not drawn from our taxpayers' money, which is equally significant," she remarked. "Furthermore, it delivers a powerful signal that if you cause all this damage to another nation, you have to pay for the reparations."