Moscow Demands Substantial Amount in Damages from Euroclear Regarding Frozen Assets

The Russian central bank has stated it is seeking damages amounting to $230 billion against the securities depository Euroclear. This move is a direct warning from the Kremlin regarding proposals to utilize immobilized Russian sovereign assets to aid Ukraine.

The Substantial Demand

Based on accounts in local news outlets, the central bank initiated a lawsuit last week for roughly 18 trillion roubles. This amount corresponds to the aforementioned $230 billion claim.

European Union officials will decide in the coming days regarding a plan to leverage around €210 billion in immobilized Russian assets. This scheme involves providing Ukraine with a large loan to fund its defence and financial needs.

Most of these assets, totaling €185 billion, are stored at the Euroclear clearing house in Brussels. This institution serves as the primary custodian for the Kremlin's frozen sovereign wealth.

Dispute on Ownership

EU authorities have argued that their proposal is on solid legal ground. They argue is based on the fact that ownership of the state assets remains with Russia, despite being it was immobilized in European jurisdictions following the full-scale invasion of Ukraine.

Moscow, however, has called any use of the funds as theft. It has threatened retaliatory measures, such as confiscating EU corporate assets within Russia.

The head of Russia's sovereign wealth fund, a figure who has assumed a prominent position in diplomatic talks, wrote on a social media platform that Russia "will win in court" and retrieve its assets. He added that the European Union, the common currency, and Euroclear "will suffer" from the plan.

Geopolitical Maneuvering

With statements seen as an effort to create division between Europe and the United States, the official characterized the proposal as "a vicious attack on the right to ownership and the global financial system created by the United States."

Euroclear declined to comment on the latest legal action. It has previously noted it is contending with more than 100 lawsuits in Russian courts.

Enforcement Challenges

While judges in EU countries are not expected to recognize rulings from Russian tribunals, experts expect Moscow to seek enforcement in nations with stronger ties 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 states, provided that such assets can be located," commented a lawyer from an international firm.

European Safeguards

European authorities indicated they are developing steps to discourage other countries from aiding any Russian lawsuits against EU entities. They are also designing protections to shield EU member states with assets in Russia from what they term "unlawful expropriation."

The Proposed Loan Mechanism

According to the detailed plan, the EU would provide an first €90 billion loan to Ukraine, using the cash generated from the frozen assets at Euroclear. Critically, Russia's legal claim on the principal funds would stay untouched.

Ukraine would only be obligated to repay the loan if and when Russia agreed to pay reparations for the immense damage inflicted during the ongoing conflict.

Alternative Proposals

Belgium, supported by Italy, Bulgaria, and Malta, has asked the EU to consider an alternative approach for financing Ukraine. This involves joint EU borrowing to secure a loan, backed by unused funds within the EU budget.

Such a proposal, nevertheless, demands full agreement among all 27 EU countries. Hungary's government, viewed as friendly with the Kremlin, has previously expressed its objection.

Commenting on Monday, the EU foreign policy chief, Kaja Kallas, said the reparations loan as "the most credible solution" for supporting Ukraine. "The reparations loan is secured against the Russian frozen assets, meaning it doesn't come from our taxpayers' money, which is also important," she stated. "Furthermore, it sends a powerful message that if you do all this destruction to another nation, you have to pay for the reparations."
Isaiah Rose
Isaiah Rose

Elena is a food enthusiast and journalist based in Amsterdam, specializing in global cuisine and budget-friendly dining.