Moscow Demands Staggering Amount in Compensation from Clearing House Regarding Seized Funds
The Russian central bank has declared it is pursuing damages valued at $230 billion against the financial institution Euroclear. This action represents a clear warning by the Kremlin regarding plans to use immobilized Russian state funds to support Ukraine.
The Substantial Demand
According to reports in Russian news outlets, the central bank initiated a lawsuit last week for approximately 18 trillion roubles. This sum is equivalent to the aforementioned $230 billion claim.
European Union officials are set to determine in the coming days on a proposal to use around €210 billion in immobilized Russian assets. This scheme entails providing Ukraine with a substantial loan to fund its defence and financial stability.
Most of these assets, totaling €185 billion, reside at the Euroclear clearing house in Brussels. Euroclear serves as the primary keeper for the Kremlin's immobilised financial reserves.
Dispute on Ownership
European Union officials have argued that their proposal is on solid legal ground. Their position is based on the principle that ownership of the sovereign wealth remains with Russia, even though it was immobilized in EU countries following the full-scale invasion of Ukraine.
Moscow, in contrast, has called any use of the funds as theft. It has threatened retaliatory actions, such as seizing European corporate assets within Russia.
The head of Russia's sovereign wealth fund, who has taken on a key role in diplomatic talks, stated on a social media platform that Russia "will prevail in court" and regain its assets. He added that the EU, the common currency, and Euroclear "will suffer" from the plan.
Geopolitical Maneuvering
With statements interpreted as an effort to drive a wedge between Europe and the United States, the official characterized the assets plan as "a vicious assault on the right to ownership and the international reserves system established by the United States."
Euroclear declined to comment on the latest lawsuit. It has previously stated it is contending with more than 100 lawsuits in Russian courts.
Legal Hurdles Ahead
Although courts in European nations are unlikely to enforce judgments from Russian tribunals, experts expect Moscow to pursue enforcement in countries with closer ties to the Kremlin.
"The Bank of Russia could try to enforce a Russian legal ruling against Euroclear in countries such as China, Hong Kong, the UAE, Kazakhstan, and other sympathetic states, provided that such holdings can be located," commented a lawyer from an international firm.
EU Countermeasures
EU officials indicated they are working on measures to discourage other nations from aiding any Russian legal action against European entities. They are also crafting protections to protect EU countries with assets in Russia from what they call "illegal expropriation."
How the Funding Would Work
According to the detailed scheme, the EU would provide an initial €90 billion loan to Ukraine, using the cash generated from the frozen assets at Euroclear. Importantly, Russia's ownership claim on the underlying funds would stay unaffected.
Kyiv would solely be obligated to return the loan in the event that Russia consented to pay compensation for the vast damage inflicted during the nearly four-year war.
Other Funding Ideas
Belgium, backed by Italy, Bulgaria, and Malta, has urged the EU to consider an alternative approach for financing Ukraine. This involves joint EU borrowing to secure a loan, using unallocated funds within the European budget.
Such a proposal, however, demands unanimity among all 27 EU countries. Hungary's government, considered friendly with the Kremlin, has already signaled its objection.
Speaking 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 based on the Russian immobilized funds, which means it doesn't come from our taxpayers' money, which is equally important," she stated. "It also sends a clear signal that if you cause all this destruction to another country, you have to pay for the reparations."