Moscow Demands Staggering Amount in Damages against Euroclear Regarding Frozen Funds
Russia's monetary authority has announced it is pursuing compensation amounting to $230 billion from the securities depository Euroclear. This move represents a direct response from the Kremlin against proposals to utilize immobilized Russian state funds to aid Ukraine.
The Substantial Demand
Based on accounts in Russian state media, the central bank initiated a lawsuit last week for approximately 18 trillion roubles. This figure is equivalent to the aforementioned $230 billion demand.
European Union officials are set to determine later this week on a proposal to leverage around €210 billion in immobilized Russian state funds. This scheme entails granting Ukraine with a large loan to finance its defence and economic stability.
Most of these assets, totaling €185 billion, are stored at the Euroclear depository in Brussels. Euroclear serves as the main custodian for the Kremlin's immobilised financial reserves.
Dispute on Ownership
European Union officials 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 frozen in European jurisdictions shortly after the full-scale invasion of Ukraine.
Moscow, in contrast, has labeled any use of the assets as theft. It has threatened reciprocal measures, including seizing EU private investors' holdings within Russia.
The head of Russia's sovereign wealth fund, a figure who has assumed a prominent role in diplomatic talks, stated on a social media platform that Russia "will prevail in court" and regain its assets. He warned that the EU, the common currency, and Euroclear "will face consequences" from the proposal.
Strategic Positioning
In comments interpreted as an effort to drive a wedge between Europe and the United States, the official described the assets plan as "a vicious attack on property rights and the international reserves system established by the United States."
Euroclear refused to comment on the latest legal action. It has previously stated it is contending with more than 100 legal cases in Russian courts.
Legal Hurdles Ahead
Although courts in EU countries are not expected to recognize judgments from Russian courts, experts expect Moscow to pursue enforcement in countries with stronger ties to the Kremlin.
"Russian monetary authorities may attempt to implement a Russian legal ruling against Euroclear in countries such as China, Hong Kong, the UAE, Kazakhstan, and other friendly nations, provided that relevant assets can be located," commented a legal expert from an international firm.
EU Countermeasures
EU officials said they are working on measures to discourage other countries from assisting any Russian lawsuits against European entities. Additionally, they are designing protections to shield EU member states with investments in Russia from what they call "illegal expropriation."
The Proposed Loan Mechanism
Under the complex plan, the EU would provide an initial €90 billion loan to Ukraine, using the proceeds generated from the immobilized assets at Euroclear. Importantly, Russia's ownership claim on the principal funds would stay untouched.
Ukraine would solely be obligated to repay the money in the event that Russia agreed to pay compensation for the vast damage inflicted during the nearly four-year war.
Other Funding Ideas
Belgium, supported by Italy, Bulgaria, and Malta, has urged the EU to examine an different approach for financing Ukraine. This involves common EU debt issuance to fund a loan, using unused funds within the EU budget.
Such a proposal, however, demands unanimity among all 27 member states. The Hungarian government, viewed as friendly with the Kremlin, has previously signaled its objection.
Commenting on Monday, the EU foreign policy chief, a senior official, said the reparations loan as "the strongest solution" for supporting Ukraine. "This mechanism is based on the Russian immobilized funds, which means it is not drawn from our taxpayers' money, which is also significant," she stated. "It also sends a powerful signal that if you do all this destruction to another nation, you must pay for the reparations."