Moscow Demands Substantial Amount in Compensation against Euroclear Regarding Seized Funds

Russia's monetary authority has stated it is claiming compensation valued at $230 billion against the financial institution Euroclear. This move is a direct response from the Kremlin regarding plans to use frozen Russian sovereign assets to support Ukraine.

The Legal Claim

Based on reports in local state media, the monetary authority initiated a lawsuit last week for roughly 18 trillion roubles. This sum corresponds to the aforementioned $230 billion claim.

European Union officials are set to decide in the coming days regarding a proposal to use around €210 billion in frozen Russian assets. This scheme involves providing Ukraine with a substantial loan to finance its military and financial stability.

Most of these assets, amounting to €185 billion, are stored at the Euroclear clearing house in Brussels. This institution serves as the primary custodian for the Russian immobilised sovereign wealth.

Dispute on Ownership

European Union authorities have argued that their plan is legally sound. Their position rests on the principle that title of the sovereign wealth remains with Russia, even though it was frozen in European jurisdictions following the full-scale invasion of Ukraine.

The Russian government, in contrast, has labeled any use of the assets as theft. It has warned of reciprocal actions, including confiscating EU corporate assets within Russia.

The head of Russia's sovereign wealth fund, who has taken on a key role in peace negotiations, wrote on X that Russia "will prevail in court" and regain its funds. He warned that the European Union, the common currency, and Euroclear "will suffer" from the plan.

Wider Implications

In comments interpreted as an effort to drive a wedge between Europe and the United States, the official characterized the proposal as "a severe assault on the right to ownership and the international reserves system established by the United States."

Euroclear declined to provide a statement on the latest lawsuit. The institution has in the past stated it is contending with over 100 lawsuits in Russian courts.

Enforcement Challenges

Although judges in EU countries are not expected to enforce judgments from Russian tribunals, experts anticipate 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, if relevant holdings can be identified," commented a lawyer from an NSP law firm.

EU Countermeasures

European authorities indicated they are developing measures to deter other countries from assisting any Russian legal action against EU companies. Additionally, they are crafting protections to shield EU countries with investments in Russia from what they term "unlawful expropriation."

The Proposed Loan Mechanism

Under the complex plan, the EU would issue an initial €90 billion loan to Ukraine, using the cash earned from the immobilized assets at Euroclear. Importantly, Russia's legal claim on the principal funds would remain unaffected.

Ukraine would only be obligated to return the loan in the event that Russia agreed to pay compensation for the vast damage caused during the nearly four-year conflict.

Other Funding Ideas

The Belgian government, backed by Italy, Bulgaria, and Malta, has asked the EU to examine an different approach for funding Ukraine. This involves common EU debt issuance to fund a loan, backed by unused funds within the European budget.

Such a proposal, nevertheless, requires full agreement among all 27 member states. The Hungarian government, considered aligned with the Kremlin, has previously signaled its opposition.

Speaking on Monday, the EU top diplomat, a senior official, described the reparations loan as "the most credible option" for supporting Ukraine. "The reparations loan is secured against the Russian frozen assets, which means it doesn't come from our taxpayers' money, which is also significant," she remarked. "It also sends a powerful message that when you cause all this damage to another nation, you must pay for the rebuilding."
David Simon
David Simon

Elena Voss is a freelance writer and cultural critic based in Berlin, specializing in contemporary art and digital culture.