Moscow Demands Significant Sum in Damages against Clearing House over Seized Assets

The Russian central bank has announced it is claiming damages totaling $230 billion from the financial institution Euroclear. This action constitutes a clear warning by the Kremlin against plans to utilize immobilized Russian sovereign funds to aid Ukraine.

The Substantial Demand

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

EU leaders will decide later this week regarding a plan to leverage around €210 billion in frozen Russian state funds. This scheme involves granting Ukraine with a large loan to fund its military and economic needs.

Most of these funds, totaling €185 billion, are stored at the Euroclear clearing house in Brussels. This institution acts as the main keeper for the Russian immobilised financial reserves.

A Clash Over Legality

EU authorities have maintained that their plan 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 countries following the full-scale military offensive of Ukraine.

Moscow, however, has called any use of the assets as illegal appropriation. Authorities have warned of reciprocal measures, including confiscating EU corporate holdings within Russia.

Kirill Dmitriev, a figure who has taken on a key position in peace negotiations, wrote on a social media platform that Russia "will win in court" and retrieve its funds. He added that the European Union, the common currency, and Euroclear "will suffer" from the plan.

Geopolitical Maneuvering

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

Euroclear declined to provide a statement on the latest lawsuit. The institution has previously noted it is facing more than 100 lawsuits in Russian jurisdictions.

Legal Hurdles Ahead

While courts in European nations are not expected to recognize judgments from Russian courts, analysts expect Moscow to seek implementation in countries with closer relations to the Kremlin.

"Russian monetary authorities could try to enforce 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 lawyer from an NSP law firm.

European Safeguards

European authorities indicated they are developing steps to deter other nations from assisting any Russian lawsuits against European entities. They are also crafting protections to protect EU member states with assets in Russia from what they call "unlawful expropriation."

How the Funding Would Work

Under the complex scheme, the EU would provide an initial €90 billion loan to Ukraine, backed by the cash generated from the frozen assets at Euroclear. Critically, Russia's ownership claim on the underlying funds would stay unaffected.

Ukraine would only be required to repay the money in the event that Russia agreed to pay compensation for the immense damage inflicted during the ongoing conflict.

Alternative Proposals

The Belgian government, supported by Italy, Bulgaria, and Malta, has urged the EU to consider an alternative approach for financing Ukraine. This involves joint EU debt issuance to fund a loan, using unallocated funds within the European budget.

This alternative move, nevertheless, requires unanimity among all 27 EU countries. The Hungarian government, viewed as aligned with the Kremlin, has already expressed its opposition.

Commenting on Monday, the EU top diplomat, Kaja Kallas, described the reparations loan as "the most credible option" for supporting Ukraine. "This mechanism is secured against the Russian frozen assets, which means it doesn't come from our public funds, which is also significant," she stated. "Furthermore, it delivers a powerful signal that when you cause all this damage to another nation, you must pay for the rebuilding."
Carlos Becker
Carlos Becker

Elena Voss is a former casino manager turned gaming analyst, specializing in slot machine mechanics and responsible gambling practices.