Moscow Demands Staggering Sum in Compensation from Euroclear Regarding Seized Funds

Russia's monetary authority has announced it is pursuing compensation valued at $230 billion from the financial institution Euroclear. This move constitutes a clear warning by the Kremlin against proposals to use frozen Russian sovereign funds to support Ukraine.

The Legal Claim

According to accounts in Russian state media, the monetary authority filed a claim last week for roughly 18 trillion roubles. This sum is equivalent to the stated $230 billion demand.

EU leaders will decide later this week on a proposal to leverage approximately €210 billion in frozen Russian assets. The proposal entails granting Ukraine with a large loan to finance its defence and financial needs.

Most of these assets, totaling €185 billion, are held at the Euroclear depository in Brussels. Euroclear acts as the primary custodian for the Russian frozen sovereign wealth.

A Clash Over Legality

European Union authorities have argued that their plan is legally sound. They argue rests on the principle that ownership of the state assets still belongs to Russia, despite being it was frozen in European jurisdictions shortly after the full-scale invasion of Ukraine.

Moscow, however, has labeled any utilization of the funds as illegal appropriation. Authorities have warned of retaliatory measures, including seizing EU corporate assets within Russia.

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

Wider Implications

With statements seen as an effort to create division between Europe and the United States, Dmitriev characterized the proposal as "a vicious attack on property rights and the international reserves system created by the United States."

Euroclear refused to provide a statement on the new lawsuit. It has in the past stated it is facing over 100 lawsuits in Russian jurisdictions.

Legal Hurdles Ahead

While courts in EU countries are unlikely to recognize rulings from Russian tribunals, experts expect Moscow to pursue enforcement in countries with closer relations to the Kremlin.

"The Bank of Russia could try to implement a Russian legal ruling against Euroclear in countries such as China, Hong Kong, the UAE, Kazakhstan, and other sympathetic nations, provided that such holdings can be located," stated a legal expert from an NSP law firm.

EU Countermeasures

European authorities said they are working on measures to discourage other nations from assisting any Russian legal action against EU entities. Additionally, they are crafting safeguards to protect EU countries with assets in Russia from what they call "unlawful expropriation."

How the Funding Would Work

According to the detailed scheme, the EU would provide an initial €90 billion loan to Ukraine, backed by the cash 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 loan if and when Russia agreed to pay reparations for the vast destruction inflicted during the nearly four-year conflict.

Other Funding Ideas

Belgium, backed by Italy, Bulgaria, and Malta, has urged the EU to examine 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, however, demands full agreement among all 27 EU countries. Hungary's government, considered friendly with the Kremlin, has already signaled its objection.

Commenting on Monday, the EU top diplomat, a senior official, described the proposed loan scheme as "the most credible solution" for supporting Ukraine. "This mechanism is based on the Russian immobilized funds, meaning it is not drawn from our taxpayers' money, which is also important," she remarked. "Furthermore, it delivers a powerful message that if you do all this damage to another country, you have to pay for the rebuilding."
Alexander Cole
Alexander Cole

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