Moscow Demands Staggering Sum in Damages against Euroclear over Seized Funds

The Russian central bank has stated it is seeking damages valued at $230 billion against the securities depository Euroclear. This action is a clear warning from the Kremlin against proposals to utilize frozen Russian sovereign funds to aid Ukraine.

The Substantial Demand

According to reports in local news outlets, the central bank initiated a lawsuit last week for an estimated 18 trillion roubles. This sum is equivalent to the stated $230 billion claim.

EU leaders will determine in the coming days regarding a plan to leverage approximately €210 billion in frozen Russian state funds. The proposal involves granting Ukraine with a large loan to finance its defence and financial needs.

Most of these assets, amounting to €185 billion, are held at the Euroclear depository in Brussels. Euroclear serves as the primary keeper for the Russian frozen financial reserves.

Dispute on Ownership

European Union authorities have argued that their plan is legally sound. Their position is based on the principle that ownership of the state assets remains with Russia, even though it was frozen in European jurisdictions shortly after the full-scale military offensive of Ukraine.

Moscow, in contrast, has labeled any use of the assets as illegal appropriation. It has warned of reciprocal measures, including confiscating EU corporate holdings within Russia.

The head of Russia's sovereign wealth fund, who has assumed a key position in diplomatic talks, stated on X that Russia "will win in court" and regain its funds. He warned 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 characterized the proposal as "a severe assault on the right to ownership and the global financial system established by the United States."

Euroclear refused to provide a statement on the new legal action. The institution has in the past stated it is facing over 100 lawsuits in Russian courts.

Enforcement Challenges

While courts in EU countries are not expected to recognize rulings from Russian tribunals, analysts expect Moscow to seek implementation in nations with stronger ties 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, if relevant holdings can be located," commented a legal expert from an NSP law firm.

European Safeguards

European authorities said they are working on steps to discourage other nations from aiding any Russian lawsuits against European companies. Additionally, they are crafting safeguards to shield EU member states with investments in Russia from what they call "unlawful expropriation."

How the Funding Would Work

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

Kyiv would solely be obligated to return the loan in the event that Russia agreed to pay reparations for the vast damage inflicted during the ongoing conflict.

Other Funding Ideas

Belgium, supported by Italy, Bulgaria, and Malta, has asked the EU to consider an alternative method for financing Ukraine. This entails joint EU borrowing to secure a loan, using unallocated funds within the European budget.

Such a proposal, nevertheless, demands full agreement among all 27 EU countries. Hungary's government, viewed as friendly with the Kremlin, has previously signaled its objection.

Speaking on Monday, the EU top diplomat, a senior official, said the proposed loan scheme as "the strongest solution" for supporting Ukraine. "The reparations loan is secured against the Russian frozen assets, which means it is not drawn from our taxpayers' money, which is equally important," she remarked. "It also delivers a powerful message that when you do all this destruction to another nation, you have to pay for the rebuilding."
Austin Becker
Austin Becker

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