Russia Seeks Staggering Sum in Damages against Clearing House over Frozen Funds

The Russian central bank has stated it is seeking damages amounting to $230 billion against the securities depository Euroclear. This legal step constitutes a direct response by the Kremlin against proposals to use immobilized Russian sovereign assets to aid Ukraine.

The Financial Lawsuit

According to reports in Russian state media, the central bank initiated a lawsuit last week for roughly 18 trillion roubles. This sum corresponds to the stated $230 billion claim.

European Union officials will determine in the coming days regarding a proposal to leverage approximately €210 billion in immobilized Russian state funds. This scheme entails providing Ukraine with a large loan to finance its military and financial stability.

The vast majority of these assets, amounting to €185 billion, are stored at the Euroclear depository in Brussels. Euroclear serves as the main custodian for the Russian frozen sovereign wealth.

Dispute on Ownership

European Union authorities have argued that their plan is legally sound. They argue is based on the fact that ownership of the sovereign wealth still belongs to Russia, despite being it was frozen in EU jurisdictions following the full-scale military offensive of Ukraine.

Moscow, however, has labeled any use of the funds as theft. It has warned of retaliatory actions, including seizing European private investors' assets within Russia.

The head of Russia's sovereign wealth fund, a figure who has taken on a prominent role in peace negotiations, wrote on a social media platform that Russia "will prevail in court" and retrieve its funds. He added that the European Union, the common currency, and Euroclear "will face consequences" from the plan.

Wider Implications

In comments seen as an effort to create division between Europe and the United States, Dmitriev characterized the proposal as "a vicious assault on the right to ownership and the global financial system established by the United States."

Euroclear refused to provide a statement on the latest legal action. The institution has previously stated it is facing more than 100 lawsuits in Russian jurisdictions.

Enforcement Challenges

Although courts in EU countries are unlikely to enforce judgments from Russian tribunals, experts anticipate Moscow to pursue implementation in nations with closer relations to the Kremlin.

"The Bank of Russia may attempt to enforce a Russian legal ruling against Euroclear in jurisdictions like China, Hong Kong, the UAE, Kazakhstan, and other sympathetic nations, if relevant holdings can be located," stated a lawyer from an international firm.

European Safeguards

European authorities said they are working on measures to discourage other countries from assisting any Russian lawsuits against European companies. They are also designing safeguards to protect EU member states with assets in Russia from what they term "unlawful expropriation."

How the Funding Would Work

According to the complex scheme, the EU would issue an initial €90 billion loan to Ukraine, backed by the proceeds generated from the frozen assets at Euroclear. Importantly, Russia's ownership claim on the underlying funds would remain untouched.

Ukraine would solely be required to repay the loan in the event that Russia consented to pay reparations for the vast destruction caused during the nearly four-year war.

Other Funding Ideas

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

This alternative move, however, requires unanimity among all 27 member states. The Hungarian government, viewed as aligned with the Kremlin, has previously expressed its objection.

Commenting on Monday, the EU foreign policy chief, Kaja Kallas, described the proposed loan scheme as "the strongest solution" for aiding Ukraine. "This mechanism is based on the Russian frozen assets, meaning it is not drawn from our public funds, which is also significant," she stated. "Furthermore, it sends a powerful signal that when you cause all this destruction to another nation, you have to pay for the rebuilding."
Ashley Perry
Ashley Perry

Samhällsanalytiker med bakgrund i statsvetenskap, fokuserad på demokratiutveckling och offentlig debatt i Norden.