Moscow Demands Staggering Amount in Damages against Clearing House over Seized Funds
Russia's monetary authority has announced it is claiming damages totaling $230 billion from the financial institution Euroclear. This move represents a direct response from the Kremlin regarding proposals to utilize immobilized Russian sovereign assets to support Ukraine.
The Substantial Demand
Based on accounts in local news outlets, the central bank initiated a claim last week for roughly 18 trillion roubles. This sum corresponds to the aforementioned $230 billion demand.
European Union officials are set to decide in the coming days on a proposal to use approximately €210 billion in frozen Russian state funds. The proposal involves granting Ukraine with a large loan to fund its defence and financial stability.
The vast majority of these funds, amounting to €185 billion, are stored at the Euroclear clearing house in Brussels. This institution serves as the main keeper for the Russian frozen financial reserves.
A Clash Over Legality
EU officials have maintained that their plan is on solid legal ground. Their position rests on the principle that ownership of the state assets remains with Russia, even though it was immobilized in EU jurisdictions shortly after the full-scale military offensive of Ukraine.
Moscow, however, has labeled any use of the assets as theft. Authorities have warned of reciprocal measures, such as seizing EU corporate holdings within Russia.
Kirill Dmitriev, who has assumed a key role in diplomatic talks, stated on X that Russia "will prevail in court" and regain its funds. He warned that the EU, 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 severe assault on the right to ownership and the global financial system established by the United States."
Euroclear declined to comment on the latest legal action. The institution has previously noted it is facing more than 100 legal cases in Russian courts.
Legal Hurdles Ahead
Although courts in European nations are not expected to enforce judgments from Russian courts, experts expect Moscow to seek implementation in countries with closer ties to the Kremlin.
"The Bank of Russia may attempt to enforce a Russian court's decision against Euroclear in jurisdictions like China, Hong Kong, the UAE, Kazakhstan, and other sympathetic states, if such assets can be located," commented a lawyer from an international firm.
European Safeguards
EU officials said they are working on steps to discourage other nations from aiding any Russian lawsuits against European companies. Additionally, they are designing safeguards to protect EU member states with investments in Russia from what they term "illegal expropriation."
How the Funding Would Work
Under the detailed scheme, the EU would provide an first €90 billion loan to Ukraine, backed by the proceeds generated from the frozen assets at Euroclear. Critically, Russia's legal claim on the underlying funds would remain unaffected.
Kyiv would solely be required to repay the money if and when Russia consented to pay reparations for the immense damage caused during the nearly four-year conflict.
Other Funding Ideas
The Belgian government, supported by Italy, Bulgaria, and Malta, has asked the EU to consider an different method for funding Ukraine. This involves joint EU debt issuance to secure a loan, using unused funds within the European budget.
Such a proposal, however, requires unanimity among all 27 EU countries. The Hungarian government, viewed as aligned with the Kremlin, has already signaled its opposition.
Commenting on Monday, the EU top diplomat, a senior official, said the proposed loan scheme as "the strongest solution" for aiding Ukraine. "This mechanism is based on the Russian frozen assets, which means it doesn't come from our public funds, which is equally important," she remarked. "It also delivers a clear signal that if you cause all this damage to another nation, you have to pay for the reparations."