Moscow Demands Staggering Sum in Compensation from Euroclear over Frozen Funds

The Russian central bank has stated it is claiming compensation valued at $230 billion from the securities depository Euroclear. This move constitutes a direct response from the Kremlin regarding proposals to utilize immobilized Russian state funds to support Ukraine.

The Substantial Demand

Based on accounts in local state media, the monetary authority initiated a lawsuit last week for roughly 18 trillion roubles. This figure is equivalent to the stated $230 billion claim.

European Union officials will decide later this week on a plan to use around €210 billion in frozen Russian assets. The proposal involves providing Ukraine with a large loan to fund its defence and economic needs.

The vast majority of these funds, amounting to €185 billion, are stored at the Euroclear depository in Brussels. Euroclear acts as the main custodian for the Russian frozen financial reserves.

Dispute on Ownership

EU officials have maintained that their plan is legally sound. They argue rests on the fact that ownership of the sovereign wealth still belongs to Russia, despite being it was frozen in EU countries shortly after the full-scale military offensive of Ukraine.

Moscow, in contrast, has labeled any use of the funds as illegal appropriation. Authorities have warned of reciprocal measures, including confiscating European corporate assets within Russia.

Kirill Dmitriev, who has taken on a key role in diplomatic talks, stated on X that Russia "will win in court" and retrieve its funds. He warned that the EU, the common currency, and Euroclear "will face consequences" from the plan.

Strategic Positioning

With statements seen as an effort 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 global financial system established by the United States."

The clearing house refused to comment on the latest legal action. It has previously stated it is facing more than 100 lawsuits in Russian jurisdictions.

Legal Hurdles Ahead

While judges in European nations are not expected to recognize judgments from Russian courts, analysts anticipate Moscow to pursue implementation in nations with stronger ties to the Kremlin.

"Russian monetary authorities may attempt to implement a Russian court's decision against Euroclear in jurisdictions like China, Hong Kong, the UAE, Kazakhstan, and other sympathetic nations, provided that such assets can be identified," stated a lawyer from an international firm.

European Safeguards

European authorities indicated they are working on steps to deter other countries from aiding any Russian legal action against EU entities. Additionally, they are crafting safeguards to protect EU member states with assets in Russia from what they term "illegal expropriation."

How the Funding Would Work

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

Ukraine would only be obligated to return the loan in the event that Russia consented to pay reparations for the immense damage inflicted during the nearly four-year conflict.

Alternative Proposals

The Belgian government, backed by Italy, Bulgaria, and Malta, has urged the EU to consider an different method for funding Ukraine. This involves joint EU borrowing to fund a loan, backed by unallocated funds within the EU budget.

This alternative move, however, requires full agreement among all 27 member states. The Hungarian government, considered aligned with the Kremlin, has previously signaled its opposition.

Speaking on Monday, the EU top diplomat, Kaja Kallas, said the proposed loan scheme as "the most credible solution" for supporting Ukraine. "The reparations loan is based on the Russian frozen assets, meaning it doesn't come from our taxpayers' money, which is also significant," she stated. "Furthermore, it sends a powerful signal that if you do all this damage to another country, you have to pay for the rebuilding."
David Whitney
David Whitney

Lars van den Berg is een ervaren consultant met expertise in bedrijfsstrategie en procesoptimalisatie.