Russia Seeks Staggering Amount in Damages from Clearing House over Seized Assets

Russia's monetary authority has declared it is claiming compensation totaling $230 billion from the securities depository Euroclear. This move is a direct warning from the Kremlin against proposals to use immobilized Russian sovereign funds to support Ukraine.

The Substantial Demand

Based on reports in local state media, the central bank initiated a claim last week for roughly 18 trillion roubles. This figure corresponds to the stated $230 billion claim.

EU leaders are set to decide in the coming days regarding a plan to leverage approximately €210 billion in immobilized Russian state funds. This scheme entails granting Ukraine with a large loan to finance its military and economic stability.

Most of these funds, totaling €185 billion, are stored at the Euroclear depository in Brussels. This institution serves as the primary keeper for the Kremlin's immobilised sovereign wealth.

A Clash Over Legality

EU authorities have argued that their proposal is legally sound. Their position rests on the principle that ownership of the sovereign wealth remains with Russia, even though it was frozen in European countries shortly after the full-scale military offensive of Ukraine.

Moscow, in contrast, has labeled any utilization of the funds as theft. Authorities have threatened retaliatory actions, such as seizing European corporate holdings within Russia.

The head of Russia's sovereign wealth fund, a figure who has taken on a key position in peace negotiations, wrote on a social media platform that Russia "will win in court" and regain its assets. He warned that the EU, the euro, and Euroclear "will face consequences" from the proposal.

Wider Implications

With statements interpreted as an attempt to drive a wedge between Europe and the United States, the official characterized the proposal as "a severe assault on property rights and the global financial system created by the United States."

The clearing house refused to provide a statement on the new legal action. It has in the past noted it is contending with more than 100 legal cases in Russian courts.

Enforcement Challenges

While courts in EU countries are unlikely to enforce rulings from Russian courts, experts anticipate Moscow to seek enforcement in countries with closer relations to the Kremlin.

"Russian monetary authorities could try to implement a Russian legal ruling against Euroclear in jurisdictions like China, Hong Kong, the UAE, Kazakhstan, and other sympathetic states, if such assets can be located," commented a legal expert from an international firm.

European Safeguards

EU officials said they are developing measures to deter other nations from aiding any Russian legal action against EU entities. They are also designing protections to protect EU member states with assets in Russia from what they term "illegal expropriation."

The Proposed Loan Mechanism

According to the complex plan, the EU would provide an first €90 billion loan to Ukraine, using the cash earned from the immobilized assets at Euroclear. Critically, Russia's ownership claim on the principal funds would stay untouched.

Ukraine would only be required to return the money if and when Russia agreed to pay compensation for the immense damage inflicted during the ongoing conflict.

Other Funding Ideas

Belgium, backed by Italy, Bulgaria, and Malta, has urged the EU to consider an different approach for funding Ukraine. This involves joint EU debt issuance to fund a loan, backed by unused funds within the EU budget.

Such a proposal, however, requires unanimity among all 27 EU countries. The Hungarian government, viewed as friendly with the Kremlin, has previously expressed its objection.

Commenting on Monday, the EU top diplomat, a senior official, said the proposed loan scheme as "the strongest option" for supporting Ukraine. "This mechanism is based on the Russian frozen assets, which means it is not drawn from our taxpayers' money, which is also important," she remarked. "Furthermore, it delivers a powerful signal that when you do all this destruction to another country, you have to pay for the reparations."
Sarah Ayala
Sarah Ayala

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