Thursday, October 02, 2025

EU Plans to Confiscate Russian's Sovereign Frozen Assets

 


Europe

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Support grows for using Russian assets in €140 billion loan to Ukraine
Jorge Liboreiro
The loan, as designed by the European Commission, represents the most audacious step since the money was frozen in the early days of the full-scale invasion.Until now, the bloc had only captured the windfall profits generated by the Russian money held at Euroclear, a Brussels-based central securities depository.
  1. The new plan, which is still in early stages, would go further and transfer the entire cash balances from Euroclear to the Commission
  2. The Commission would then issue a €140 billion loan to Ukraine, disbursed gradually over time and subject to conditions.

Ukraine would be asked to repay the so-called "Reparation Loan" only after Russia agrees to compensate for the damages caused. 

Afterwards, the Commission would repay Euroclear, and Euroclear would repay Russia, completing the circle.

 
How frozen Russian assets could come to ...
Uploaded: Oct 27, 2024
Transferring Russia's Frozen Assets to Ukraine: Legal and Policy Debate -  YouTube

Transferring Russia’s Frozen Assets to Ukraine: Legal and Policy Debate
Uploaded: Jun 7, 2024 · 6 Likes
For over two years since Russia’s invasion of Ukraine, debates have been ongoing as to whether Russia’s state assets frozen (or “immobilised”) across the G7 should be transferred to Ukraine. Despite ...
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Merz Backs Plan for €140 Billion Loan to Help Defend Ukraine - Bloomberg
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Most of the assets are held in Euroclear, a securities depository in Belgium, whose foreign minister, Maxime Prevot, said any seizure was out of the question for now. 
 
Given that the Kremlin is unlikely to provide reparations, the scheme could effectively amount to confiscation of sovereign assets, which is illegal under international law.

Ursula von der Leyen, who attended the summit, stressed this would not be the case.

"We are not confiscating the assets," the Commission president said.

"There's a growing consensus among us that it's not only the European taxpayers that should pay for the support to Ukraine, but that Russia has to be held accountable. Russia is the perpetrator. It has caused the damage," she went on.
 
"I think we have now a sound legal way to do this with the proposals of the reparations."

Question marks
So far, the Commission's plan, presented last week to member states in a two-page document, consists of broad concepts that require additional work.
The legal texts are expected by the end of the year.
  1. Beyond the blurry line between transfer and confiscation, the executive has to clarify how the potential financial risks will be shared between the 27 member states.
  2. If there is no consensus to use the EU budget as the ultimate guarantee, the Commission's preferred option, each participating country will have to put forward its own safeguard based on economic weight, further complicating the scheme.

Belgium, which hosts Euroclear, has voiced particular concern about the scenario of a multi-billion-euro lawsuit and negative repercussions for the economy. 

European Central Bank President Christine Lagarde has expressed similar worries.


Voting rules are an additional headache. As of today, EU sanctions have to be renewed by unanimity every six months. 

This means that, in theory, any member state could veto the prolongation, unfreeze the assets and derail the entire loan, leaving the bloc liable.

As part of the plan, the Commission suggests activating Article 31.2 of the EU treaties to switch from unanimity to a qualified majority. The article, though, says that any country can oppose the switch for "vital and stated reasons of national policy".

A previous attempt to change the periodicity of sanctions renewal was blocked by Hungary, leaving the norm at six months


 
TASS REPORT
1 Oct, 23:45

EU leaders fail to resolve most of key issues at Denmark summit — Politico

According to the officials, European leaders spoke a lot about defense and ran beyond the scheduled two hours
NATO Secretary General Mark Rutte and UK Prime Minister Keir Starmer Suzanne Plunkett/ Pool Photo via AP
NATO Secretary General Mark Rutte and UK Prime Minister Keir Starmer
© Suzanne Plunkett/ Pool Photo via AP
BRUSSELS, October 2. /TASS/. EU presidents and prime ministers gathered in Copenhagen on Wednesday for a behind-closed-doors discussion that ended in a stalemate even with the European Union assailed by drones, warplanes and hybrid attacks, three officials told Politico Europe.
  • According to them, European leaders spoke a lot about defense and ran beyond the scheduled two hours, "taking twice that time." 
  • However, "little of substance emerged," with most of key issues remaining unanswered, Politico wrote.

Copenhagen hosted an informal EU summit on October 1. Later on Thursday, a meeting of the European Political Community will be held in the Danish capital.

What do you do with 191bn frozen euros owned by Russia?

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