Bobko
14 Feb 2024 #1231
I've been reading about Western attempts to seize Russian sovereign assets for the last two years.
On the one hand, you have American lawyers arguing in favor, and on the other hand - European politicians and bankers stubbornly refusing to accept those arguments.
The reason is simple, only $38B of the $300B+ are in the United States. The overwhelming majority are in Europe.
It's Europes reputation, which will be wrecked, and not so much America's.
It's the Eurozone that will suffer from inflation and economic turmoil, as a result.
Currently, this is the situation:
1) Taxes were levied on the interest generated by those $300B. This brings in about $5-6B a year, and this money is already being allocated to Ukraine. From a legal point of view, this is somewhat kosher - since it's just taxation rather than outright theft.
2) The next stage, which is being argued, is much trickier. These $300B could be used as collateral, for bonds issued by Ukraine, which Russia would be forced to buy. If Russia refused to buy $300B worth of Ukrainian bonds, then these $300B would then be seized. This option seems idiotic to me. We are already $300B out of pocket, now we need to spend another $300B buying Ukrainian bonds?
3) The option which most represents outright theft, is selling the $300B worth of bonds, and just handing the cash over to Ukraine. This would probably lead to an economic collapse of some sort in Europe. Russia would immediately sue Euroclear (the custodian for most of our frozen assets), and probably win. Faced with a bankruptcy of Euroclear, European governments would have no option but to bail it out. This would cost a lot more than $300B. It would also suppress demand for European debt, cause higher inflation, and generally suppress economic activity.
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Makin' a wish?
Read it and weep:
In theory, the Biden administration might be able to argue that the United States is somehow already engaged in "armed hostilities" with Russia over Ukraine so as to trigger the conditions set out in that amendment. But it hasn't done so yet: The April 2021 executive order that has been used to freeze various Russia-related assets identifies an "extraordinary threat to the national security, foreign policy, and economy of the United States" under the original IEEPA, but not "armed hostilities" or an "attack" under the 2001 amendment. And characterizing Russia's actions to date, including its cyber activities, as amounting to "armed hostilities" or an "attack" on the United States would run counter to the administration's clear policy of limiting the risk of escalation by avoiding any suggestion that Russia and the United States are engaged in a direct armed conflict with each other.
Source: lawfaremedia.org/article/legal-challenges-presented-seizing-frozen-russian-assets