The EU’s sanctions paradox: frozen Russian assets and EU Bilateral Investment Treaties

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Russia’s full-scale invasion of Ukraine prompted wide-ranging sanctions against Russia and a subsequent effort by Europe and members of the Coalition of the Willing to support Ukraine by securing funding for its defence effort by using frozen Russian assets. However, an arbitration mechanism known as investor-state dispute settlement (ISDS) is undermining the EU’s ability to enforce its policy choices in a conflict setting.

Belgium’s reluctance to release the frozen Russian assets held by the Belgian depository Euroclear has exposed a significant vulnerability in the EU’s reliance on ISDS provisions embedded in investment treaties.

The European Commission and most EU member states support using around €90bn in Russian assets held at Euroclear to provide financial support to Ukraine. However, the Belgian government has blocked the use of the funds, primarily out of concern that doing so could expose it to legal challenges stemming from Cold War-era bilateral investment treaties (BITs) with Russia. The Russian Central Bank followed up on its threats in December by filing a suit against Euroclear over alleged damaging actions, affecting its ability to dispose of Russian state funds and securities.

European sanctions also target companies and individuals closely linked to the Russian regime and the war effort. These sanctions are now being challenged by Russian oligarchs and companies in private tribunals using ISDS. Claims and threats of claims by sanctioned individuals and entities already amount to US $62bn.

This illustrates the way bilateral investment treaties (BITs) between EU member states and third countries undermine legitimate policy objectives of the European Union and its member states on issues of strategic – and in some cases existential – relevance.

Friends of Europe leads a civil society dialogue of independent, pro-Ukraine actors to identify ways to sustain comprehensive support for Ukraine while addressing ISDS risks arising from the weaponisation of investment treaties against European and Ukrainian sanctions. Building on its Ukraine Initiative launched in 2022, this event – held in collaboration with Friends of the Earth Europe – is part of an ongoing series of roundtables and working groups, including discussions on frozen Russian assets.

These resources can provide a deeper understanding of the implications of ISDS for the war in Ukraine: Frozen assets, hot claims: how Russian oligarchs & other investors sue over sanctions


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The EU’s sanctions paradox: frozen Russian assets and EU Bilateral Investment Treaties
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Photo of Petras Auštrevičius
Petras Auštrevičius

Member of the European Parliament Committees on Foreign Affairs, on Security and Defence, and the Subcommittee on Human Rights

Show more information on Petras Auštrevičius

Mr Petras Auštrevičius is a Lithuanian politician, diplomat and a member of the European Parliament (EP) since 2014 (re-elected in 2019 and 2024). He serves as a full member on the EP Committee on Foreign Affairs (AFET) and Security and Defence (SEDE), among other. He is the shadow rapporteur on Ukraine for his political group, Renew Europe. He also leads the Friends of European Ukraine group, which unites MEPs who are active in their work and support for Ukraine. In 2022, a few months after Russia’s full-scale invasion of Ukraine, he was awarded the Order of Merit of the Second Degree by President Volodymyr Zelenskyy in recognition of his dedicated work. From 2001 to 2002, he was a Chief Negotiator for Lithuania’s membership to the European Union. Mr Auštrevičius is a co-founder and first chairman of the Liberals Movement of the Republic of Lithuania.

Myroslava Gongadze
Myroslava Gongadze

Senior Fellow for Peace, Security and Defence at Friends of Europe, Nonresident Senior Fellow at Atlantic Council, Supervisory Board Member at the Ukrainian Institute and Editorial Advisory Board Member at Ukrainska Pravda

Show more information on Myroslava Gongadze

Myroslava Gongadze is a journalist and foreign policy expert specialising in Eastern European security, democratic resilience and strategic communications. As the first Eastern Europe Bureau chief for Voice of America (VOA), she directed coverage across frontline states and oversaw multimedia reporting on Russia’s war against Ukraine and its global consequences. Previously, as chief of VOA’s Ukrainian service in Washington, she transformed the service into a leading source of US news and policy analysis for millions of Ukrainian viewers.

Lukas Schaugg
Lukas Schaugg

Policy Advisor at the International Institute for Sustainable Development (IISD) and co-author of the ‘Frozen Assets, Hot Claims’ report

Show more information on Lukas Schaugg

Lukas Schaugg is a Policy Advisor with the Economic Law and Policy programme at the International Institute for Sustainable Development. Schaugg’s work focuses on the reform of international investment governance. He advises governments on investment treaties, national investment laws, and investor–state dispute settlement (ISDS), and follows reform processes at UNCITRAL, the OECD, and in relation to the Energy Charter Treaty. He holds a PhD in Law from York University and an LLM from King’s College London.

Dirk Schuebel
Dirk Schuebel

Head of the Russia Division at the European External Action Service (EEAS), former EU’s Special Envoy for the Eastern Partnership, and former EU Ambassador to Moldova and to Belarus

Show more information on Dirk Schuebel

Dirk Schuebel is the Head of Division for Russia at the European External Action Service. From September 2022 until July 2024 he worked as the EU’s Special Envoy for the Eastern Partnership. Prior to that, he headed the EU’s Delegation in Belarus for three years. Schuebel served as Ambassador and Head of the EU Delegation to the Republic of Moldova from 2009 to 2013 which followed a diplomatic posting as Head of the Political, Press and Information Section at the EU Delegation to Ukraine and Belarus in Kyiv from early 2006 to 2009. Schuebel has previously held various positions within the European Commission and the German Foreign Ministry going back to 1993. In his time at the European institutions, he worked at the Commission’s DG Energy and Transport, DG Enlargement and DG Trade.

Mykola-Yurlov
Mykola Yurlov

Counsellor at the Department of International Law, Ministry of Foreign Affairs of Ukraine

Show more information on Mykola Yurlov

Mikola Yurlov is Counsellor in the Department of International Law at the Ministry of Foreign Affairs of Ukraine where he is currently working on the international compensation mechanism, representing Ukraine in the Conference of Participants of the Register of Damage and negotiating the Convention Establishing an International Claims Commission for Ukraine. Yurlov is also involved in the establishment of the Special Tribunal for the Crime of Aggression against Ukraine and in efforts concerning the transfer of immobilized assets of the Russian Central Bank. Prior to this, Yurlov served as Counsel to the Minister and Deputy Director of the International Law Department at the Ministry of Justice of Ukraine, where he led the International Disputes and Damage Compensation Units; investigated war crimes and advised law enforcement as Senior Legal Advisor at Truth Hounds; and acted as Legal & Policy Advisor for Geneva Call in Ukraine, among others. Notably, Yurlov represented Ukraine in investor-state arbitrations, commercial arbitrations and cross-border disputes and negotiated the Agreement on a Centennial Partnership, a landmark 100-year pact signed by Ukraine and the United Kingdom in January 2025.

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