# Legal basis for seizing, freezing, Russian oligarchs' assets? **URL:** \ **Category:** Factual Questions\ **Tags:** ukraine-invasion\ **Created:** [March 5, 2022, 11:54pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541 "2022-03-05T23:54:22Z")\ **Posts on this page:** 17\ **Page:** 1
**Author:** ![kenoMD](https://avatars.discourse-cdn.com/v4/letter/k/f9ae1b/32.png) [@kenoMD](https://boards.straightdope.com/u/kenoMD)\ **Post date:** [March 5, 2022, 11:54pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/1 "2022-03-05T23:54:22Z")
What gives NATO members’ the right to seize or freeze the assets of Russian oligarchs? Can any citizens be held personally responsible for the actions of their country? ---
**Author:** ![Kimera757](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kimera757/32/3765_2.png) [@Kimera757](https://boards.straightdope.com/u/Kimera757)\ **Post date:** [March 6, 2022, 12:32am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/2 "2022-03-06T00:32:57Z")
I found this: > **[International Sanctions: A Useful, But Misused Policy Measure](https://www.visionofhumanity.org/international-sanctions-a-useful-but-increasingly-misused-policy-instrument/)** > > The use of international sanctions has grown, but not without negative consequences, writes Michael Brzoska. > [@](#): > > Are sanctions legal under international law? > > **Sanctions are a political, not legal instrument**. This does not imply that they don’t need to have a legal basis — the UN Charter in the case of UN sanctions, and national legal acts for national sanctions. However, there is no, or only very limited, legal recourse by those who are sanctioned against sanctions. It’s called war and diplomacy, not that wars get declared any more. During total war, factories or even entire cities could get blown up or set on fire. I don’t know if there was much of a “legal basis” for that either. Russia has essentially declared war on Ukraine, an ally of the United States. The US can apply whatever sanctions it wants and get away with it because it’s more powerful than Russia, but the US won’t go to war with Russia because Russia has nukes. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 6, 2022, 12:35am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/3 "2022-03-06T00:35:03Z")
The question came up in the GD thread on “Sanctions on Russia for invading Ukraine”. Here’s what I posted: > [@Sanctions on Russia for invading Ukraine](https://boards.straightdope.com/t/sanctions-on-russia-for-invading-ukraine/960007/287): > > Fair question. I’m not an expert in EU law, obviously, but the answer seems to be that the Council of the EU, composed of the representatives of the national governments, have passed a series of directives which have placed specific individuals on the sanctions list. The various member states are then required to enact local laws to implement that sanctions list. > > Here’s the most recent addition to the list of sanctioned individuals, as far as I can tell, adding a swack of Belerussian military officials to the list. Note that the new list starts at 697, so there are already 696 people on the list. > > Here’s the rationale for putting number 697 on the list: > > > [@](#): > > > > Leonid Kasinsky holds the position of assistant to the Belarusian Minister of Defence for ideological work in the armed forces. He is also a head of the Main Directorate for ideological work in the Belarusian Ministry of Defence. > > > > Belarus is participating in the Russian military aggression against Ukraine by allowing Russia to fire ballistic missiles from Belarus into Ukraine, enabling transportation of Russian military personnel and heavy weapons, tanks, and military transporters in Belarus (road and railway transportation) to Ukraine, allowing Russian military aircraft to fly over Belarusian airspace into Ukraine, providing refuelling points in Belarus for Russian military aircraft engaged in activities against Ukraine , and storing Russian weapons and military equipment in Belarus. > > Being a high-ranking member of the Belarusian armed forces, Leonid Kasinsky is participating in the actions of Belarus supporting the Russian aggression against Ukraine. > > According to this French government article, the French are not confiscating assets of individuals on the sanctions list, but freezing them (“gel”). The owners can access them, in the case of physical things like boats, but can’t use them in any way or sell them. > > [https://www.tresor.economie.gouv.fr/services-aux-entreprises/sanctions-economiques/dispositif-national-de-gel-des-avoirs](https://www.tresor.economie.gouv.fr/services-aux-entreprises/sanctions-economiques/dispositif-national-de-gel-des-avoirs) > > I’ve not found a list of non-miltary types yet, so can’t comment on the rationale for putting them on the list. > [@](#): > > And then: > Found it. A list of 26 oligarchs and one state company: > > > [@](#): > > > > [https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/uri=CELEX:32022D0337&qid=1646357816498&from=EN](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/uri=CELEX:32022D0337&qid=1646357816498&from=EN) > > > > COUNCIL DECISION (CFSP) 2022/337 of 28 February 2022 > > > > Citing the EU’s unwavering support for Ukraine’s sovereignty and territorial integrity, the Council added the individauls to the sanctions list. Here’s the rationale for the first one on the list, Igor Ivanovich SECHIN: > > > > > [@](#): > > > > > > Igor Sechin is CEO of Rosneft, Russian state oil company and one of the world’s largest crude oil producers. He is one of Vladimir Putin’s most trusted and closest advisors, as well as his personal friend. He has been in contact with the Russian President on a daily basis. He is considered to be one of the most powerful members of the Russian political elite. His connections to Vladimir Putin are long and deep. He worked with the President in the St Petersburg mayor’s office in the 1990s and has proved his loyalty ever since. In 1999 Mr Sechin became Vladimir Putin’s deputy head of his administration, in 2008 deputy Prime Minister, and in 2012 Rosneft’s CEO. He is one of the Russian oligarchs operating in partnership with the Russian state. > > > > > > He is among those people from Putin’s circle who receive financial gains and important assignments in return for subordination and loyalty. He has been tasked with important and difficult tasks by the President and rewarded with Rosneft leadership and great wealth. Igor Sechin’s Rosneft was involved in financing the vineyards of the palace complex near Gelendzhik, which is considered to be personally used by President Putin. > > > > > > Therefore he actively supported materially or financially and benefited from Russian decision-makers responsible for the annexation of Crimea and the destabilisation of Ukraine. > > > > > > Furthermore, Rosneft Aero, a subsidiary of Rosneft of which Mr Sechin is CEO, delivers jet fuel to the Simferopol Airport which provides air flight connection between the territory of the illegally annexed Crimea and Sevastopol and Russia. > > > > > > Therefore he is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine. ---
**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\ **Post date:** [March 6, 2022, 12:40am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/4 "2022-03-06T00:40:44Z")
Presumably, these will be challenged. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [March 6, 2022, 12:45am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/5 "2022-03-06T00:45:22Z")
I think Ukraine is a nation friendly to the United States, not an ally. Allies would have some kind of mutual defense pact in place, or have war declared on them both by the same parties. ---
**Author:** ![Francis\_Vaughan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/francis_vaughan/32/3093_2.png) [@Francis\_Vaughan](https://boards.straightdope.com/u/Francis_Vaughan)\ **Post date:** [March 6, 2022, 3:09am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/6 "2022-03-06T03:09:52Z")
> [@Dr\_Paprika](#): > > Presumably, these will be challenged. But where, and to what effect? I can’t see the various oligarchs suing the US government in a US court anytime soon. Similarly other countries party to the sanctions. You need a court with jurisdiction and teeth to enforce compliance. When it come to war, those are a bit thin on the ground. International law is enforced by convention and has little to no actual teeth. Not when a nation decides to ignore it. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 6, 2022, 5:47am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/7 "2022-03-06T05:47:51Z")
> [@Dr\_Paprika](#): > > Presumably, these will be challenged. On what basis? ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [March 7, 2022, 4:47am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/8 "2022-03-07T04:47:34Z")
I assume the assets too can be frozen with the implication that these oligarchs are in some way participating in the rulership of the Russian Federation, so therefore their assets may be frozen in anticipation of them personally liable and being sued by Ukraine to assist in war reparations. Someone’s going to have to pay to repair the Ukrainian infrastructure, so I expect there’s a chance that a lot of the Russian oil and gas money will also be going toward that when Russia signs a peace treaty and Putin is replaced. I don’t think Russia will get away with saying “Oops, my bad…” and walking away from Ukraine. I don’t think the west will tolerate anything less than full reparations to lift sanctions, and who better to help pay for all this than the Russians who got rich looting their own country. Will it start with Putin throwing the oligarchs under the bus to try to save himself? If there is social upheaval in Russia from blowback from the war in Ukraine, it won’t go well for anyone near the top of the heap. Street demonstrations overflowed into the breakup of the USSR, and I expect the same in a few months. Some general(s) will take out Putin, and then discover that is not enough to satisfy the people, and they don’t have the willing manpower to suppress country-wide revolt. ---
**Author:** ![kenoMD](https://avatars.discourse-cdn.com/v4/letter/k/f9ae1b/32.png) [@kenoMD](https://boards.straightdope.com/u/kenoMD)\ **Post date:** [March 7, 2022, 7:03pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/9 "2022-03-07T19:03:07Z")
It sounds like the answer is that long-standing canon of schoolyard jurisprudence, “Might makes right” ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [March 7, 2022, 8:29pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/10 "2022-03-07T20:29:10Z")
Also the “500-pound gorilla” corollary. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [March 7, 2022, 8:39pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/11 "2022-03-07T20:39:02Z")
> [@kenoMD](#): > > It sounds like the answer is that long-standing canon of schoolyard jurisprudence, “Might makes right” Not really. The oligarchs are the de facto ruling class of Russia. They use those funds to give money to Russia. Sanctions would be useless if they couldn’t be enacted against those who fund Russia, keeping them from sending money to Russia. It’s not really that different than keeping companies from sending money to Russia to buy things from them. And that’s what sanctions are. Legally, any assets that are used to fund an illegal operation can be frozen. And Russia’s war is illegal by International Law. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [March 7, 2022, 9:11pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/12 "2022-03-07T21:11:36Z")
> [@BigT](#): > > Not really. The oligarchs are the de facto ruling class of Russia. They use those funds to give money to Russia I think it’s the opposite; the source of their wealth is the money they’ve stolen from Russia, with the cooperation of Putin and his government. [This article](https://qz.com/2137575/how-rich-are-russias-oligarchs/) quotes a 2017 study that estimates that in 2015, the oligarchs held $800 billion in overseas wealth, or about three times the official foreign reserves. ---
**Author:** ![sitchensis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sitchensis/32/4892_2.png) [@sitchensis](https://boards.straightdope.com/u/sitchensis)\ **Post date:** [March 7, 2022, 10:17pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/13 "2022-03-07T22:17:41Z")
> [@BigT](#): > > Legally, any assets that are used to fund an illegal operation can be frozen. And Russia’s war is illegal by International Law. This seems like an idea someone would make up because “it just makes sense”. Who’s law? What do you mean by illegal and legal? Who’s the judge? Why are they the judge? The only international law is death. Who is willing and capable of destroying until there is nothing left. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 7, 2022, 11:58pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/14 "2022-03-07T23:58:43Z")
It’s not international law in issue here. It is national law, and laws of the European Union. Governments can pass laws. That’s what they do. ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [March 8, 2022, 12:09am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/15 "2022-03-08T00:09:28Z")
> [@Northern\_Piper](#): > > It’s not international law in issue here. It is national law Correct. For example, you can find the various pieces of legislation and Executive Orders relating to the sanctions put in place due to Russia/Ukraine relations here (going back to 2014): [https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions](https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions) The most recent EO is here (pdf): > **[Home](https://ofac.treasury.gov/)** > > Office of Foreign Assets Control ETA: So, in general, if France (for example) seizes some assets of Roman Abromovich, his legal recourse would be to the courts in France (unless it was under EU law, then I suppose it would go to EU courts). ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 8, 2022, 2:40am UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/16 "2022-03-08T02:40:24Z")
> [@Jas09](#): > > Correct. For example, you can find the various pieces of legislation and Executive Orders relating to the sanctions put in place due to Russia/Ukraine relations here (going back to 2014): Yes, I quoted the most current EU legislation from the Council in post 3 of this thread. ---
**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\ **Post date:** [March 9, 2022, 1:43pm UTC](https://boards.straightdope.com/t/legal-basis-for-seizing-freezing-russian-oligarchs-assets/960541/17 "2022-03-09T13:43:11Z")
> [@Jas09](#): > > (unless it was under EU law, then I suppose it would go to EU courts). AIUI, EU law and courts aren’t a separate jurisdiction (unlike the US state/federal distinction). Once the member states and the Parliament agree a law, it then goes into the member states’ national laws, and their courts apply it. The only time an EU-level court gets involved is when there’s some dispute as to whether a member state isn’t applying the law properly