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The problems—legal and political—with using the doctrine of countermeasures to confiscate Russian central bank assets have been understated by everyone.
In this post, we provide a road map to the core legal issues that U.S. policymakers need to consider as they weigh whether and how to move forward with seizing any frozen Russia-related assets.
A response to Paul Stephan and some thoughts about the ongoing debate.
The United States and its allies can achieve the immediate goal of giving Ukraine the support it needs without exploding the longstanding and important distinction between seizure and confiscation of a foreign state’s property.
This approach is about how to compensate, and save, Ukraine.
What the executive branch should not do is pretend that Russia’s money can be used to provide material support to Ukraine in the face of existing legal barriers.