Russian Assets: Seizure

Iain Duncan Smith Excerpts

Tuesday 14th March 2023 Commons Chamber

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I beg to move,

That this House calls on the Government to lay before Parliament proposals for the seizure of Russian state assets with the purpose of using such assets to provide support for Ukraine, including the rectifying and rebuilding of war damage brought about by the Russian invasion of that country, and to facilitate the prosecution of war crimes and atrocities; and further calls on the Government to provide progress reports on this policy to the House every six months.

[Bob Blackman (Harrow East) (Con)]

rose—

[Sir Iain Duncan Smith]

Before my hon. Friend disappears from the Chamber, may I say that this is a very timely debate? So much of it is connected to the last debate, which I congratulate him on securing, because it feeds into this one: it is all about what has happened to people.

Just before Christmas, I was privileged to visit Ukraine along with the hon. Member for Bradford South (Judith Cummins). It was an eye-opening trip and it was hugely relevant to today’s debate. It shed for me a more personal light on the desperate nature of what was happening to the Ukrainian people, which I was able to witness for myself. We were fortunate enough to go there under the auspices of Siobhan’s Trust, a charity based in Scotland and founded by a man called David Fox-Pitt. That allowed us to be close to the frontline, where the charity does its work. It feeds some 4,000 people a day on hot pizza, which they would never get normally and which bucks up their lives. However, most of them live in shelters and in terrible conditions.

All around we saw the devastation inflicted on the villages. Many mines had been scattered, leaving us unable to get off the paths, and in the villages lay dead bodies which, even by then, had not been collected because of the mines. These were people who had brought no harm to anyone—and, by the way, many of them were Russian speakers, which goes to show exactly how ghastly President Putin and his Administration really are. They have caused all these difficulties through the murderous nature of this terrible war brought on the heads of ordinary, normal Ukrainians; that is the state we are in.

Seeing all that devastation made me all the more certain that we must press on and do more to bring these criminals to justice, and make full reparation for the damage and destruction and loss of life that they have caused. I congratulate my own Government and, indeed, the whole House on coming together to do huge things in Ukraine with their support through arms and weapons and training, and I congratulate ordinary individuals outside the House on their generous contributions of money. The fact that we are united demonstrates a very strong sense of purpose to the rest of the world. However, there is more that we must do; we cannot sit back and say that we have done our bit. This is a progressive war and we will be tugged along with it, so it is time that we thought of getting ahead of some of these problems.

I believe that we are being visited today by three Ukrainian MPs: Mr Dmytro Natalukha, whom I met in Kyiv, Ms Maria Mezentseva, and Ms Olena Khomenko. I think they are somewhere in the Public Gallery, although I have not managed to see them yet.

[Dame Margaret Hodge (Barking) (Lab)]

I join the right hon. Gentleman in welcoming the Ukrainian MPs who are with us today. A letter has been sent by 45 Ukrainian MPs to our Prime Minister urging him to do precisely what we want, which is not to freeze assets but to seize them. Given that support from the Ukrainian Parliament, does he not agree that there is now an urgent need for the Government to be bold and to act?

[Sir Iain Duncan Smith]

I do agree with the right hon. Lady. We have a lot of Russian assets that are currently frozen, while Ukraine is screaming out for money and support to help all those devastated areas. We can bring the two together, and that is what today’s debate is all about.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I am sure the right hon. Member is also aware of allegations that a number of the people sanctioned have moved their money around into trusts to give to their children in order to avoid having their assets taken. Does he agree that the Economic Crime and Corporate Transparency Bill should be strengthened to require sanctioned individuals to disclose assets that were owned six months prior to their designation? That would prevent oligarchs such as Roman Abramovich from moving assets around and evading the sanctions.

[Sir Iain Duncan Smith]

I entirely agree. I was going to raise that point at the end of my speech, but never mind: this is a shared debate.

I fully back that proposal, which is one of the recommendations that we have to make so that the Government can jump ahead of this. Too often we have been slow and, in the six months that have elapsed, in some of those cases, people have shifted their money around into all sorts of areas. One particular individual—I was going to name him, but I will not do so now—has managed to buy flats through a Cyprus company. His name is not registered, but they own it and the money is lodged there. This sort of stuff is going on and we need to shut it down.

[Vicky Ford (Chelmsford) (Con)]

I thank my right hon. Friend for raising such an important issue. Of course, the largest amount of Russian frozen assets are those of the Central Bank of the Russian Federation. Yesterday, the Chair of the Foreign Affairs Committee, my hon. Friend the Member for Rutland and Melton (Alicia Kearns), said that, if we do not have the right law in place to use those frozen Central Bank assets to pay for Ukraine’s reconstruction, we should change the law and test it in the courts. I agree with her; does my right hon. Friend?

[Sir Iain Duncan Smith]

My right hon. Friend is jumping ahead of me, so I will allow that point to stand for a minute.

I pay tribute to the hon. Member for Rhondda (Sir Chris Bryant), whose ten-minute rule Bill was on exactly this subject. There was a lot of logic and sense in that Bill, and we should use it as a baseline for quite a lot of the stuff that needs to happen. As he pointed out when he made his speech on the Bill, in the last year, the United Nations High Commissioner for Human Rights recorded 18,358 civilian casualties. He went on to say that 7,031 people had been killed, that 11,327 had been injured, including 177 girls and 221 young boys, that some 12 million people had left Ukraine and 7 million had been displaced internally. When I was there, I saw many people who had had to move to Lviv internally because their homes were no longer habitable, and they were living in terrible conditions.

[Vicky Ford]

Will my right hon. Friend give way?

[Sir Iain Duncan Smith]

I want to make a bit of progress, just in case my right hon. Friend is about to tell me what I have got here in my speech. Forgive me if I just get ahead of it, because everyone else will probably do the same.

Let us have look at the costs of the war, which are really what this is all about. Ukraine’s death toll is 60,000 and it is rising every day. The cost of reconstruction is now estimated to be between $750 billion and $1 trillion and rising, and these might be conservative estimates because the damage is still not fully accounted for. Since the beginning of the invasion, the UK has provided £2.3 billion in military assistance and another £220 million in humanitarian aid. The UK has frozen billions of pounds in Russian assets under sanctions following the invasion of Ukraine. The Office of Financial Sanctions Implementation has reported that £18 billion of assets owned by individuals and entities associated with the regime have been frozen since the beginning of the war, but some estimates suggest that more than £40 billion could yet be frozen and this is the point we want to get to.

[Anna McMorrin (Cardiff North) (Lab)]

I, too, have just got back from Ukraine. I was there a couple of weeks ago and saw the immense devastation across the country, specifically in those areas that were Russian held. Importantly, this Government looked at plans to repurpose assets last July but they still have not done it. Does the right hon. Gentleman agree that it is now imperative for the Government to look at repurposing those state assets in order to start rebuilding and restructuring the country and offering that important aid?

[Sir Iain Duncan Smith]

I absolutely agree with the hon. Lady.

I want to talk about what Russian state assets are frozen and what could be frozen. It is important to note that, in Congress right now, they are already discussing this—I spoke to someone there just 24 hours ago—and in Canada, they are seriously talking about it. European Parliaments are also discussing the matter. This is a moment for us to give a lead on this and help to shape the nature of it, as we have a conference coming up shortly and I wonder whether that might be the place to lead on this matter.

According to the Bank of Russia’s own 2021 annual report, £26 billion of Russian state reserves are in the United Kingdom and, on a wider level, western Governments have now frozen some $350 billion of Russian central bank reserves in response to the invasion. There is yet more that they could do. The combined value of frozen UK properties belonging to Russian oligarchs is at least £2 billion. Funds frozen under the UK sanctions regime are passive, and that is the problem. Those funds would enable us to finance the rebuilding of Ukraine and to show Russian dirty money the door. This is the key: we send the message and we help with reparations. Several countries, including Canada, as I said earlier, and the EU are already on to this process and I urge our Government to help to give a lead on this.

[Dame Margaret Hodge]

May I draw the right hon. Gentleman’s attention to the fact that the Canadians have gone even further? My understanding is that they have already started taking action by pursuing the forfeiture of US$26 million from Roman Abramovich’s holding in Granite Capital Holdings Ltd. If Canada can do it, surely we can, too.

[Sir Iain Duncan Smith]

I agree with the right hon. Lady. If countries do this individually, it will allow terrible regimes to dodge their money around from one financial centre to another, as some will not have done it. This has to be done in one go by all the developed world’s major centres, otherwise it will end up with disputes and problems. I applaud Canada for starting, but we need the City of London, New York, Zurich and all the other major centres to be serious about making sure this cannot happen and these assets will always be seized.

I can tell the Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan), that we understand the underlying problem, but my point is that the issues are not insuperable.

[Vicky Ford]

My right hon. Friend is making an excellent point, but I draw his attention to another source of funds. There are increasing stories that the Wagner Group may be using gold stolen from Sudan’s gold mines to fund part of its atrocious activities in Ukraine. The Wagner Group is obviously guilty of atrocities not only in Sudan but elsewhere in the Sahel and Africa. There are stories today that the Italian Defence Minister is directly linking the Wagner Group to the increase of small boat migrants in Europe. Does my right hon. Friend agree that, as well as taking action on Russian assets, we should urgently proscribe the Wagner Group as a terrorist organisation?

[Sir Iain Duncan Smith]

Yes, of course. It is a disgusting organisation led by a disgusting individual carrying out disgusting atrocities in Russia. It is also using slave labour in some of these mines. Of course the Wagner Group must be proscribed, as should the Islamic Revolutionary Guard Corps and other such organisations. We should be at the forefront of this, not lagging behind.

The Government’s general belief is that seizing these central bank reserves would violate Russia’s sovereign immunity and would therefore be a breach of international law. If we think about it, Putin has redefined international crime and is now hiding behind international law. It is time for us to come together to make the modifications. That is the key.

[Bob Seely (Isle of Wight) (Con)]

I thank my right hon. Friend for securing this important debate. Does he agree that there may be something to learn from the Iraq war? Iraqi assets under Saddam Hussein’s rule were used— there was a formal legal process under which people could apply for those assets to rebuild infrastructure that had been damaged in Kuwait and elsewhere. I wonder whether the Government, when they answer the debate today, would say whether they are considering a similar process—a formal legal process under which Russian assets could be used to finance construction work in Ukraine.

[Sir Iain Duncan Smith]

I would happily welcome that. It is a very good idea.

Ultimately, the war Putin initiated on Ukraine must now be punished in a variety of ways. It is unwarranted aggression against another country, and it therefore changes how international law should be applied. We should readjust and redefine international law to the new reality that Putin’s invasion has brought about. The old order is now broken, and we need to redefine it to make sure that the lesson for any other oligarch, future leader or demagogue is that they can never again hide behind these rules.

Although international law is always evolving, we need to recognise the exceptional nature of Russia’s aggression and conduct in Ukraine, as that is critical to what we do next. Russia’s aggression and invasion are breaches of the most fundamental principles of international law and order. Russia is aware of this breach but has not stopped its conduct, and it continues to threaten international security and peace. That unprecedented conduct creates a need for all Governments in the west to amend their laws together to deter other states. These amendments should use specific and limited criteria to preserve sovereign immunity in all cases. It is possible to do both without hiding behind the idea that sovereign immunity is an absolute that cannot be breached. Putin has breached it, and in future that should be the rule.

The Economic Crime and Corporate Transparency Bill could and should be strengthened to enable the seizure of undisclosed assets—that is the key. We already have a vehicle. It is wholly possible to make that difference, and to make it quite quickly. I say to my right hon. Friend the Minister that I hope she will give that serious consideration, as it is really important.

As we know, sanctions evasion is already an offence. Embedding a new “disclosure or lose it” principle would go a long way to ensuring that sanctioned oligarchs are no longer able to conceal their dirty money here with impunity. That would help us to clean up what became a bad reputation for the City of London, whereby much of that ill-gotten money was hiding here, in one of the leading nations of the free world, and we did little or nothing to stop that.

[Sir Chris Bryant (Rhondda) (Lab)]

I get a bit frustrated when I keep hearing the Government talking about how many people we are sanctioning. There is no point in sanctioning people unless we enforce those sanctions. I find it difficult to comprehend that so far we have fined only two firms in this country. I am sure that there are many more sanctions busters in the UK than have thus far been revealed. It is important that that is not allowed to proceed with impunity, is it not?

[Sir Iain Duncan Smith]

Of course, I completely agree with the hon. Gentleman on that. Interestingly, if we manage to criminalise the failure to disclose sanctioned assets, we are halfway there on his point, because they cannot then escape. If we prove that sanctions evasion is taking place, this can be the basis for asset recovery in due course; we would then have a reason why we should be doing this, not just because of the criminal purpose, but for the fact that we would actually be able to gain funds.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

The right hon. Gentleman is making an excellent speech. Is he as worried as I am about this new trick that the Treasury is performing called “general licences”? There are now whole categories of spending where the Treasury is basically issuing carte blanche to oligarchs to spend what they like and, worse, it is refusing to reveal that framework to us here in this House.

[Sir Iain Duncan Smith]

I agree with the right hon. Gentleman; this is beginning to sound like one of those “golden visas”. It was golden in description, but dirty and leaden in reality, and I think this is where we are again. We are going to find us all in agreement—

[Bob Seely]

Is the problem we have not shown, for example, in Abramovich’s allegedly shifting about £7 billion of assets out of the country the day before? What he did was perfectly legal, because I believe this was shifted to the United Arab Emirates or somewhere else in the middle east and his lawyers knew about it. In the United States, there is now talk about going after the law firms and the accountancy firms that help the oligarchs and that have helped these individuals to move their money around just before they have been sanctioned or to find ways around sanctions. Does my right hon. Friend agree that one way here is to go after these middlemen and women? We have not done that, but the problem is that what these people are doing is not necessarily illegal —they are shifting the money before it can be sanctioned, and money is a movable asset, unlike a house in Belgrave Square.

[Sir Iain Duncan Smith]

I agree. These individuals, Abramovich and others, may want this to be done, but somebody has to do it for them, and my hon. Friend is absolutely right to follow the chain down, because we have to capture all the individuals down the chain, not just the one at the top. That is the key, because without those, this does not happen. He rightly says that, to avoid the sanctions, three weeks before the war began Abramovich was busy restructuring radically his assets. I believe that my hon. Friend is right to say that between £4 billion and £7 billion was squirreled away as a result, and we were not able to do anything about it. But we should have been ahead of the game on that one.

[Dame Margaret Hodge]

The right hon. Gentleman is making an excellent contribution. I want to say one thing: I do not think the Government are using their current powers as effectively as they could on this issue. Under section 11 of the Sanctions and Anti-Money Laundering Act 2018, the powers can be used against somebody “associated with” the person sanctioned. If that is the case and I have read the legislation right, does he agree that the Government could have stopped Abramovich giving all this to his young children and could have sanctioned them because they were associated with Abramovich himself?

--- Later in debate ---

[Sir Iain Duncan Smith]

I am beginning to feel that I am making a collective speech, because the right hon. Lady’s point is down here in my notes. It is better made by her than me, but I fully agree with her as a result.

We could have got ahead of this—that is the point, as the example of Abramovich shows. Many others have drifted off, so the right hon. Lady is absolutely right: we needed to be quicker and more determined. Now, we have to sustain our determination to flush all this out while we have the opportunity. I always sense a little resistance. When we call it out, the Government say, “Ooh, we don’t know. We’ve got lots on our plate and we are doing lots of things,” but this is the time to act.

[Siobhain McDonagh]

The right hon. Gentleman was kind enough to participate in my Adjournment debate in Westminster Hall the other day. This is not just about oligarchs; it is about companies that are sanctions busting. I am aware of a Belarusian company that imports goods through Russia in order to undermine and take customers from a business in my constituency. Does he agree that, whether it is an oligarch or a business, the Office of Financial Sanctions Implementation and the Foreign Office should be adaptable and able to react to rogue actors, who will do everything possible to avoid the sanctions regime?

[Sir Iain Duncan Smith]

I must say, the hon. Lady’s debate was fascinating. She demonstrated that by our failure to follow this course, a UK company is essentially sanctioned because it is unable to get payment. The measures bounce back at us and honest, decent companies find themselves trapped by the failure to square the circle of the process and get everyone all along the chain. It was a brilliant debate, and I congratulate her on raising the subject on behalf of her constituents.

The Government should introduce new legislation to allow the seizure of already-frozen assets that are linked to criminality. The Russian Government have a huge amount of money of course, but many oligarchs are guilty of benefiting financially from war crimes and atrocities in Ukraine, so we should activate new legislation. Under such a mechanism, an enforcement authority such as the National Crime Agency could bring proceedings in a UK court to have property belonging to a sanctioned person involved in a gross violation of international human rights law or international humanitarian law confiscated without compensation, so that the frozen property can be used to fund reparations. That is the key.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

That is a really important point. As co-chair of the all-party parliamentary group on Ukraine, I know that Ukrainian parliamentarians, including those from the Rada who are in the Gallery, are desperate to repair and reconstruct their country. The air raid early warning system in Ukraine is broken—only 12% of the country is covered. They need reparations to be able to wage war and to reconstruct their country.

[Sir Iain Duncan Smith]

The hon. Gentleman is right, and I obviously completely agree.

If we did this, we could have tougher sanctions. A recent example involved Eugene Tenenbaum, a close associate of Roman Abramovich—I am told that “Abram-oh-vich” is the correct pronunciation—and former Chelsea football club director, who was given permission by the Treasury to sell his Surrey mansion for £16 million a month after the Government designated him for UK sanctions and froze all his assets. How did that happen? Why did that happen? Who is not talking to someone else to tell them what they are doing? We are letting stuff slip through because we are not being serious about implementing measures properly.

I could give plenty of other examples. Yevgeny Prigozhin, the boss of the Wagner Group, is deeply involved in another current row about aircraft leased by western companies to Russia that were seized after sanctions were imposed. The Russians are refusing to pay reparations or hand the aircraft back. Huge amounts of money are available to these people. I have a list, but will not go through all the names, because I realise that many others want to speak.

Putin’s brutal invasion has now entered its second year. The Government must amplify their efforts. They have done a great deal, and I congratulate them on much of it, but much more is needed. The Government need to get right down into this issue and make sure that we have a plan for reparation and rebuilding of Ukraine. Let us start with the dirty money—that is the key. We may yet have to give more money, and so may America, but let us start where the bill lands first: with those who are responsible for this brutal invasion of Ukraine. The Ukrainians are a peaceful and decent people whose lives have been turned upside down. Families have been destroyed or have had to flee, and many young men and women are now having to go to the frontline for the first time as soldiers and put their lives on the line, standing for the freedom of their country. We must seize those assets wherever appropriate and ensure that Russia is held to account. As I said earlier, there is much to say “Well done” to the Government for, but there is also much more that needs to be done.

I will leave hon. Members with this simple thought: as we come together across the House, let us also try to work out how we can bring all the other western Governments together in this action. To do it by ourselves will, I recognise, be a slight problem, but if we could get the US Congress, the Canadian Parliament and the European Union to engage on this, then we would have something that would frighten the Russians completely and give us the tools to finish this particular job.

[Mr Deputy Speaker (Sir Roger Gale)]

As hon. Members have recognised, we are honoured to have been joined by colleagues from the Ukrainian Rada who are in the Gallery this afternoon. We welcome you; we salute you and the courage of your country in your fight for democracy.

I must just gently say to hon. Members that the winding-up speeches will start at 6.30 pm.

--- Later in debate ---

[Sir Iain Duncan Smith]

I am grateful to all who took part in the debate. What we have shown here, including to all our Ukrainian friends, is the unity across the House on this issue, and that we will remain united until the invasion is over and Ukraine has received the money it needs.

A summary of what Members have said today, for my right hon. Friend the Minister, is this: we have to do more. We have to do more to implement existing sanctions, and then we have to do more to start the process of enabling ourselves to seize those assets—first Government assets, then private assets—and work in concert with our friends.

I end with a simple message to our friends in Ukraine and those who are here today—it is a huge privilege for us to have them here. We will stay with them until this is over. It will be over when the reparations have been paid, when Ukraine is rebuilt and restructured, and when the Ukrainians have their freedom again. Slava Ukraini, heroyam slava!

Question put and agreed to.

Resolved,

That this House calls on the Government to lay before Parliament proposals for the seizure of Russian state assets with the purpose of using such assets to provide support for Ukraine, including the rectifying and rebuilding of war damage brought about by the Russian invasion of that country, and to facilitate the prosecution of war crimes and atrocities; and further calls on the Government to provide progress reports on this policy to the House every six months.