Nathan Evans78 said:State assets, such as central bank reserves, present a whole host of complicated headaches because they fall under this concept of "sovereign immunity." Essentially, it’s the legal principle that one nation isn't going to just swoop in and seize another nation's property.
In an overview of current legislation published last June in the Capital Markets Law Journal, Paul B. Stephen noted that "under customary international law, sovereign immunity generally protects state assets from seizure."
Well, damn...
It’s not quite as black and white as the headlines make it out to be. There are some pretty wild legal loopholes that could potentially allow them to seize that cash—though personally, I doubt they'll pull the trigger on it, mostly because messing with those assets would start raising some serious questions about how safe capital actually is in the West.
For instance, over in the US, foreign sovereign immunity laws actually leave the door open to seizing assets from entities that have violated international law (like crossing Ukraine's borders). Plus, there's the anti-terrorism legislation that allows for asset seizure if a country gets flagged as a state sponsor of terrorism.
In Europe, though, it all really depends on which specific country holds the assets and whether those local courts lean toward absolute or restrictive immunity when dealing with foreign states.