Full text "Mineral agreements" between Ukraine and the USA

On Wednesday, February 26, the Prime Minister of Ukraine Denis Schmigal officially announced the completion of negotiations on the “agreement on fossils.” This week, Ukraine and the United States should be signed by an intergovernmental agreement.

The final text of the so -called “agreement on fossils” – an intergovernmental agreement, which Ukraine and the USA should sign this week – publishes the European Pravda publication.

There is an agreement with the United States to realize the key condition of Ukraine – to mention in the agreement on security guarantees. The document was formulated in the form not requiring ratification in BP. Now ahead is even more important negotiations.

The main legal obligation of Ukraine is to start negotiations with the United States on a more detailed agreementwhich will regulate the activities of the so -called “Investment Fund for Restoration” – a bilateral structure that Ukraine and the USA must create.

In the last days, the negotiation team of Ukraine has been able to completely change the tonality of the document compared to numerous previous US offers. The document in the current edition will not only allow Trump to talk about his ability to achieve quick agreements, but also really will help international stability. And, importantly, he It is also beneficial to Ukraine.

Analysts prepare a detailed analysis of the document, and the European Pravda publication publishes its full text. According to sources, point changes are potentially possible, but the main provisions have already been agreed.

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A double -sided agreement on the establishment of the rules and conditions of the investment fund of recovery.

Given that the United States of America has provided significant financial and material support to Ukraine since the full -scale invasion of Russia in Ukraine in February 2022;

Given that the American people want to invest with Ukraine in a free, sovereign and safe Ukraine;

Given that the United States of America and Ukraine strive for a long world in Ukraine and a long partnership between their two peoples and governments;

Considering that the United States of America and Ukraine recognize the contribution that Ukraine has made to strengthen the international world and security, voluntarily abandoning the third largest nuclear weapon arsenal in the world;

Given that the United States of America and Ukraine want to ensure that those states and other persons acting hostile against Ukraine in the conflict do not receive benefits from the restoration of Ukraine after the arrival of a long world;

The Government of the United States of America and the Government of Ukraine (each of which, “participant”) conclude this bilateral agreement on the establishment of the rules and conditions of the investment fund of restoration in order to deepen partnerships between the United States of America and Ukraineas set out in this document.

1. The governments of Ukraine and the United States of America in order to achieve a long world in Ukraine intend to create Investment Fund for Restoration (Fund), creating a partnership in the fund through common property, which will be determined The Fund Agreement. Joint property will take into account the actual contributions of the participants, as defined in sections 3 and 4. The fund management will be carried out jointly by representatives of the Government of Ukraine and the Government of the United States of America. More detailed conditions of management and activities of the Fund will be set out in the future agreement (an agreement on the fund), which will be agreed in the negotiations immediately after the conclusion of this bilateral agreement. The maximum percentage of owning its own capital and financial interests of the Fund, owned by the United States Government, as well as the powers of representatives of the Government of the United States of America, will be within the limits allowed by the current legislation of the United States. None of the participants will sell, transfer or otherwise directly or indirectly alienate any part of their share in the fund without the prior written consent of the other participant.

2. The fund will collect and reinvesting the income made to the fund, minus expenses incurred by the fund, will earn income from the future monetization of all relevant natural resource assets available in Ukraine (regardless of whether they are in direct or direct indirect state property of Ukraine), as defined in the section.

3. The Government of Ukraine will introduce 50% of all revenues received from the future monetization of all relevant natural resource assets in Ukraine in the state property of Ukraine (regardless of whether they are in direct or indirect state property of Ukraine), defined as useful deposits fossils, hydrocarbons, oil and natural materials. Assets (such as liquefied natural gas terminals and port infrastructure) with the consent of both participants, as can be additionally described in the agreement on the fund. To avoid doubts, such future sources of revenues do not include the current sources of receipts that are already part of the general revenues of the budget of Ukraine. The time frame, volume and stability of contributions will be determined in the agreement on the fund.

At its discretion, the fund can be credited or returned to the Government of Ukraine of actual expenses incurred according to the newly created projects from which the Fund receives income.

The contributions made to the fund will be reinvested at least once a year in Ukraine with the aim of promoting security, protecting and prospering Ukraine, which will be additionally determined in the agreement on the fund. The Fund Agreement will also have a position regarding future dividends.
4. According to the current legislation of the United States of America, the United States Government will support long -term financial obligations to develop stable and economically successful Ukraine. Subsequent contributions can consist of funds, financial instruments and other material and intangible assets that are critical for the restoration of Ukraine.

5. The investment process of the fund will be developed in such a way as to invest in projects in Ukraine and attract investments to increase the development, processing and monetization of all state and private assets, including the following, and not only this: deposits of minerals, hydrocarbons, oil, natural gas and other mining materials, infrastructure, ports and state enterprises. The Government of the United States of America and the Ukrainian government intend to ensure that the investment process leads to the creation of opportunities for the distribution of additional funds and greater reinvestment to ensure sufficient receipt of capital to restore Ukraine, as will be determined in the agreement on the fund.

Participants reserve the right to take the necessary actions to protect and maximize the value of their economic interests in the fund.

6. The fund agreement will include appropriate statements and guarantees, including necessary to ensure that any obligations that the Ukrainian government may have to the third parties, or such obligations that it can take on in the future, did not lead to sale , movement, transfer, pledge or other encumbrances of contributions to the Government of Ukraine to the Fund.

When developing an agreement on the fund, participants will strive to avoid conflicts with the obligations of Ukraine as part of its entry into the European Union or its obligations by agreements with international financial organizations and other official creditors.

7. The agreement on the fund will provide, among other things, the recognition that both the agreement on the fund and the activities provided for in it are commercial.

The agreement on the fund is subject to ratification by the Parliament of Ukraine in accordance with the Law of Ukraine “On International Treaty of Ukraine”.

8. The agreement on the fund will pay special attention to control mechanisms that make it impossible to weaken, violation or bypassing of sanctions and other restrictive measures.

9. The text of the Fund was immediately developed by working groups under the chairmanship of authorized representatives of the Government of Ukraine and the Government of the United States of America. Contact persons responsible for the preparation of an agreement on the fund on the basis of this bilateral agreement are: from the Government of the United States of America: the Ministry of Finance; From the Government of Ukraine: the Ministry of Finance and the Ministry of Economics.

10. This bilateral agreement and the fund agreement will draw up integral elements of the architecture of bilateral and multilateral agreements, as well as specific steps to establish a long world, strengthen the economic and secure stability and reflect the goals determined in the preamble of this bilateral agreement.

The Government of the United States of America supports Ukraine’s efforts to receive security guarantees necessary to create a long world. Participants will try to determine any necessary steps to protect mutual investments, as defined in the agreement on the fund.

11. This bilateral agreement is mandatory for implementation and will be carried out by each participant in accordance with their internal procedures. The US government and the Ukrainian government undertake to immediately begin negotiations under an agreement on the fund.

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