8 Words Missing, 11 Words Included In U.S.-Ukraine Security Agreement. Not “Ironclad” And Not Binding On Biden, Trump, Or Whomever In The White House In 2029. Where’s The Money Remains In Question
The U.S.-Ukraine Bilateral Security Agreement Is Important.
But, It Will Not End The Russian Federation-Ukraine War.
Significant Words Included And Significant Words Missing From U.S.-Ukraine Bilateral Security Agreement.
Important To Note Agreement May Be Terminated With Six Months Notice- And Nothing In The Ten Year Term Is Binding On Biden, Trump, And Whomever Occupies The White House On 20 January 2029.
Critical Unknown Remains Obtaining Funding From The United States Congress.
To Critics, Agreement Suggests More About Ukraine Wanting To Prolong War With Russia Rather Than Commence Negotiations To See Precisely What The Government Of The Russian Federation May Be Willing To Do. Critics Ask If There Truly Is A Downside To A Zelensky-Putin Or Lavrov-Kuleba Face-To-Face Meeting?
Some of the words and phrases contained within the Bilateral Security Agreement Between the United States of America and Ukraine signed on 13 June 2024 by Joseph Biden, 46th President of the United States (2021- ) and Volodymyr Zelensky, President of Ukraine (2019- ), reinforce why mistaken for the government of Ukraine and other governments to believe this document, or any of the nearing thirty other similar documents signed by the government of Ukraine with other countries, will result in the armed forces of the Russian Federation departing the internationally-recognized territories of Ukraine, occupied since 2014:
On 24 February 2022, the armed forces of the Russian Federation invaded and further invaded the territory of Ukraine in what Vladimir Putin, President of the Russian Federation (2000-2008 and 2012- ), defined as a Special Military Operation [SMO] then on 22 December 2022 he redefined as a war. The initial invasion of Ukraine by the armed forces of the Russian Federation was in part from the territory of Belarus.
The war between the Russian Federation and Ukraine did not commence on 24 February 2022. The roots began their trajectories on 20 February 2014 when the armed forces of the Russian Federation invaded the Crimean Peninsula and the area known as the Donbas Region (Donetsk Oblast and Luhansk Oblast).
Which words are in the Bilateral Security Agreement Between the United States of America and Ukraine?
Support- 67
Cooperation- 36
Implement- 18
Commits- 17
Commitment- 12
Recognize- 11
Obligation- 4
Implementation- 4
Recognized- 3
Opportunities- 3
Will- 3
Which words are not in the Bilateral Security Agreement Between the United States of America and Ukraine?
Binding- 0
Guarantee- 0
Ironclad- 0
Must- 0
Promise- 0
Require- 0
Solid- 0
Treaty- 0
The White House
Washington DC
13 June 2024
Bilateral Security Agreement Between the United States of America and Ukraine (Preamble)
The United States of America and Ukraine (hereinafter, the “Parties”):
Underscoring their shared commitment to a Europe that is whole, free, and at peace;
Affirming that the security of Ukraine is integral to the security of the Euro-Atlantic region;
Recognizing the need to preserve and promote Ukraine’s sovereignty, democracy, and capacity to deter and respond to current and future external threats;
Affirming their desire to expand their defense and security cooperation and their trade and investment ties, and to deepen the overall friendly relations between them;
Building on the existing security partnership with Ukraine facilitated under the Strategic Defense Framework between the United States Department of Defense and the Ministry of Defense of Ukraine, signed August 31, 2021, and the U.S.-Ukraine Charter on Strategic Partnership, signed November 10, 2021;
Recalling longstanding security cooperation between the Parties and the United States’ provision of military and security assistance, supporting Ukraine with the arms, equipment, and training necessary to defend itself against Russia’s aggression;
Welcoming Ukraine’s efforts to attain a just and sustainable peace and emphasizing the Parties’ commitment to seeking a just end to the war, founded on the principles of the United Nations (UN) Charter and a respect for the sovereignty, independence, and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters, and recognizing Ukraine’s inherent right of self-defense as enshrined in Article 51 of the UN Charter;
Reaffirming that Ukraine’s future is in the North Atlantic Treaty Organization (NATO); reiterating their support for the declaration of Allies at the 2023 Vilnius Summit that Allies will be in a position to extend an invitation to Ukraine to join the Alliance when Allies agree and conditions are met emphasizing the importance of its deepening integration into the Euro-Atlantic community; and underlining the centrality of reform to support and strengthen Ukraine’s defense, prosperity, recovery, rule of law, and democracy;
Emphasizing the importance of holding Russia to account for its aggression against Ukraine, including by supporting Ukraine in seeking compensation for the damage, loss, and injury resulting from Russia’s aggression, such as support envisaged by the Statute of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine and holding accountable those responsible for war crimes and other international crimes committed in or against Ukraine, consistent with international law;
Highlighting the United States’ ongoing efforts to use sanctions and export controls to increase the costs to Russia for its aggression against Ukraine and to work with its partners to explore all possible avenues by which immobilized Russian sovereign assets could be made use of to support Ukraine, consistent with domestic and international law; and
Upholding the shared commitments made under the Joint Declaration of Support for Ukraine on July 12, 2023 (hereinafter “Joint Declaration of 2023”);
Have agreed to the following:
Article I: Principles of Cooperation
This Agreement is based on the following principles and beliefs shared by the Parties:
Cooperation between the Parties is based on the principle of full respect for the independence and sovereignty of each of the Parties, and full respect for obligations of the Parties under international law and for the purposes and principles of the UN Charter.
Cooperation between the Parties is enhanced by their shared commitment to democracy, the rule of law, human rights, transparency, and accountability.
Cooperation between the Parties is intended to bolster Euro-Atlantic security, stability, and prosperity by enhancing deterrence and defense integration and interoperability.
Article II: Defense and Security Cooperation
The Parties’ cooperation in the areas of defense and security is based on their shared commitment to stability and peace in Europe.
It is the policy of the Parties to work together to help deter and confront any future aggression against the territorial integrity of either Party. The security-related commitments in this Agreement are intended to support Ukraine’s efforts to win today’s war and deter future Russian military aggression. It is the policy of the United States to assist Ukraine in maintaining a credible defense and deterrence capability.
Any future aggression or threat of aggression against the sovereignty, independence, and territorial integrity of either Party would be a matter of grave concern to the other Party.
In the event of future armed attack or threat of armed attack against Ukraine, the Parties shall, at the request of either Party and in accordance with their respective laws, immediately meet, where possible within 24 hours, at the most senior levels to determine appropriate next steps and additional defense needs. The Parties may mutually decide to develop and implement additional appropriate defense and deterrent responses, including in the economic, military, and/or political realms. Such responses may include the imposition of economic and other costs on the aggressor state through steps that may include, among other things, potential sanctions or export controls. The Parties stand ready to share available and appropriate information and intelligence immediately in response to such an event, and to consult with signatory countries of the Joint Declaration of 2023 on additional, joint responses.
In order to further strengthen the security of the Parties and stability in Europe, and to deter threats against them, the Parties agree:
To further implementation of existing security agreements and arrangements, including those concerning research and development, science and technology cooperation, manufacturing of defense products, the protection of classified defense information, and end-use monitoring.
To meet on a regular basis to further mutual awareness of emerging threats, with a view to working towards enhancing the integration of defensive systems and deterrent capacities of the Parties across all domains, and furthering Ukraine’s interoperability with NATO.
To further bolster their defense and security cooperation as a means of building a Ukrainian future force that maintains a credible defense and deterrence capability, which may include:
Training and military education programs;
Provision of defense articles and services;
Combined military maneuvers and exercises;
Increased defense industrial cooperation consistent with applicable agreements and arrangements between the Parties;
Continued joint planning to confront threats to the Parties, including guiding principles, respective rules of engagement, and command and control, as appropriate;
Cooperation to promote cybersecurity and protection of critical infrastructure;
Cooperation to develop Ukraine’s capabilities to counter Russian and any other propaganda and disinformation;
h) Cooperation to promote regional peace and security in the Black Sea;
i) Cooperation to support unexploded ordnance removal and demining; and
j) Other cooperation as may be mutually decided upon by the Parties.
To coordinate on a regular basis – and no less than annually – on military and defense matters, including defense industrial base development. This coordination shall include a particular focus on combined efforts to deter and confront threats of aggression against Ukraine.
The Parties agree to advance the appropriate sharing of intelligence and to promote enhanced cooperation between their intelligence services, with the scope and procedure of cooperation determined by their respective entities responsible for intelligence and security. The United States intends to assist with capacity building for Ukraine’s intelligence institutions, including with respect to counterintelligence capabilities.
Each Party reaffirms its commitments to comply with its obligations under international law, including the law of armed conflict.
It is the policy of the United States to support providing sustainable levels of security assistance for Ukraine in support of the objectives outlined in the Bilateral Security Agreement and associated implementation arrangements. To this end, the United States intends to seek from the United States Congress appropriation of funds to help sustain a Ukrainian credible defense and deterrent capability, in war and peace.
Article III: Cooperation on Economic Recovery and Reform
Recalling the trade and investment agreements and arrangements in place between the Parties, the Parties intend to cooperate to:
Seek opportunities to provide technical assistance and build capacity to support Ukraine’s economic needs stemming from Russia’s war of aggression.
Support recovery efforts to strengthen Ukraine’s economic stability and resilience, including by supporting Ukraine’s energy security and its vision of a modern, cleaner, more decentralized energy system that is integrated with Europe.
Strengthen the resilience and security of Ukraine’s civilian nuclear energy sector, cognizant of their collaboration under the September 21, 2023, Memorandum of Understanding between the Government of Ukraine and the Government of the United States regarding Collaboration on Ukrainian Energy System Resilience.
Identify strategic investment opportunities that mutually benefit the Parties, and encourage the development of projects, including those that can attract private and public investment in Ukraine, that support Ukrainian and American economic development and partnership, such as in the areas of defense production and infrastructure.
Continue support for implementation of Ukraine’s effective reform agenda, including strengthened good governance, anti-corruption, respect for human rights, and rule of law necessary to advance towards its Euro-Atlantic aspirations.
Article IV: Institutional Reforms to Advance Euro-Atlantic Integration
The Parties shall cooperate to advance Ukraine’s democratic, economic, defense, and security institutions in order to advance Ukraine’s Euro-Atlantic integration and modernization according to European Union (EU) and NATO democratic principles and standards, and to prioritize NATO’s shared values and the interoperability of Ukraine’s security and defense forces.
The Parties shall cooperate to advance Ukraine’s implementation of reforms to its democratic, economic, defense, and security institutions in line with its EU accession goals, NATO adapted Annual National Program priorities, and obligations and commitments under agreements and arrangements with the International Monetary Fund.
Accordingly, among other reforms, Ukraine shall undertake efforts towards:
Strengthening Ukrainian justice sector reform to promote the independence and integrity of the judiciary;
Implementing robust anti-corruption measures, including strengthening all independent state anti-corruption institutions such as the Specialized Anti-Corruption Prosecutor and the National Anti-Corruption Bureau of Ukraine;
Implementing reforms in law enforcement, security, tax, and customs institutions to resolve jurisdictional issues, and to improve transparency and accountability and strengthen the rule of law;
Bolstering corporate governance to meet Organization for Economic Cooperation and Development principles in state-owned and defense enterprises to encourage foreign investor confidence and investment;
Adopting NATO standards of transparency, accountability, and competition in the management and oversight of security and procurement policy and practice;
Transforming defense planning and resource management systems to increase transparency, improve efficiency, and increase interoperability with NATO;
Reorganizing command and control structures in accordance with NATO principles to increase interoperability and ensure effective civilian oversight; and
Modernizing defense human resource management and military education systems to align with NATO principles and standards.
The Parties reaffirm their support for Ukraine’s right to choose its own security arrangements. The United States reaffirms that Ukraine’s future is in NATO.
Article V: Just Peace
The Parties recognize that Ukraine will not be secure until its sovereignty and territorial integrity are fully restored through a just peace that respects Ukraine’s rights under international law, including the UN Charter. The Parties therefore shall cooperate to advance a just and lasting peace that has broad global support. The United States welcomes Ukraine’s ongoing efforts, including through Ukraine’s Peace Formula, to engage the international community in establishing the principles of a just and sustainable peace.
Article VI: Annexes and Implementing Arrangements
The Parties may enter into further agreements or arrangements as necessary and appropriate to implement this Agreement.
The Parties intend that cooperation in the specific areas described in Articles II and III, including support for Ukraine’s Armed Forces and other security and defense forces, be implemented in accordance with the provisions of the attached annex and with any separate implementing arrangements entered into by the Parties.
Article VII: Disputes and Implementation
Any divergence in views or disputes regarding the interpretation or application of this Agreement shall be resolved only through consultation between the Parties and shall not be referred to any national or international court, tribunal, or other similar body, or any third party for settlement.
All cooperation and activities under this Agreement shall be carried out in accordance with the respective domestic laws of the Parties and shall be subject to the availability of funds.
The Parties intend for this Agreement to reinforce other agreements and arrangements that exist between the Parties. The Parties shall implement this Agreement in a manner consistent with those other agreements, and taking into account those other arrangements.
Article VIII: Amendment
This Agreement may be amended and supplemented through mutual written agreement of the Parties.
Article IX: Entry Into Force
This Agreement shall enter into force upon signature by both Parties. This Agreement shall remain in force 10 years from entry into force and may be extended by mutual written agreement of the Parties.
Article X: Registration With the United Nations
The Parties intend to register this Agreement with the United Nations in accordance with Article 102 of the UN Charter within 60 days of its entry into force.
Article XI: Termination
Either Party may terminate this Agreement by providing a written notification through diplomatic channels to the other Party of its intent to terminate this Agreement. The termination shall take effect 6 months after the date of such notification.
In this regard, although a Party may terminate this Agreement, any implementing agreement or arrangement entered into between the Parties consistent with the terms of this Agreement shall continue to remain in effect under its own terms, unless otherwise specified in the terms of the specific implementing agreement or arrangement.
The Parties recognize this Agreement as supporting a bridge to Ukraine’s eventual membership in the NATO Alliance.
In the event that Ukraine becomes a member of NATO, the Parties shall meet and confer on the future status of this Agreement.
Done at Puglia, Italy, this 13th day of June, 2024, in two originals in the English language, being an authentic version of the Agreement. A Ukrainian language version of the Agreement shall be prepared, which shall be considered equally authentic upon an exchange of diplomatic notes between the Parties confirming that the Ukrainian version of the Agreement attached to the notes conforms with the signed English version of the Agreement. Thereafter, in the event of divergence or ambiguity between the two language texts, the English version shall prevail.
FOR THE UNITED STATES OF AMERICA: FOR UKRAINE:
_________________________ _________________________
JOSEPH R. BIDEN JR. VOLODYMYR ZELENSKYY
President of the United States of America President of Ukraine
Annex to the Bilateral Security Agreement
Between the United States of America and Ukraine
Pursuant to Article VI of the Bilateral Security Agreement Between the United States of America and Ukraine (Agreement) and in implementation of the provisions of Articles II and III of the Agreement,
The United States of America (United States) and Ukraine (together, Participants or both sides) have reached the following understandings:
Implementation of Article II: Defense and Security Cooperation
The United States reaffirms its unwavering support for Ukraine’s defense of its sovereignty and territorial integrity within its internationally recognized borders. To ensure Ukraine’s security, both sides recognize Ukraine needs a significant military force, robust capabilities, and sustained investments in its defense industrial base that are consistent with North Atlantic Treaty Organization (NATO) standards. The United States intends to provide long-term materiel, training and advising, sustainment, intelligence, security, defense industrial, institutional, and other support to develop Ukrainian security and defense forces that are capable of defending a sovereign, independent, democratic Ukraine and deterring future aggression.
Ukraine deeply appreciates the significant assistance the United States has provided since the beginning of Russia’s full-scale invasion. In addition to United States bilateral support, both sides acknowledge the critical and substantial contributions of the security assistance that other partner nations intend to provide Ukraine and the need for coordination among Ukraine’s partners to synchronize support and appropriately share the responsibility for meeting shared goals. Both sides also recognize the need for Ukraine’s security and defense forces to be sustainable over time, and expect Ukraine to gradually assume responsibility for an increasing share of its defense needs.
To implement this annex, the Participants intend to consult on security and defense forces requirements through channels such as the U.S.-Ukraine Bilateral Defense Consultations process to ensure Ukraine adopts a Western-based military standard, interoperable with NATO. Security assistance requests are expected to be evaluated for sustainability, alignment with a jointly understood future force structure, effectiveness in meeting defense objectives, and complementarity with assistance from other allies and partners.
A. Ukraine’s Future Force Capabilities
The United States commits to support Ukraine in developing a modern, NATO-interoperable force that can credibly deter and, if necessary, defend against future aggression. Ukraine’s future force is expected to rely on both modern and legacy equipment. To support the sustainability of Ukraine’s security and defense forces, both sides intend to standardize equipment across its formations.
The United States intends to support Ukraine’s military strength and the development and transformation of its military capabilities across the full spectrum of combat functions through the supply of weapons, equipment, training, and other assistance, in coordination with partners, including in the following domains:
Air and Missile Defense: Building upon the range of air defense capabilities that the United States has provided to date, including the Patriot system, the United States commits to support Ukraine’s development of a layered, integrated air and missile defense system. Both sides intend to pursue further steps to transition to a modern air defense architecture for Ukraine over time, with associated radars, interceptors, and support equipment across the spectrum of tactical- to strategic-level capabilities.
Fires: The United States commits to support Ukraine’s development of a joint fires capability, to include the acquisition of ground-based systems, munitions, and targeting capabilities to employ indirect and long-range fires, as well as unmanned aerial systems. Both sides intend to pursue the procurement of stockpiles of ammunition for Ukraine’s use, in coordination with allies and partners, while developing Ukraine’s domestic ammunition production capacity.
Ground Maneuver: The United States commits to support Ukraine’s development of movement and maneuver doctrine and capabilities, to include sustainment of legacy armored, mechanized, and motorized capabilities, and to work with allies and partners to support the acquisition of modern platforms to support Ukraine’s maneuver force requirements.
Air: The United States commits to coordinate with Ukraine, and work principally through an allied consortium, on the modernization of Ukraine’s Air Force, including working toward procurement of squadrons of modern fighter aircraft, sustainment, armament, and associated training to support fourth generation fighter capability (including, but not limited to, F-16 multi-role aircraft), as well as other air domain capabilities such as transport and intelligence, surveillance, and reconnaissance platforms (including unmanned).
Maritime: The United States, in coordination with allies and partners, commits to support the improvement of Ukraine’s capacity to defend its territorial waters and promote Black Sea regional security through capabilities that could include coastal defense systems; maritime domain awareness; unmanned systems; and surface vessels, including patrol and riverine craft, naval firepower, maritime mine countermeasures, and other weapons that will help strengthen maritime security in the Black and Azov Seas and help Ukraine exercise sovereignty over its territorial seas and sovereign rights and jurisdiction in its exclusive economic zone.
Cybersecurity and Critical Infrastructure Protection: The United States commits to support Ukraine’s capacity to increase the cybersecurity and protection of its critical infrastructure and government information resources, including by strengthening its cyber defenses against malicious cyber activities by Russia and other hostile state and non-state actors. Both sides commit to work together to improve Ukraine’s ability to detect and remediate intrusions by malicious actors, including through technical assistance from the United States. The United States intends to assist Ukraine to improve the cyber resilience of its critical infrastructure, especially energy facilities, against aerial strikes, and to support the quick restoration of destroyed infrastructure, including by providing material and technical assistance.
Command and Control: The United States commits to support Ukraine’s development of command and control capability through both materiel and non-materiel support. Both sides recognize that incorporating NATO-interoperable communications systems, doctrine, and organization are needed to improve sensing, early warning, and timely resource allocation for Ukraine’s combat operations.
Sustainment: The United States, in coordination with allies and partners, commits to support Ukraine’s capacity to sustain and independently support its forces over the long term, maximizing its operational freedom of action. Such efforts could include support to logistics, personnel services, and health service support, in line with Western force generation models.
The United States and Ukraine intend to collaborate on force development through a range of multi-national capability coalitions, including through air force and artillery coalitions co-led by the United States.
The United States additionally commits to consideration of support for Ukraine’s civilian defense forces, which are critical components of Ukraine’s overall defense. The United States and Ukraine commit to deepening partnerships between national guard and border security services.
In furtherance of Article II of the Agreement, in the event of future armed attack or the threat of armed attack against Ukraine, the United States, at the request of the Government of Ukraine and in consultation with allies and partners, intends to coordinate on the potential need to rapidly increase the scope or scale of United States security assistance to Ukraine, including potentially the provision of additional weapon systems and equipment, and other materiel, as well as the exchange of information with Ukraine.
B. Training and Exercises
The United States intends to pursue a long-term training program for the Ukrainian Armed Forces and other security and defense forces throughout the term of this annex. The United States plans to expand its capacity to provide both individual and collective training, and to coordinate with allies and partners to ensure complementarity of training programs. The United States intends to incorporate Ukrainian trainers and subject matter experts into the program, promote institutionalization of Western training practices and doctrine, and create the conditions for the transition of training efforts to Ukrainian territory and Ukrainian service members.
Training is intended to be supported by an extensive exercise program to build interoperability. The United States plans to invite Ukrainian security and defense forces to join United States exercises and to support Ukrainian participation in multilateral exercises when appropriate.
The United States intends to consider opportunities for training Ukrainian service members in the United States as appropriate.
If and when security conditions allow, both sides plan to consult on possible training and exercise programs in Ukraine.
In line with this training, Ukraine commits to incorporating standard NATO doctrine and combined arms concepts at all echelons of its security and defense forces, and to ensuring the proper employment and sustainment of new capabilities.
The United States supports enabling increased Ukrainian attendance at Department of Defense (DOD) institutions of professional military education, including through the International Military Education and Training program.
C. Defense Industrial Base Development Cooperation
Both sides recognize that the recovery of Ukraine’s economy and industry would support Ukraine’s ability to shoulder more of the material and financial burdens of its defense over time. The United States commits to work with allies and partners to support Ukraine’s economic recovery and bolster Ukraine’s defense industrial base, including through cooperative defense research and development. Ukraine commits to developing and reforming its defense industry to support and sustain the needs of its security and defense forces.
Both sides intend to engage with international partners and their respective defense industries to support increased Ukrainian production over the long term of necessary armaments, ammunition, and equipment, supporting Ukraine’s development of a level of readiness for and deterrence against future aggression. The United States intends to work with Ukraine to enable Ukrainian entities to repair key systems and produce parts to facilitate efficient repair through the provision of raw materials and technical expertise, financing, and licensing for technology transfer. The United States intends to support Ukraine in solving challenges, including in the supply of critical materials and components needed for weapons, military equipment, and munitions manufacturing.
Both sides commit to implementing the Statement of Intent on Co-production and Technical Data Exchange, signed December 6, 2023, at the United States-Ukraine Defense Industrial Base Conference in Washington, D.C., working to increase cooperation between the United States and Ukraine and facilitating the movement of investment deals more quickly through systems.
Ukraine commits to strengthen foreign direct investment controls based on national security considerations.
The Participants intend to seek private industry partnerships in key priority areas of defense production, including but not limited to the manufacturing of air defense systems and supporting munitions, artillery ammunition of multiple calibers, supporting barrels and other components, and manufacturing of unmanned aerial vehicles.
The United States intends to facilitate United States-Ukraine defense industrial cooperation, including codevelopment, coproduction, and supply of Ukraine’s defense industrial base requirements.
Ukraine commits to continuing its reform of state defense conglomerate JSC Ukrainian Defense Industry to align with international business best practices and Organization for Economic Cooperation and Development standards.
Both sides commit to implement their Research, Development, Testing, and Evaluation Agreement.
D. End Use Monitoring/Accountability
The United States reaffirms its commitment to work with allies and partners to facilitate international coordination to mitigate the risk of diversion of advanced conventional weapons through the U.S. Plan to Counter Illicit Diversion of Certain Advanced Conventional Weapons in Eastern Europe. This includes supporting Ukrainian, allied, and partner efforts to conduct end-use monitoring. To implement Article II of the Agreement, Ukraine further reaffirms its commitment to ensuring the security of United States-provided defense articles and technology in accordance with DOD’s Golden Sentry enhanced end-use monitoring (EEUM) requirements.
This includes:
Providing timely and comprehensive expenditure and loss reports for all EEUM items on at least a quarterly basis;
Continuing to afford United States DOD personnel maximum access and transparency in support of EEUM verification activities, including site visits to Ukrainian weapons depots, as appropriate, and full visibility into Ukrainian logistics management platforms; and
Fully implementing the concept of operations for the use of handheld scanning devices to self-report EEUM inventories at locations where United States personnel are unable to travel.
As security conditions allow, Ukraine further commits to:
Conducting a comprehensive inventory of all remaining EEUM items in Ukraine’s possession;
Providing DOD with access to military installations across Ukraine at which EEUM items are stored, to allow for the resumption of all in-person verification activities; and
Supporting future EEUM requirements the United States may identify to maintain reasonable assurances of the security of advanced conventional weapons in a postwar environment.
The Participants intend to continue the exchange of information on threats related to illicit arms proliferation.
E. Unexploded Ordnance Removal and Demining
The United States intends to coordinate with international partners to support unexploded ordnance removal and demining assistance in affected regions in Ukraine, encompassing both humanitarian and combat demining efforts. This support may include assisting civilian populations affected by landmines, explosive remnants of war, and the hazardous effects of unexploded ordnance, through developing Ukraine’s domestic capacity for humanitarian demining, land-based and underwater explosive ordnance disposal, and physical security and stockpile management of conventional munitions.
Both sides recognize the importance of a coordinated and robust demining program to Ukraine’s long-term recovery potential, due to the contamination of Ukraine’s territory with explosive ordnance as a result of Russia’s war.
F. Other Areas of Security and Defense Cooperation
The Participants intend to deepen their close cooperation on additional areas of mutual concern, in support of their national security and to enhance Ukraine’s overall interoperability with NATO and other relevant international security bodies. These additional areas include but are not limited to countering disinformation and malign influence campaigns; counterterrorism efforts against international terrorist organizations; arms control; the nonproliferation of weapons of mass destruction; and cooperation to strengthen resilience against chemical, biological, radiological, and nuclear risks.
The Participants intend to further develop their intelligence cooperation through information sharing, education, training, experience exchanges, and other forms of cooperation as appropriate.
Implementation of Article III: Cooperation on Economic Recovery and Reform
A. Accountability
The Participants reaffirm their commitment to holding the Russian Federation to account for its actions in Ukraine, including damage, loss, and injury caused to individuals and entities, as well as to the state of Ukraine, as a result of Russia's internationally wrongful acts in or against Ukraine, including its aggression in violation of the UN Charter.
The Participants intend to seek to hold accountable those responsible for war crimes and other international crimes committed in or against Ukraine, consistent with international law, and to support the full and fair investigation of alleged international crimes through independent, effective, and robust legal mechanisms.
The United States intends to support Ukraine in seeking the immediate release and return of all unlawfully detained and forcibly transferred civilians, primarily Ukrainian children, and to contribute to international efforts to hold accountable, consistent with international law, those responsible for the illegal deportation and displacement of Ukrainian civilians.
B. Immobilization of Russian Sovereign Assets
The United States intends to hold Russian sovereign assets in United States jurisdiction immobilized until Russia pays for the damage it has caused to Ukraine. The United States, working with its partners, intends to explore all possible avenues by which immobilized Russian sovereign assets could be made use of to support Ukraine, consistent with domestic and international law.
C. Sanctions Actions
The Participants recognize the value of sanctions in raising the cost of Russia’s war of aggression, degrading Russia’s sources of revenue, and impeding Russia’s effort to build its capability for aggression, including by restricting the Russian Federation’s access to the finance, goods, technology, and services it is utilizing in its aggression.
The Participants intend to continue to work to ensure that the costs to Russia for its aggression continue to rise, including through sanctions and export controls.
Final Provisions
A. Periodic Review
The United States and Ukraine commit to periodic, high-level review of the cooperation described in this annex. The United States supports the use of existing mechanisms, such as the Strategic Partnership Dialogue, Bilateral Defense Consultations, and other bilateral engagements, to track regular progress. Both sides support engagements at higher levels once every 12-18 months dedicated to reviewing joint progress of this annex as a whole, and to charting specific objectives for future cooperation under this annex.
This periodic review process should be used to evaluate progress on mutually decided elements of cooperation and to establish new objectives once each side has successfully achieved their mutually decided goals. Specific objectives should be established on at least an annual basis through civilian or military channels as appropriate.
B. Legal Status and Funding of Annex
Nothing in this annex is intended to give rise to rights or obligations under domestic or international law.
The United States and Ukraine intend to implement the commitments under this annex consistent with applicable law and subject to the availability of appropriated funds.
