The full text of the US-Ukraine minerals deal

[AribertDeckers]

26.2.2025
US-Ukraine minerals deal: the full text


The brain-dead German state TV is too stupid for real journalism. So we have to get things done on our own.

This is the full text of the US-Ukraine deal. The citizens world-wide must know the real and the full contents, and must not be cheated with ideological babble by straw-heads!


[*quote*]
BILATERAL AGREEMENT ESTABLISHING TERMS AND CONDITIONS FOR A RECONSTRUCTION INVESTMENT FUND

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

WHEREAS the American people desire to invest alongside Ukraine in a free, sovereign and secure Ukraine;

WHEREAS the United States of America and Ukraine desire a lasting peace in Ukraine and a durable partnership between their two peoples and governments;

WHEREAS the United States of America and Ukraine recognize the contribution that Ukraine has made to strengthening international peace and security by voluntarily abandoning the world's third largest arsenal of nuclear weapons;

WHEREAS the United States of America and Ukraine wish to ensure that those States and other persons that have acted adversely to Ukraine in the conflict do not benefit from the reconstruction of Ukraine following a lasting peace;

NOW, THEREFORE, the Government of the United States of America and the Government of Ukraine (each, a "Participant") hereby enter into this Bilateral Agreement Establishing Terms and Conditions for a Reconstruction Investment Fund to deepen the partnership between the United States of America and Ukraine, as set forth herein.

1. The Governments of Ukraine and the United States of America, with the aim of achieving lasting peace in Ukraine, intend to establish a Reconstruction Investment Fund (Fund), partnering in the Fund through joint ownership, to be further defined in the Fund Agreement. Joint ownership will take into consideration the actual contributions of the Participants as defined in Sections 3 and 4. The Fund will be jointly managed by representatives of the Government of Ukraine and the Government of the United States of America. More detailed terms pertaining to the Fund's governance and operation will be set forth in a subsequent agreement (the Fund Agreement) to be negotiated promptly after the conclusion of this Bilateral Agreement. The maximum percentage of ownership of the Fund's equity and financial interests to be held by the Government of the United States of America and the decision-making authority of the representatives of the Government of the United States of America will be to the extent permissible under applicable United States laws.

Neither Participant will sell, transfer or otherwise dispose of, directly or indirectly, any portion of its interest in the Fund without the prior written consent of the other Participant.

2. The Fund will collect and reinvest revenues contributed to the Fund, minus expenses incurred by the Fund, and will earn income from the future monetization of all relevant Ukrainian Government-owned natural resource assets (whether owned directly or indirectly by the Ukrainian Government), as defined in Section 3.

3. The Government of Ukraine will contribute to the Fund 50 percent of all revenues earned from the future monetization of all relevant Ukrainian Government-owned natural resource assets (whether owned directly or indirectly by the Ukrainian Government), defined as deposits of minerals, hydrocarbons, oil, natural gas, and other extractable materials, and other infrastructure relevant to natural resource assets (such as liquified natural gas terminals and port infrastructure) as agreed by both Participants, as may be further described in the Fund Agreement. For the avoidance of doubt, such future sources of revenues do not include the current sources of revenues which are already part of the general budget revenues of Ukraine. Timeline, scope and sustainability of contributions will be further defined in the Fund Agreement.

The Fund, in its sole discretion, may credit or return to the Government of Ukraine actual expenses incurred by the newly developed projects from which the Fund receives revenues.

Contributions made to the Fund will be reinvested at least annually in Ukraine to promote the safety, security and prosperity of Ukraine, to be further defined in the Fund Agreement. The Fund Agreement will also provide for future distributions.

4. Subject to applicable United States law, the Government of the United States of America will maintain a long-term financial commitment to the development of a stable and economically prosperous Ukraine. Further contributions may be comprised of funds, financial instruments, and other tangible and intangible assets critical for the reconstruction of Ukraine.

5. The Fund's investment process will be designed so as to invest in projects in Ukraine and attract investments to increase the development, processing and monetization of all public and private Ukrainian assets including, but not limited to, deposits of minerals, hydrocarbons, oil, natural gas, and other extractable materials, infrastructure, ports, and state-owned enterprises as may be further described in the Fund Agreement. The Government of the United States of America and the Government of Ukraine intend that the investment process will lead to opportunities for distribution of additional funds and greater reinvestment, to ensure the sufficient supply of capital for the reconstruction of Ukraine as set out in the Fund Agreement.

The Participants reserve the right to take such action as necessary to protect and maximize the value of their economic interests in the Fund.

6. The Fund Agreement will include appropriate representations and warranties, including those necessary to ensure that any obligations the Government of Ukraine may have to third parties, or such obligations that it may undertake in the future, do not sell, convey, transfer pledge, or otherwise encumber the Government of Ukraine's contributions to the Fund or the assets from which such contributions are derived, or the Fund's disposition of funds.

In drafting the Fund Agreement, the Participants will strive to avoid conflicts with Ukraine's obligations under its accession to the European Union or its obligations under arrangements with international financial institutions and other official creditors.

7. The Fund Agreement will provide, inter alia, an acknowledgment that both the Fund Agreement and the activities provided for therein are commercial in nature.

The Fund agreement shall be ratified by the Parliament of Ukraine according to the Law of Ukraine «On International Treaties of Ukraine».

8. The Fund Agreement will pay particular attention to the control mechanisms that make it impossible to weaken, violate or circumvent sanctions and other restrictive measures.

9. The text of the Fund Agreement will be developed without delay by working groups chaired by authorized representatives of the Government of Ukraine and the Government of the United States of America. Contact persons responsible for preparing the Fund Agreement on the basis of this Bilateral Agreement are: from the Government of the United States of America: the Department of the Treasury; from the Government of Ukraine: Ministry of Finance and Ministry of Economy.

10. This Bilateral Agreement and the Fund Agreement will constitute integral elements of the architecture of bilateral and multilateral agreements, as well as concrete steps to establish lasting peace, and to strengthen economic security resilience and reflect the objectives set forth in the preamble to this Bilateral Agreement.

The Government of the United States of America supports Ukraine's efforts to obtain security guarantees needed to establish lasting peace. Participants will seek to identify any necessary steps to protect mutual investments, as defined in the Fund Agreement.

11. This Bilateral Agreement is binding and will be implemented by each Participant according to its domestic procedures. The Government of the United States of America and the Government of Ukraine commit to proceed forthwith to negotiate the Fund Agreement.

Signed on 25 February 2025 in English and Ukrainian languages, both texts are equally authentic.

For the Government of the United States of America:

Scott K. H. Bessent
Secretary of the Treasury

For the Government of Ukraine:

Yulia Svyrydenko
First Deputy Prime Minister of Ukraine — Minister of Economy of Ukraine
[*/quote*]


more:
https://www.ft.com/content/387afd63-9467-413f-84d0-4f52a3a95a34

[AribertDeckers]

28.2.2025
Analysis of The full text of the US-Ukraine minerals deal


To say it with utmost friendliness: Twitter is degraded to a piece of shit. Jack Dorsey and Elon Musk ruined it about completely. To read and to copy texts is made about hopeless. It takes incredible time to put together a thread.

So I took the liberty to extract this thread, so that everybody can read it, freely and without any problems.

Again, as so many times before: Twitter is NOT a place for texts! One MUST have a web-site in the background, where the fulltexts and pictures are stored. This is necessary because

a) any idiot admin can delete an account at any time, and

b) it is necessary to show FULL TEXT of any length and pictures of any size without any technical or optical problems.

This can only be achieved by having storage OUTSIDE of Twitter. This is a must!

During the last weeks a user on https://www.transgallaxys.com set up an archive for SOME pictures on Twitter:

https://www.transgallaxys.com/pics_on_twitter/index.php?/category/2

https://www.transgallaxys.com/pics_on_twitter/index.php?/category/3

You should do the same. It is the only way to handle web-sites like Twitter or other insane crap.

Do keep in mind:

This is the Internet. It MUST circumvent errors or any kind of mess.

The Internet was DESIGNED to circumvent errors or any kind of mess. So then: DO IT!




https://x.com/hissgoescobra/status/1895227989094543597

[*quote*]
John Jackson @hissgoescobra

How Ukraine worked a masterpiece in its Minerals Agreement with the United States: a thread 🧵:

To summarize, Ukraine placated Trump with a vague, unenforceable document with no specific obligations whose described purpose is Ukraine's security and prosperity.

Link at end.
10:42 PM · Feb 27, 2025
12K Views

John Jackson @hissgoescobra

The "Agreement to Agree." This is the quintessential structure of the document. It sets forth only general understandings and puts off any specific duties, rights, and obligations to a later contract, the Fund Agreement.

Image
Image
Image



https://pbs.twimg.com/media/Gk0tCPfaEAA8ua7?format=png&name=small



https://pbs.twimg.com/media/Gk0tH3LXwAAex0U?format=png&name=small



https://pbs.twimg.com/media/Gk0tWofWoAA6FpO?format=png&name=small

John Jackson @hissgoescobra

Why is this critical? Because any enforcement tribunal, whether a court, arbiter, or UN or EU panel, will ask the basic question? How can specific performance be ordered? What specifically are the parties obligated to do?

John Jackson @hissgoescobra

"Agreements to agree" are universally treated as aspirational expressions of future intent, not enforceable contracts. What product is to be delivered at what price in the Minerals Agreement? What act is Ukraine required to do on what schedule? None of this can be answered.

John Jackson @hissgoescobra

There is another clear, unmistakable indication that Ukraine is not obligated to give away its minerals in this Minerals Agreement: the document acknowledges that the later, specific Fund Agreement must be ratified by Ukraine's parliament as an international treaty.
Image



https://pbs.twimg.com/media/Gk0vQ9zWMAAA5Gu?format=png&name=small

John Jackson @hissgoescobra

If any and all specific obligations, rights, and duties between the two parties are subject to the discretion and refusal of a third party who is not a signatory, by definition, this is just an "agreement to agree" to have future negotiations.

John Jackson @hissgoescobra

Another indication of this is the fact that the Representations and Warranties are not in this Minerals Agreement, but in the future, undrafted Fund Agreement. Reps and warranties are essential to any complex contractual relationship. You can't have a deal without them.
Image



https://pbs.twimg.com/media/Gk0wT3taoAALcip?format=png&name=small

John Jackson @hissgoescobra

Finally, another key component of the Minerals Agreement that limits Ukraine's exposure is the fact that its stated purpose is to ensure Ukraine's future security and prosperity through reconstruction.
Image
Image
Image



https://pbs.twimg.com/media/Gk0w7U2WcAA7wwe?format=png&name=small



https://pbs.twimg.com/media/Gk0xFD4aoAcCSgW?format=png&name=small
fi


https://pbs.twimg.com/media/Gk0xUadbMAA0qTi?format=png&name=small

John Jackson @hissgoescobra

This is key because there are a host of contract defenses that arise when its very purpose cannot be achieved. It also drives the analysis of intent behind all of the language in a contract: it must be construed consistent with that intent.
10:42 PM · Feb 27, 2025
735 Views

John Jackson @hissgoescobra

Thus, if the U.S. screws over Ukraine, such as by refusing reasonable security guarantees or especially by refusing to sell weapons or putting operational restrictions on existing weapons, Ukraine's very limited duties evaporate. These are interdependent.

John Jackson @hissgoescobra

Both from a textual perspective and also from a political-personality perspective, Ukraine deserves a silent applause. Marvelous work. Who knows what the future holds but good for now. Trump is more positive on Ukraine today. Link to Minerals Agreement:

{Junk ommitted:
From jumpshare.com
xhttps://pbs.twimg.com/card_img/1895226203856084993/i-pyDq6S?format=png&name=900x900}
[*/quote*]