Replies

Bilateral security agreement between Ukraine and the United States of America

13 June 2024 - 22:22

Preamble

Ukraine and the United States of America (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:

1. 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.

2. Cooperation between the Parties is enhanced by their shared commitment to democracy, the rule of law, human rights, transparency, and accountability.

3. 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:

1. 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.

2. 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.

3. 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;
Cooperation to promote regional peace and security in the Black Sea;
Cooperation to support unexploded ordnance removal and demining; and
Other cooperation as may be mutually decided upon by the Parties.

4. 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 UKRAINE: FOR THE UNITED STATES OF AMERICA:

VOLODYMYR ZELENSKYY JOSEPH R. BIDEN JR.

President of Ukraine President of the United States of America
[Excerpt]
Annex to the Bilateral Security Agreement Between Ukraine and the United States of America
https://www.president.gov.ua/en/news/dvostoronnya-bezpekova-ugoda-mizh-ukrayinoyu-ta-spoluchenimi-91501