The agreement between the governments of the U.S. and Ukraine on the creation of the “U.S.–Ukraine Recovery Investment Fund” covers 57 minerals and leaves a number of important aspects of bilateral cooperation unspecified.
Axar.az reports, citing European Pravda, as it turns out, during the negotiations, Ukraine and the U.S. decided once again to divide the agreement into several components. The bilateral agreement signed on Wednesday in Washington sets the political parameters of cooperation between the two governments on mineral development, the sale of natural resources, and the American assistance— including military aid— that Ukraine will receive in the future.
However, many details, including those of political significance, will be laid out in a "technical agreement," which is not yet ready for signing. The agreement signed on Wednesday is only 12 pages long. For comparison, the previous draft that the U.S. handed over to Ukraine in March, using the same font, was over 90 pages.
Indeed, the agreement provides detailed guarantees that it will not contradict Ukraine's agreements with the EU and its aspirations to join the union. In the case of a conflict with the EU’s accession agreement, the provisions of the U.S. agreement should be revised.
Importantly, the document does not subject Ukraine to the U.S. legal system—disputes are to be resolved on an equal basis, through consultations.
There is also no "right of first refusal" for U.S. companies in obtaining licenses for mineral extraction in Ukraine. However, American companies must have access to auctions or negotiations for the purchase of such minerals under terms no less favorable than those of other buyers.