A Call for Transparency: Concerns of Ukrainian Citizens on the U.S.-Ukraine Re-construction Fund Agreement.
Appeal to the Verkhovna Rada of Ukraine on the U.S.-Ukraine Reconstruction Investment Fund Agreement
Dear Members of the Verkhovna Rada of Ukraine,
Dear Speaker of the Verkhovna Rada,
We, the citizens of Ukraine, call on you to thoroughly
review the Agreement between the Government of Ukraine and the Government of
the United States of America on the Establishment of a United States-Ukraine
Reconstruction Investment Fund, signed on April 30, 2025, before its
ratification. We express deep concern about the potential consequences of this
agreement for Ukraine’s sovereignty, economic stability, and the rights of the
Ukrainian people, as enshrined in the Constitution of Ukraine.
In our view, the agreement poses several risks that
require your careful consideration:
1. Unequal Benefits for the Ukrainian and American
Peoples
The preamble of the agreement states that "the
American people desire to invest alongside Ukraine in a free, sovereign, and
secure Ukraine." However, the agreement grants the American side access to
our natural resources, including rare earth minerals, through market-based
offtake rights (Article VIII), tax exemptions (Article IV), and the
convertibility of revenues into dollars (Article V). This creates opportunities
for American companies to profit, having already benefited significantly from
arms supplies to Ukraine. In contrast, the Ukrainian people are left with vague
promises of "strategic partnership" and "support for
reconstruction," without concrete security guarantees or mechanisms to
reinvest revenues into our economy. We consider this unfair and request that
the agreement ensures tangible benefits for every Ukrainian citizen.
2. Lack of Transparency and Access to Key Documents
Many critical details of the agreement, including the
management of the fund, revenue distribution, and investment opportunities, are
outlined in a separate "Limited Partnership Agreement" (LP
Agreement), which has not been made public. This lack of transparency creates a
risk of hidden conditions that may disadvantage Ukraine. We insist on full
transparency: the Verkhovna Rada must demand the publication of this document
and hold public hearings so that citizens can assess how the agreement will
affect their rights and interests.
3. Tax Exemption of the Fund – Loss of State Revenue
According to Article IV, the fund’s activities are
exempt from taxes, levies, and other payments in Ukraine. This means the state
will not receive direct tax revenues from the extraction of our natural
resources, which belong to the Ukrainian people under Article 13 of the
Constitution of Ukraine. At a time when our country is enduring war and
economic hardship, such losses are unacceptable. We propose:
·
Establishing a
mandatory percentage of the fund’s revenues to be allocated to social needs
(healthcare, education, housing reconstruction).
·
Considering the
issuance of fund securities that could be distributed among the population,
making every citizen a direct beneficiary of resource extraction revenues.
·
Creating a
transparent mechanism to reinvest the fund’s revenues into Ukraine’s economy to
prevent their outflow abroad.
4. Risk of Economic Dependency
Article V of the agreement obliges Ukraine to ensure
the "free convertibility of hryvnia into dollars" for all fund
payments. In the current conditions of economic instability, this could place
additional pressure on our foreign exchange reserves and worsen the financial
situation. We request the Verkhovna Rada to assess whether these terms are
exploitative and could lead to a loss of control over our resources.
5. Protection of the Constitutional Rights of the
Ukrainian People
Ukraine’s natural resources belong to the Ukrainian
people (Article 13 of the Constitution of Ukraine), and their use must serve
the interests of citizens. However, the agreement lacks specific mechanisms to
ensure that revenues from resource extraction benefit the people rather than
foreign companies or elites. We demand that the Verkhovna Rada:
·
Facilitates public
discussion of the agreement and takes into account the opinions of citizens
before ratification.
·
Incorporates clear
provisions into the agreement or legislation to guarantee that the fund’s
revenues benefit Ukrainian citizens.
6. Exclusion of the European Union and the United
Kingdom
According to available data, Europe collectively
(including the EU as an institution and bilateral agreements with European
countries) has provided more financial support to Ukraine than the United
States. Specifically, the EU has contributed approximately $145 billion, of
which only 35% are loans, while the UK signed a $2.8 billion (£2.26 billion)
loan agreement with Ukraine on March 1, 2025, making it one of the largest
donors. The EU has also actively supported Ukraine’s reconstruction through
initiatives like the Ukraine Recovery Conference, where significant funds were
allocated.
Notably, the UK’s Homes for Ukraine program,
implemented by the Department for Levelling Up, Housing and Communities, has
provided shelter to over 100,000 Ukrainians since its launch in March 2022. The
British government has spent hundreds of millions of pounds supporting sponsors
who host refugees, demonstrating not only financial commitment but also
significant humanitarian support for Ukraine.
The agreement declares its goal to "facilitate
Ukraine’s recovery and modernization" while promoting "democratic
values, market principles, and the rule of law." These goals fully align
with the interests of the EU and the UK, which also advocate for a free and
democratic Ukraine integrated into the European community. The preamble of the
agreement acknowledges Ukraine’s intention to avoid conflicts with its EU
accession obligations. However, the EU and the UK are not mentioned as parties
or participants in the fund, raising serious questions about adherence to the
principles of equality and the rule of law.
We believe that excluding key donors like the EU and
the UK contradicts the principles of equal partnership, especially given
Ukraine’s aspiration to join the EU, where equality and the rule of law are
core values. This exclusion may also create tensions with our European
partners, weakening overall support for Ukraine during the war.
We request that the Verkhovna Rada:
·
Insists on
including the EU and the UK in the fund’s structure as participants or
observers to ensure their involvement in decision-making.
·
Holds
consultations with European partners and publishes the LP Agreement to avoid
conflicts and ensure transparency.
·
Considers
establishing an international coordination body to guarantee the participation
of all donors in Ukraine’s recovery process.
7. International Support for Our Appeal
We have also sent appeals to the UK Foreign,
Commonwealth & Development Office, UN Secretary-General António Guterres,
and the UN Country Coordinator for Ukraine, Maksym Solovey, to draw attention to the exclusion
of the EU and the UK from the agreement. We aim to highlight the need for
equality, transparency, and the rule of law in Ukraine’s recovery process. We
believe the international community must unite to ensure a fair approach that
considers the interests of all key donors.
We request that the Verkhovna Rada takes these actions
into account and:
·
Actively
cooperates with international partners to ensure an inclusive approach to the
agreement’s implementation.
·
Advocates for the
creation of an international coordination body to guarantee the participation
of all donors in Ukraine’s recovery.
Dear Members of the Verkhovna Rada, we urge you to
prioritize the interests of the Ukrainian people. This agreement must not only
attract investments but also ensure real benefits for every Ukrainian citizen.
We do not seek to create conflicts between partner countries but wish to remind
all governments of their responsibilities to their people. Ukrainian citizens
are not indifferent to their future and actively engage in processes that
impact our country. We hope for your responsibility and transparency in
addressing this matter.
Sincerely,
Citizens of Ukraine (, including I)
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