Agreement on Subsoil between Ukraine and the USA: Details and Terms of Parity

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Agreement on Subsoil between Ukraine and the USA: Details and Terms of Parity

Important aspects of the implementation of the Framework Intergovernmental Agreement between Ukraine and the USA have been revealed in two unpublished documents that were signed in Washington. According to the information received, the American side has priority in obtaining information that may interest investors. They will have three months to assess their interest, and only if they decline will other potential investors be able to submit their proposals. However, even after that, the Ukrainian side will not be able to offer more favorable financial terms than those proposed to American investors for six months.

This is reported by Finway

A similar situation is observed in the procurement of products: the Ukrainian side will not be able to offer a price lower than the one that the Americans decline for another six months. According to analysts, such conditions significantly reduce Ukraine’s attractiveness to investors.

Management Structure of the Joint Fund

According to the new terms, the management of the joint fund will be carried out by a Council, which will consist of representatives from Ukraine and the USA in equal numbers. However, in the four committees that will assist the Council, parity will be significantly disrupted:

  • Investment Committee: three managers from the USA, two from Ukraine.
  • Administrative Committee: three managers from the USA and two from Ukraine.
  • Audit Committee: two managers from the USA and two from Ukraine.
  • Project Search Committee: three managers from Ukraine and two from the USA.

Thus, Ukraine will only be tasked with project searches, while numerous important issues will be resolved exclusively by managers from the USA. Furthermore, if the “Ukrainian partner” violates the terms of the agreement, they will lose the right to participate in the distribution of the Fund’s resources, and Ukrainian managers will lose their voting rights in the relevant committees. In contrast, there are no mentions of possible violations by the USA.

Despite this, 47% of Ukrainians believe that the subsoil agreement will positively impact the country, while 22% of respondents express concerns about the negative consequences of the agreement.