The US is pushing to control all future major infrastructure and mining investments in Ukraine, veto the role of Kyiv’s other allies, and undermine its goal of European Union membership.
According to a draft document obtained by Bloomberg, the Donald Trump administration is demanding the “right of first refusal” on investments in all infrastructure and natural resource projects under a revised partnership agreement with Ukraine.
If accepted, the partnership agreement would give the US enormous power to control investments in projects in Ukraine such as highways and railways, ports, mines, oil and natural gas, and the extraction of critical minerals.
The agreement would give the US first claim on profits transferred to a special reconstruction investment fund controlled by Washington.
The most crucial point of the document is that the US considers the “material and financial benefits” it has provided to Ukraine since the beginning of the war as a contribution to this fund.
In effect, this means the Trump administration would force Ukraine to pay the cost of all US military and economic support provided since the start of the war before Kyiv receives any income from the partnership fund.
According to the draft document, the US International Development Finance Corporation (DFC) will control the investment fund by nominating three of the five board members and holding a “golden share” giving it special voting rights to block certain decisions. Ukraine will appoint the other two members and will be prevented from interfering in the fund’s daily management.
The Kyiv government will be required to deposit 50% of the earnings from all new natural resource and infrastructure projects into the fund. The draft states that the US will be entitled to all profits until its investment is recouped, plus a 4% annual return.
Ukraine will be obliged to submit all projects to the fund for review “at the earliest possible time,” and the DFC will gain board membership or oversight rights in all funded programs.
Kyiv will also be prohibited from offering rejected projects to other parties on “materially better” terms for at least one year.
Furthermore, according to the draft, the US government will have the right to purchase Ukraine’s metals, minerals, and oil and gas on commercial terms before other parties, regardless of whether the fund finances the project.
The agreement, which has no time limit, also prohibits Kyiv from selling critical minerals to countries that are “strategic rivals” of the US.
The US presented a revised agreement to officials in Kyiv last weekend after Ukrainian President Volodymyr Zelenskyy’s plans to sign an earlier deal fell through following a tense discussion with Trump in the Oval Office last month.
The White House said last week that the administration has moved beyond the previously negotiated agreement covering critical minerals in Ukraine.
Negotiations between the two sides are ongoing, and the final draft may include revisions to the terms. A person familiar with the matter told Bloomberg that Ukraine would respond to the US document with its own changes this week.
Speaking to reporters in Paris on Thursday, where he traveled to attend a summit with European leaders, Zelenskyy said the full agreement proposed by the US requires “detailed study” and that the terms are constantly changing during negotiations.
While it is too early to say an agreement has been reached, he said, “We support cooperation with the US, we do not want to send a single signal that could cause the US to stop helping Ukraine.”
In response to a request for comment, a US Treasury Department spokesperson stated that the US remains committed to the swift finalization of the agreement and securing a lasting peace for Ukraine.
National Security Council spokesperson James Hewitt said, “The minerals agreement offers Ukraine the opportunity to establish a lasting economic relationship with the US, which is the foundation for long-term security and peace. This agreement will strengthen relations between the two countries and benefit both sides.”
Ukraine gained EU candidate status in 2022 and is set to begin accession talks for full membership, which could take years to complete. This situation is likely to become more complicated if the US gains effective control over investment decisions covering large areas of the Ukrainian economy.
Ukraine had previously stated that an agreement with the US should not conflict with its association agreement with the EU. It had also previously rejected the US demand that Washington’s past support for Ukraine be included as a contribution to the joint fund.