The United States and Ukraine have entered into a 10-year bilateral security agreement (“Security Agreement”), providing a framework for continued US support for Ukraine’s defense and deterrence capabilities, as well as for Ukraine’s economic recovery and reconstruction.
The Security Agreement, signed by US President Joe Biden and Ukrainian President Volodymyr Zelensky on June 13, 2024, will strengthen and deepen US-Ukraine security, defense, economic, and trade cooperation, including through:
- Increased interoperability between US and Ukrainian military forces to align with NATO standards and enable Ukraine to develop a modern future military force, including via military training and education programs, as well as via research and development cooperation;
- Enhanced intelligence sharing and US assistance in Ukraine’s further development of its counterintelligence capabilities, as well as US support for improved Ukrainian cybersecurity and cyber defense capacity to protect critical infrastructure;
- Expanded collaboration with allies and partners to augment Ukraine’s defense industrial base, including via identification of strategic investment opportunities for public and private capital that promote US and Ukrainian economic and security interests; and
- Increased support for Ukraine’s energy independence and energy security objectives, including via support for Ukraine’s development of a decentralized energy system that is integrated with Europe and support for a more resilient and secure Ukrainian civil nuclear energy sector.
Further, the Security Agreement states that US and Ukrainian officials are to meet within 24 hours in the event of an armed attack (or threat thereof) to develop a response strategy and identify Ukraine’s defense support needs. The framework articulated under the Security Agreement does not include a commitment by the US to provide troops to defend Ukraine, unlike NATO’s Article 5 commitment to collective defense.
Additionally, because the Security Agreement will not be ratified by the US Congress, it is best viewed as binding only with respect to the Biden Administration, leaving open the potential for future US administrations to withdraw. However, the Security Agreement memorializes the intent of the parties to register the Security Agreement with the United Nations (“UN”) in accordance with Article 102 of the UN Charter within 60 days of the Security Agreement’s entry into force.
In short, the commitments by the US to Ukraine under the Security Agreement are intended to accelerate Ukraine’s Euro-Atlantic integration, including through support of Ukraine’s EU and NATO accession goals. Upon signing the Security Agreement with Ukraine, the US joined 15 other partner nations that have entered into similar bilateral security agreements and arrangements with Ukraine under the G7 Joint Declaration of Support to Ukraine signed in July 2023.
The Security Agreement was announced alongside reports that G7 leaders have reached consensus to provide a US$50 billion loan to Ukraine, secured by interest generated from seized Russian assets, for the purposes of sustaining and rebuilding the Ukrainian economy.
By Christopher W.K. Fetzer, Partner, Dentons
