U.S.-Ukraine Bilateral Security Agreement

U.S.-Ukraine Bilateral Security Agreement

INSIGHTi

U.S.-Ukraine Bilateral Security Agreement
June 21, 2024
On June 13, 2024, President Biden and Ukrainian President Volodymyr Zelensky signed a 10-year
bilateral security agreement during the G7 summit. (Ukraine has signed bilateral security agreements with
15 countries and, as of June, is negotiating with 16 others.) The agreement is an executive agreement and
does not require congressional approval. Congress may review and shape the agreement’s implementation
through oversight and the use of appropriations and authorization legislation. The agreement identifies
areas of joint defense, economic, and political cooperation. It prioritizes U.S. “long-term” support for
improving Ukraine’s ability to defend its territorial integrity and “Ukraine’s implementation of reforms”
to further its “Euro-Atlantic integration.”
This action follows Congress passing the Ukraine Security Supplemental Appropriations Act, 2024
(Division B of P.L. 118-50), which committed more than $60 billion to support Ukraine and other
countries affected by Russia’s invasion of Ukraine. The agreement outlines long-term U.S. policy and
strategy goals toward Ukraine, and the Biden Administration stated it will “work closely with the U.S.
Congress to build on the national security supplemental and develop sustainable levels of assistance to
Ukraine over the long term.”
Agreement Details
According to President Biden, “[the United States’] goal is to strengthen Ukraine’s credible defense and
deterrence capabilities for the long term. A lasting peace for Ukraine must be underwritten by Ukraine’s
own ability to defend itself now and to deter future aggression anytime ... in the future.” The agreement
builds upon existing security partnerships between the United States and Ukraine, including the Strategic
Defense Framework, signed August 31, 2021, and the U.S.-Ukraine Charter on Strategic Partnership,
signed November 10, 2021.
The agreement has 11 articles laying out areas of focus and cooperation between the United States and
Ukraine, with Articles II-IV detailing practical steps to improve Ukraine’s “credible defense and
deterrence capability” and further “Ukraine’s interoperability with NATO.”
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Article II: Defense and Security Cooperation
includes specific discussions about improving
Bilateral Security Agreement Between the
Ukraine’s defense capabilities. It also states that
United States of America and Ukraine
the United States and Ukraine both “recognize the
Article I: Principles of Cooperation
need for Ukraine’s security and defense forces to
Article II: Defense and Security Cooperation
be sustainable over time, and expect Ukraine to
Article III: Cooperation on Economic Recovery and Reform
gradually assume responsibility for an increasing
Article IV: Institutional Reforms to Advance Euro-Atlantic
share of its defense needs.” The annex to
Integration
agreement highlights several areas of focus to
Article V: Just Peace
achieve the stated goals, including
Article VI: Annexes and Implementing Arrangements
Article VII: Disputes and Implementation
• Ukraine’s Future Force Capabilities;
Article VIII: Amendment
• Training and Exercises;
Article IX: Entry into Force
• Defense Industrial Base Development
Article X Registration with the United Nations
Cooperation;
Article XI: Termination
• End Use Monitoring/Accountability;
• Unexploded Ordnance Removal and Demining; and
• Other Areas of Security and Defense Cooperation (including intelligence sharing).
Article II also states that in the event of “future armed attack or threat of armed attack against Ukraine,”
both parties shall meet immediately at the “most senior levels to determine appropriate next steps and
additional defense needs.” The agreement does not obligate any specific responses or policies. It states
that consultations and coordination should take place regarding potential steps.
Article III: Cooperation on Economic Recovery and Reform details several areas of cooperation to
support Ukraine’s war-damaged economy, energy sector, and reform agenda (including good governance,
anti-corruption, respect for human rights, and rule of law). The annex to Article III identifies three areas
of focus:
• Accountability (for Russian actions in Ukraine);
• Immobilization of Russian Sovereign Assets; and
• Sanctions Actions.
Article IV: Institutional Reforms to Advance Euro-Atlantic Integration calls on both parties to cooperate
on reform measures to further Ukraine’s integration with the European Union and NATO. These measures
include enacting domestic law enforcement and governance reforms, improving transparency, and
aligning Ukrainian Armed Forces with NATO standards.
Issues for Congress
Since the agreement is not ratified by the Senate, it does not have the status of a treaty. Parties can leave
the agreement six months after providing written notification. Additionally, Article II of the agreement
states that the U.S. executive branch “intends to seek from the United States Congress appropriation of
funds to help sustain a Ukrainian credible defense and deterrent capability, in war and peace.” Congress
may consider whether to appropriate further security assistance for Ukraine and to conduct oversight of
the implementation of the agreement.
The 118th Congress has enacted additional oversight requirements on U.S. assistance to Ukraine. P.L. 118-
31 (Title XII, §1250B) directed the Department of Defense Inspector General, as the Special Inspector
General of Operation Atlantic Resolve (SIG-OAR), to conduct oversight of “programs and operations
funded with amounts appropriated by the United States for Ukraine.” If Congress appropriates additional

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funds for the implementation of security assistance under the 10-year agreement, SIG-OAR could be
responsible for providing quarterly reports and briefings to congressional committees. The U.S.-Ukraine
agreement includes provisions committing Ukraine to increased “end use monitoring/accountability” and
efforts to counter potential illicit arms proliferation.
Some Members of Congress have expressed concern that the United States does not have a “Ukraine
victory strategy.” In the 118th Congress, P.L. 118-47 (7046(d)(1) of Division F) and P.L. 118-50 (Title V,
§504) require the Administration to submit a strategy to Congress identifying U.S. national security
interests in regard to the Russia-Ukraine war and how U.S. support for Ukraine advances the strategy’s
objectives. The U.S.-Ukraine agreement also calls for a “periodic, high-level review of the cooperation”
by the parties. Congress could consider legislation to amend or clarify reporting requirements to include
assessments of the agreement’s implementation and the outcome of such periodic reviews identified by
the agreement.

Author Information

Andrew S. Bowen

Analyst in Russian and European Affairs

Disclaimer
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