Donald Trump's demand for a $500bn (£400bn) "payback" from Ukraine goes far beyond US control over the country's critical minerals. It covers everything from ports and infrastructure to oil and gas, and the larger resource base of the country.
The terms of the contract that landed at Volodymyr Zelensky's office a week ago amount to the US economic colonisation of Ukraine, in legal perpetuity. It implies a burden of reparations that cannot possibly be achieved. The document has caused consternation and panic in Kyiv.
The Telegraph has obtained a draft of the pre-decisional contract, marked "Privileged & Confidential' and dated Feb 7 2025. It states that the US and Ukraine should form a joint investment fund to ensure that "hostile parties to the conflict do not benefit from the reconstruction of Ukraine".
The agreement covers the "economic value associated with resources of Ukraine", including "mineral resources, oil and gas resources, ports, other infrastructure (as agreed)", leaving it unclear what else might be encompassed. "This agreement shall be governed by New York law, without regard to conflict of laws principles," it states.
The US will take 50pc of recurring revenues received by Ukraine from extraction of resources, and 50pc of the financial value of "all new licences issued to third parties" for the future monetisation of resources. There will be "a lien on such revenues" in favour of the US. "That clause means 'pay us first, and then feed your children'," said one source close to the negotiations.
It states that "for all future licences, the US will have a right of first refusal for the purchase of exportable minerals". Washington will have sovereign immunity and acquire near total control over most of Ukraine's commodity and resource economy. The fund "shall have the exclusive right to establish the method, selection criteria, terms, and conditions" of all future licences and projects. And so forth, in this vein. It seems to have been written by private lawyers, not the US departments of state or commerce.
President Zelensky himself proposed the idea of giving the US a direct stake in Ukraine's rare earth elements and critical minerals on a visit to Trump Tower in September, hoping to smooth the way for continued arms deliveries.
He calculated that it would lead to US companies setting operations on the ground, creating a political tripwire that would deter Vladimir Putin from attacking again.
Some mineral basins are near the front line in eastern Ukraine, or in Russian-occupied areas. He has played up the dangers of letting strategic reserves of titanium, tungsten, uranium, graphite and rare earths fall into Russian hands. "If we are talking about a deal, then let's do a deal, we are only for it," he said.
