This is what is happening.
The U.S. wants Ukraine to sign all three mineral deals, not one, today or else. (Yes, there are 3!). But this is legally impossible. The courts will annul 2 out of 3 deals later. Yet, the U.S. side insists.
Details: 1/
The U.S. wants Ukraine to sign all three mineral deals, not one, today or else. (Yes, there are 3!). But this is legally impossible. The courts will annul 2 out of 3 deals later. Yet, the U.S. side insists.
Details: 1/
Deal 1 is government to government. This is what Ukraine’s delegation is authorized to sign today. It wants to sign it. It is happy to sign it. The deal is good, fair. It is a win for Trump and a win for Ukraine (I know the details of the deal, but that’s not the point here) 2/
Then, there is implementation. Deal 2 is an agreement between the U.S. DFC and a Ukrainian agency to form a joint fund. That’s a commercial deal. It can’t be signed by the government of Ukraine 3/
It can be signed only by the agency and only after the Ukrainian Parliament ratifies Deal 1. This is Constitution.
It is different from the law in the U.S. but it nonetheless law. If it is violated, the deal is vulnerable to future legal attacks. 4/
It is different from the law in the U.S. but it nonetheless law. If it is violated, the deal is vulnerable to future legal attacks. 4/
Then, there is a technical deal 3 that specifies by laws of the new joint investment fund. 5/
But the U.S. wants a quick win and threatens to walk away if all 3 deals are not signed today 6/
I hope the cool heads prevail 7X
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