Friday, February 16, 2024

Agreement on security cooperation and long-term support between the Federal Republic of Germany and Ukraine

 


The Federal Republic of Germany (“Germany”) and Ukraine, hereinafter “the Participants”, condemn in the strongest possible terms the unjustified, unprovoked, illegal and brutal war of aggression by Russia against Ukraine, by which Russia seriously violates international law, including the UN Charter.

Germany is unwavering in its support for Ukraine's independence, sovereignty, and territorial integrity within borders, which have been internationally recognised since 1991, including the territorial sea and free economic (maritime) zone.

The Participants acknowledge the sustainable, decisive support provided by Germany as well as European, G7 and international partners to strengthen, equip and train Ukraine’s security and defence forces as well as the comprehensive non-military assistance provided to the people of Ukraine to mitigate the humanitarian, social, economic and fiscal consequences of Russia’s war of aggression against Ukraine.

Together they will continue to strive for a just and lasting peace in Ukraine as well as for peace, security and stability on the European continent.

The Participants recall that Ukraine will continue to implement an ambitious reform programme and that Germany is dedicated to supporting Ukraine’s reform efforts. These are essential for its European and NATO aspirations.

The Participants underline their willingness to further strengthen their bilateral relations across all fields, including economic cooperation, strengthening resilience, supporting recovery, reconstruction and sustainable development as well as cultural exchange and cooperation, including fostering understanding and cooperation between the people of Ukraine and Germany.

They express grave concern in light of the mine contamination comprising up to 170.000 square kilometres of the territory of Ukraine.

Based on this, the Participants have jointly determined to strengthen their security cooperation through bilateral security arrangements and long-term support measures as set out in this Agreement:

 

I. Scope

1. This Agreement is intended to further the Joint Declaration launched by Germany and other members of the G7 in Vilnius on 12 July 2023 and subsequently joined to date by a further 25 states.

2. With this Agreement Germany and Ukraine have decided to affirm, deepen and expand their cooperation and partnership, which are based on their common interests in the defence of international law and order, peace, and the protection of fundamental human rights and freedoms.

3. Germany intends to provide unwavering support for Ukraine for as long as it takes in order to help Ukraine defend itself, restore its territorial integrity within its internationally recognised borders, secure its free and democratic future, enable Ukraine to continue providing services to its people and to uphold a functioning Ukrainian economy, and deter future Russian aggression.

4. Germany recalls that national budgetary provisions apply and require explicit authorisation from the German Bundestag.

 

II. Security and military assistance

1. Since Russia's full-scale invasion in 2022, Germany has been one of the largest suppliers of military aid to Ukraine. Germany will continue to support Ukraine in its efforts to defend itself for as long as it takes. The Participants recall the inherent right of states to individual and collective self-defence and the unlawfulness of all attempts to redraw borders by force. They reaffirm that Ukraine’s security is integral to Euro-Atlantic and global security.

2. Germany underlines its intention to provide long-term military support to the Ukrainian security and defence forces to fully restore Ukraine's territorial integrity within its internationally recognised borders and to equip and train Ukraine’s future forces with the capabilities they need in their effort to increase Ukraine's resilience so that it is sufficient to deter and defend against future attacks and coercion.

3. Germany will continue to promote joint procurement and other forms of armament cooperation together with European and international partners to strengthen the Ukrainian security and defence forces in particular through the lead nation model, and will encourage wide international participation in these ongoing German procurement efforts. Germany will continuously evaluate potential synergies and economies of scale in its national military procurement to the benefit of the Ukrainian security and defence forces. Germany will alongside other international partners continue to participate and actively engage in international formats such as the Ramstein Ukraine Defence Contact Group (UDCG) to closely coordinate international military support for Ukraine.

4. The Participants acknowledge that the military support provided by Germany will only be used in compliance with the United Nations Charter and in strict accordance with all relevant obligations for both Participants under international law. Any military support will be bound by end-use agreements. The Participants share the opinion that the illicit diversion of military items must be avoided. Germany acknowledges the prevention efforts of the Ukrainian side and international partners and intends to support these efforts where needed, through establishment of an appropriate end-use monitoring programme and required equipment.

5. In 2022, Germany provided Ukraine with military assistance worth a total value of 1.68 billion euro funded by the Federal Government’s security capacity building initiative. In 2023, Germany provided military assistance with a total value of more than 5 billion euro. In 2024, Germany has decided to provide financial means for military assistance worth a total value of 7.1 billion euro. Moreover, since 2022 additional authorisations to enter into commitments in the following years amounting to several billion euro have been made.

6. Germany will continue its support to Ukraine for the duration of this Agreement.

 

Ukraine’s future force capabilities

1. The Participants share the aim of establishing modern, interoperable and sustainable Ukrainian Defence Forces. Germany will support the development of the Defence Forces of Ukraine including (but not limited to): future force design, a move towards aligning concepts and operating procedures, command and staff training, and enhanced compatibility and interoperability with Euro-Atlantic partners.

2. The Participants will work together on ensuring a sustainable force capable of defending Ukraine now and deterring future aggression in the future, through the continued provision of security assistance and modern military equipment, across the land, air, sea, and cyber domains – prioritising air defence, artillery, armoured vehicles, including ammunition, and other key capabilities, and by promoting increased interoperability with Euro-Atlantic partners.

3. Germany will continue to support the Ukraine Future Forces Initiative, has taken over the lead role in the Capability Coalition “Integrated Air and Missile Defence” and contributes significantly to other Capability Coalitions, such as “Artillery”, “Armour”, “Maritime Security”, “IT”, “Drones” and “Demining”. Both the number and the type of participation in Capability Coalitions can be expanded in the future to include other Capability Coalitions.

4. Germany will support plans and governance structures for Capability Coalitions, both to deliver the future force, and also to ensure greater coherence in the provision of capability in the current war. Germany is working alongside other international partners to develop the governance framework for the Capability Coalitions. All the Capability Coalitions will improve the interoperability of Ukrainian and NATO forces.

 

Training and exercises

1. Germany will continue and where necessary expand its support in strengthening the capacity of Ukrainian security and defence forces personnel in particular but not exclusively under the framework of the EU Military Assistance Mission. Germany strives to provide individual and collective trainings to Ukrainian forces including train-the-trainers programmes, particularly on weapon systems supplied by Germany. The training will also promote increased interoperability with Euro-Atlantic partners. Training will be provided in close cooperation with partners within EU and NATO and in compliance with applicable national, EU and international law.

2. Germany will on demand also provide training and train-the-trainer sessions for law enforcement agencies, like Ukrainian National Guard and State Border Guard Service, and will continue material support to partner agencies in the law enforcement area.

 

Defence industries

1. The Participants recognise the importance of the cooperation of defence industries. Germany will examine ways to encourage and facilitate engagement of its defence industry to contribute to the development of Ukraine’s defence industrial base, including through German industrial investments and incentives to invest as appropriate, and strive to identify opportunities for closer defence industrial partnerships, and collaboration including for mutual commercial benefit and coordination. Germany will work with Ukraine to strengthen efforts to reduce existing barriers for cooperation, encourage its defence industry to invest, taking into account the general security situation and legitimate interests of its industry, including by evaluating options for supporting the localisation of production in Ukraine, as well as by exploring opportunities for joint production.

2. Germany will examine with Ukraine measures to mitigate existing supply chain bottlenecks impeding the development of capacity and capability of both Germany and Ukraine for manufacturing of priority weapons and ammunition.

3. Germany will encourage its defence industry to work with Ukraine, provide assistance to its industry to identify potential areas for cooperation, and further explore localising repair and maintenance in Ukraine, taking into account the general security situation and legitimate interests of its industry. Germany will work with Ukraine to strengthen protection of the transferred technologies and intellectual property rights. At the same time, Ukraine will protect these technologies and intellectual property.

4. Germany and Ukraine will consider ways to enable Ukraine’s defence industry to  contribute effectively to restoring its territorial integrity, acting as a major driver in economic recovery and to contribute to effective deterrence of future aggression, as well as the alignment of standards and improving interoperability with Euro-Atlantic partners.

 

Security and defence sector reform

1. Germany recognises the significant progress Ukraine has made in implementing reforms in the security and defence sector. Ukraine reiterates that it will continue to engage in comprehensive democratic reforms in the security and defence sector, in particular:

  • advance defence reforms and modernisation, including by strengthening democratic civilian oversight of the security sector, and
  • improve efficiency and transparency across Ukraine’s defence institutions and industry.

2. Germany will continue to assist and advise the reform and further development of Ukraine’s future forces, bilaterally and with partners.

 

Countering CBRN risks and cyber and hybrid threats

1. The Participants intend to further expand their existing bilateral cooperation to strengthen Ukraine’s resilience against nuclear, biological and chemical weapons-related risks. Germany intends in particular to continue its support to Ukraine in enhancing the nuclear safety and security of its nuclear plants, developing its civil protection capabilities against CBRN-related risks and enhancing its resilience against biosecurity risks. 

Germany and Ukraine intend to identify, detect and counter hybrid threats and to deter and disrupt Russian conventional aggression, espionage and hybrid warfare. The Participants will work together to secure IT infrastructure from cyber-attacks, while supporting the modernisation and reform of Ukraine’s security and intelligence architecture, including on cyber and information security issues and the provision of international technical assistance to Ukraine. The Participants strive to strengthen their resilience and law enforcement cooperation with regard to cyberattacks, cybercrime, and disinformation and to provide secure public services online. The Participants will continue their cooperation in providing IT-security training to Ukrainian cybersecurity experts based on EU standards.

2. The Participants intend to strengthen their cooperation to counter information security threats, including propaganda and other forms of foreign malign interference, including disinformation.

 

Intelligence and security cooperation

The Participants will enhance the cooperation in the field of intelligence and security in accordance with applicable legal requirements and possibilities. This will be achieved through, but not limited to, intelligence sharing and cooperation, including in the field of counterintelligence.

 

III. Economic stability, resilience and reconstruction, sustainable development

Economic cooperation

1. To strengthen and expand their existing economic cooperation, the Participants strive for their respective socio-economic wellbeing, promotion of small and medium sized enterprises (SME) and will provide a secure legal and institutional framework for substantial private sector investments, economic prosperity and economic integration of Ukraine as well as a conducive business environment for domestic and international investment in Ukraine.

2. In view of Ukraine’s European perspective, Germany will provide assistance for Ukraine to harmonise its regulations with EU standards. In addition, intensification of cooperation is intended in areas such as the construction industry, cybersecurity, digital transformation/Industry 4.0, the chemical industry, electronics/electrical engineering, the energy industry, agriculture, mechanical engineering, arms industry and green energy/hydrogen.

3. In addition to close and regular policy dialogue, this Agreement is expected to facilitate, inter alia, people-to-people exchanges on best practices and knowledge in order to encourage mutual learning, the shared development of effective policies; bilateral trade and investment; as well as joint research, development and demonstration.

 

Resilience of energy and other critical infrastructure

1. Energy supply security remains crucial for Ukraine’s resilience. Building upon the G7+ support for Ukraine’s energy infrastructure, Germany will continue to provide long-term support to Ukraine’s overall energy sector with a special focus on green energy transition.

2. The Participants will work to accelerate both short-term commitments and long-term economy-wide net zero goals, identify areas for enhanced bilateral cooperation and facilitate energy efficiency, renewable energy as well as innovative and sustainable energy and climate technologies and services to support economic growth and well-paid jobs in both countries. Germany will support Ukraine in enhancing the resilience of its critical infrastructure, particularly energy, water and heat infrastructure.

3. Germany will contribute to the development of Ukraine's critical infrastructure protection capabilities, as well as to the access of Ukrainian specialists to relevant international programmes. Germany will engage Ukrainian specialists with experience in critical infrastructure security to implement relevant projects on its territory and in partner countries. The Participants will launch joint educational and training programmes for critical infrastructure protection specialists.

4. Germany will work with Ukraine to identify sources of funding for grant programmes to develop the protection and resilience of critical infrastructure in various sectors.

5. The Participants will contribute to the development of Ukraine's capabilities to defend against, deter and respond to threats to critical infrastructure by facilitating the availability of modern technological solutions in the field of critical infrastructure protection for its cybersecurity actors, including through the provision of international technical assistance to Ukraine.

 

Information security

1. The Participants will continue mutual cooperation in the field of countering Russian and any other information manipulation and propaganda.

2. They will jointly promote the development of Ukraine's capabilities to counter information security threats, take common measures to counter disinformation by foreign states and organisations, and strive to develop joint educational and training programmes for experts in the field of strategic communication and public diplomacy, regular exchange of experience and professional events involving experts in the field of strategic communication and public diplomacy.

 

Cooperation in the sphere of combating serious and organised crime

1. The Participants recognise that serious and organised crime (SOC), particularly Illicit Finance, to finance actions aimed at undermining Ukraine's sovereignty and territorial integrity, as well as its internal stability, but also other types of SOC, pose a threat to Ukrainian society.

2. The Participants intend to take actions to counteract the activities of SOC, in particular individuals and groups that are trying to infiltrate across Ukrainian society, have criminal influence in certain regions, including the temporarily occupied ones, and are actively used as a tool of "hybrid warfare" to counteract the processes of recovery and reconciliation in Ukraine.

3. In order to counter all types of activities of SOC, the Participants will take measures to:

  • conduct joint operations to detect and suppress SOC;
  • analyse the criminal situation in the countries and identify the main risks from SOC;
  • identify assets that may be seized in criminal proceedings or recognised as unjustified assets;
  • create joint working groups and joint investigation teams of prosecutors and other parties; and
  • facilitate the provision of training and sharing of best practices.

4. The above measures are not intended to be exhaustive, and the Participants may pursue other forms of cooperation to achieve their goals in combating SOC.

 

Recovery, reconstruction and sustainable development

1. Germany will together with its international and European partners and in close coordination with relevant International Organisations and International Financial Institutions continue to support Ukraine throughout its path from early to long-term recovery, with these efforts being aligned with Ukraine’s European perspective and its status as an EU candidate country. Germany and Ukraine will therefore continue to strengthen the Multi-agency Donor Coordination Platform initiated by the G7 as well as other coordination mechanisms for joint international efforts for reconstruction and encourage Ukraine’s reform agenda as well as private sector led growth.

2. Germany has been a major contributor to humanitarian and military demining in Ukraine. The Participants recognise the need to unite efforts aimed at protecting the population and territories of Ukraine from the negative consequences caused by mines and explosive remnants of war as a result of the Russian armed aggression and alleviating the devastating consequences after its completion. Given the extraordinary scope of the challenge caused by Russia’s massive contamination of Ukrainian soil through mines, ammunition and other explosive ordnance, Germany aims to continue providing substantial funding to humanitarian demining efforts alongside partners. Germany, in cooperation with other partners, will support Ukraine in developing and sustaining international demining standards in its operations.

3. Germany will continue to support recovery and reconstruction with the aim of supporting the use of regenerative materials and renewable energy sources, applying safe and sustainable climate-neutral technologies and protecting the natural resources and the vulnerable environment of Ukraine. The Participants will therefore also employ innovative approaches to recovery, and support digital transformation as well as energy efficiency and green energy transition. They concur that the recovery process needs to be transparent and accountable to the people of Ukraine and the international community.

4. The Participants underline the importance of the involvement of the private sector as well as of civil society and municipalities as drivers of an ambitious, inclusive, decentralised reconstruction process. The Participants aim to promote business-to-business as well as civil society exchanges between the two countries. Germany aims to support Ukraine by offering expert advice with a focus on good corporate governance, proactive management of state-owned companies, privatisation of state-owned companies and the professional management of funds for reconstruction. This includes capacity building with a particular focus on development and SME finance, building on successful existing initiatives such as the Business Development Fund. Efforts will also include education, professional training, psychosocial needs to overcome trauma, health support and assistance to vulnerable parts of the population, including veterans.

 

Humanitarian aid, civil defence and resilience

1. The Participants reaffirm that, as Ukraine begins early recovery and reconstruction, they will ensure the continuation of well-coordinated life-saving humanitarian aid where it is needed. The Participants will work together to ensure a better prioritised, targeted humanitarian response which delivers to those most in need, including in hard-to-reach areas.

2. The Participants reaffirm the aim to strengthen the Ukrainian state’s resilience and civil defence. Germany will continue its stabilisation engagement especially in liberated and frontline areas. German support will include responding to immediate needs, e.g. by providing protective equipment, supporting investigation and documentation of human rights violations and war crimes in relation to Russia’s war of aggression against Ukraine as well as support for Ukraine’s civil society.

 

Compensation for losses, injuries and damages caused by Russian aggression

1. The Participants reaffirm that the Russian Federation is to be held accountable for the damages inflicted on Ukrainian territory. Russian sovereign assets should remain immobilised until the Russian Federation has paid for the damage it has caused to Ukraine. Germany, working with its partners in the European Union  and within the G7, aims to continue to pursue all lawful routes through which revenues from Russian assets can be used to support Ukraine, in accordance with European and international law.

2. The Participants recognise the need for the establishment of an international mechanism for reparation of damages, loss or injury caused by Russian aggression, as envisaged by the Statute of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine adopted by the Resolution of the Committee of Ministers of the Council of Europe CM/Res(2023)3. The Participants will continue to work together with others, including G7 members, to explore all possible avenues to aid Ukraine in obtaining compensation from Russia, consistent with their respective legal systems and international law.

 

IV. Technical and financial support, reforms

Technical and financial support

1. Germany will persevere to support existing international and European frameworks and institutions in their endeavours to continue providing regular and predictable financial support to Ukraine.

2. The Participants intend to strengthen their cooperation in the field of customs, as well as in the field of financial market supervision, including public sector banks.

 

Ukraine’s reform process

1. The Participants reaffirm that inclusive reform is indispensable for Ukraine’s Euro-Atlantic aspirations as well as for its future security, prosperity, its democracy, and the resilience of its institutions.

2. Ukraine will continue its ambitious reform process with a particular focus on the reform areas set out for accession to the European Union (EU) and outlined in the European Commission’s recommendations of 8 November 2023, most notably justice, the rule of law, decentralisation, the fight against corruption and money laundering, security sector and state management which underscore Ukraine’s commitment to democracy and the rule of law, respect for human rights and media freedoms.

3. All reforms will be undertaken according to the priority reform areas set out for accession to the EU and the International Monetary Fund (IMF) benchmarks, and in close coordination with major donors, in particular the International Financial Institutions, the EU and the G7. Germany will continue to support Ukraine on this path.

 

V. Political cooperation

A just peace

1. The Participants recognise that Ukraine and the whole of Europe will not be secure until there is a just peace that respects Ukraine’s rights under international law and the UN Charter. Ukraine and Germany will therefore work together for a just and lasting peace that has broad global support.

2. Germany welcomes Ukraine’s efforts to create a just and sustainable peace, based on the principles of Ukraine’s Peace Formula. Germany is willing to play a leading role in taking forward steps to implement initiatives that reflect the principles of the UN Charter.

 

Accountability

1. The Participants underline their firm dedication to bringing to justice those responsible for war crimes and other atrocities committed in connection with Russia’s war of aggression against Ukraine. They concur on the need to ensure accountability for such crimes under international law committed by the Russian leadership and other Russian nationals and in particular by the members of the Russian armed forces on the territory of Ukraine through appropriate, fair and independent investigations and prosecution at the national or international level, and to ensure the indiscriminate enforcement of international humanitarian law with the view to prevent future crimes. The Participants will continue supporting the work of the Office of the Prosecutor General of Ukraine and the International Criminal Court to ensure that allegations of war crimes and other international crimes are fully and fairly investigated by independent, effective and robust legal mechanisms.

2. The Participants share the conviction on the need to ensure accountability for the crime of aggression against Ukraine and the establishment of a tribunal to ensure effective accountability. Therefore, Germany will continue its engagement in the “Core group on options for the establishment of a tribunal on the crime of aggression against Ukraine”.

3. The Participants recall that Ukraine will ratify the Rome Statute of the International Criminal Court including the Amendments on the crime of aggression adopted by the Review Conference of the Rome Statute held in Kampala, Uganda on 11th June 2010 by Resolution RC/Res.6, as mentioned in the EU-Ukraine Association Agreement and on the way to its membership in the EU.

 

VI. Future aggression

1. In the event of future Russian armed attack against Ukraine, at the request of either of the Participants, the Participants will consult within 24 hours to determine appropriate next steps.

2. Germany affirms that in those circumstances and acting in accordance with its legal and constitutional requirements and in accordance with international and European law, it would provide Ukraine as appropriate, with swift and sustained security assistance, modern military equipment across all domains as necessary, and economic assistance, seek agreement in the EU to impose economic and other costs on Russia, and consult with Ukraine on its needs as it exercises its right of self-defence enshrined in Article 51 of the UN Charter.

3. In order to ensure the widest and most effective collective response to any future armed attack Germany and Ukraine may amend these provisions in order to align with any mechanism that Ukraine may subsequently agree with its other international partners, including the participants in the Joint Declaration of 12 July 2023.

 

VII. Bilateral Relations and European Integration

Bilateral relations

1. The Participants will further develop their close and friendly relations in all areas, based on shared values, and an unshakeable solidarity in the face of Russia’s war of aggression against Ukraine and of common threats and challenges.

2. The Participants seek to work together even more closely in the future in the political, economic and cultural spheres. The future of Ukraine and its citizens lies in the EU, and Germany and Ukraine will engage together for a strong and unified Europe.

3. The Participants will further deepen their bilateral relations by further strengthening regular consultation formats.

 

European support, sanctions and European integration

1. In addition to this Agreement, Germany will also contribute to ongoing and future support to Ukraine provided by the EU.

2. The Participants will continue working to ensure that the costs to Russia for its aggression continue to rise, including through sanctions and export controls. The Participants recognise the value of sanctions in restricting the Russian Federation’s access to the finance, goods, technology and services it is utilising in its war of aggression, in bearing down on Russia's revenue streams, and to deter future attacks. Germany will work within the EU and G7 framework on upholding sanction pressure on Russia and on the fight against sanction evasion as long as Russia’s war of aggression against Ukraine continues and Ukraine’s territorial integrity is not restored. Germany will seek determined action within the EU to tackle all forms of sanctions circumvention as well as to reinforce its own domestic resilience against Russian-linked illicit finance and Kremlin-linked elites. Germany and Ukraine will provide each other with up-to-date information on the grounds for sanctions and other relevant information, in compliance with relevant obligations.

3. Germany will continue to support Ukraine on its path towards EU membership and to offer practical guidance.

4. Germany intends to support Ukraine’s efforts towards aligning with the EU Single Market with the overall goal of Ukraine’s accession to the EU. With a view to shared values, among which is an unwavering commitment to freedom, democracy and the rule of law, Germany and Ukraine will regularly review and update the implementation of this Agreement consistent with Ukraine’s international and bilateral commitments.

5. Germany will remain resolute in supporting Ukraine’s long-term efforts to secure its free and democratic future – for as long as it takes.

 

VIII. Final Provisions

Executive and technical arrangements

The Participants will, if necessary, designate authorised bodies for the development and implementation of bilateral agreements in accordance with the areas of cooperation specified in this Agreement.

 

Timeframe of the Agreement

1. This Agreement is valid for ten years from the date of its signature.

The Participants can jointly decide to extend this Agreement through notification no later than 6 months prior to the lapse of the 10-year period.

2. At the same time and in accordance with the G7 Joint Declaration of 12 July 2023, the Participants share the opinion that this Agreement is without prejudice to Ukraine pursuing a pathway toward future membership in the Euro-Atlantic Community

3. This Agreement may be amended and supplemented by mutual consent of the Participants, which will be made in writing.

4. The provisions of this Agreement will come into effect immediately upon signature.

5. This Agreement may be terminated by either Participant at any time. They should inform the other Participant by giving written notice to the other at least six months prior.

Signed, in Berlin on 16 February 2024, in duplicate in the German, Ukrainian and English language, all texts being equivalent.

 

For Ukraine: President Volodymyr Zelenskyy

For the Federal Republic of Germany: Federal Chancellor Olaf Scholz

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