for future licences, the contract reserved “a right of first refusal for the purchase of exportable minerals” for the u.s., as well.
the income would be subject to an american lien, meaning the u.s. would have had to be paid first, before ukraine could see a penny from its own resource sector.
the open-endedness of the proposed agreement’s wording — particularly the reference to the fund’s control of “other infrastructure” — makes it unclear what exactly might have been encompassed by the overarching agreement. worse yet, it stipulated that it would operate under new york law, which meant that any future contractual disputes would have to be adjudicated in american courts outside ukraine’s control.
although the fund set out in the draft contract to ensure that “hostile parties to the conflict do not benefit from the reconstruction of ukraine,” its terms and conditions amounted to an annexation of the country’s natural resources.