Ukraine Freedom Support Act 2014: Missing only President’s OK

It was an historic nail biter.

With time running out before the midnight deadline that would have shut down the government, the House of Representatives on Thursday, December 11, kept the United States of America functioning and gave Ukraine a cornucopia of essential practical war materiel and funding to help it defend itself against Russia and stabilize its democratic government.

It was the most monumental US legislation about Ukraine since the days of congressional resolutions demanding the release of Ukrainian political prisoners in the Soviet Russian prison of nations.

The last-minute marathon of mobilizing support for the legislation was spearheaded by the Congressional Ukrainian Caucus, a bi-lateral group of legislators who support independent Ukraine, the Ukrainian National Information Service in Washington, DC, Ukrainian Americans and, thanks to social media, Ukrainians in Ukraine and around the world.

“Throughout more than three decades of my professional work, I have occasionally seen strong advocacy efforts on behalf of various Ukraine-related legislation, but never have I seen such intense, concentrated advocacy by the Ukrainian American community and other numerous friends of Ukraine as yesterday afternoon and evening to ensure House passage of S. 2828,” Ukrainian American Orest Deychakiwsky, senior ​​policy adviser of the US Helsinki Commission, was quoted as observing.

The Ukraine Freedom Support Act of 2014, passed by the US Senate and the House of Representatives, authorizes much needed practical American military aid and equipment with which Ukraine can defend itself against Russian aggression. It offers Ukraine funding and support for the country’s democratic development and civil society.

The legislation inevitably recognizes Russia’s culpability for invading and destabilizing Ukraine. It further notes that Russia is threatening Ukraine’s sovereignty and territorial integrity, which must be restored. It also personally chastises Vladimir Putin for waging war against Ukraine.

The law requires the imposition of additional sanctions on Russia, particularly on Rosboronexport, Russia’s main weapons exporter, as well as increasing licensing requirements for the sale of oil extraction technology to Russia. Any Russian company exporting weapons to Syria is also liable for sanctions. In addition, the bill contained a contingency, requiring the president to sanction Gazprom in the event that it interferes with the delivery of gas supplies to NATO members or to Ukraine, Georgia and Moldova.

“This legislation is the result of months of bipartisan work in the House and Senate to send an unmistakable message to Vladimir Putin and the entire world that the United States fully supports the people of Ukraine in their desire to remain an independent, democratic nation. Putin’s blatant disregard for Ukraine’s sovereignty demanded a bold response, and that’s exactly what this bill provides. Ukrainians are willing to fight to defend their country against Russian aggression,” said Senate Foreign Relations ranking member Bob Corker (R-TN), a sponsor.
“This legislation will help the Ukrainians match the military and intelligence capability of the Russians, who have provided weapons and other lethal aid to separatists in Donetsk, Mariupol and other portions of eastern Ukraine. I appreciate the relentless efforts of my colleagues here in the House, including House Foreign Affairs Chairman Ed Royce and Reps. Marcy Kaptur (D-OH) and Eliot Engel (D-NY), to ensure Ukraine has the defense articles, services and training and intelligence information needed to defend its territory and maintain its sovereignty.  I truly believe an independent, democratic Ukraine enhances the security of the United States and offers greater economic opportunity for citizens in both countries.”
Some of the key points of the legislation are:

“It is the policy of the United States to further assist the Government of Ukraine in restoring its sovereignty and territorial integrity to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe, the Caucasus, and Central Asia.

“That policy shall be carried into effect, among other things, through a comprehensive effort, in coordination with allies and partners of the United States where appropriate, that includes economic sanctions, diplomacy, assistance for the people of Ukraine, and the provision of military capabilities to the Government of Ukraine that will enhance the ability of that Government to defend itself and to restore its sovereignty and territorial integrity in the face of unlawful actions by the Government of the Russian Federation.”

“The President is authorized to provide defense articles, defense services, and training to the Government of Ukraine for the purpose of countering offensive weapons and reestablishing the sovereignty and territorial integrity of Ukraine, including anti-tank and anti-armor weapons, crew weapons and ammunition, counter-artillery radars to identify and target artillery batteries, fire control, range finder, and optical and guidance and control equipment, tactical troop-operated surveillance drones, and secure command and communications equipment.”

“There are authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015, $125,000,000 for fiscal year 2016, and $125,000,000 for fiscal year 2017 to carry out activities under this section.”

“The President shall instruct the United States permanent representative or executive director, as the case may be, to the relevant United Nations voluntary agencies, including the United Nations High Commissioner for Refugees and the United Nations Office for the Coordination of Humanitarian Affairs, and other appropriate international organizations, to use the voice and vote of the United States to support appropriate assistance for internally displaced persons in Ukraine.”

“The Secretary of State, the Secretary of Energy, and the Administrator of the United States Agency for International Development are authorized to provide assistance in support of, and to invest in short-term solutions for, enabling Ukraine to secure the energy safety of the people of Ukraine during 2014 and 2015.

“The Secretary of State and the Administrator of the United States Agency for International Development shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— strengthen the organizational and operational capacity of democratic civil society in Ukraine; support the efforts of independent media outlets to broadcast, distribute, and share information in all regions of Ukraine.”

“Congress makes the following findings: The Russian Federation is in violation of its obligations under the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly referred to as the ‘Intermediate-Range Nuclear Forces Treaty’ or ‘INF Treaty’). This behavior poses a threat to the United States, its deployed forces, and its allies. SENSE OF CONGRESS.—It is the sense of Congress that— the President should hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty; and the President should demand the Russian Federation completely and verifiably eliminate the military systems that constitute the violation of its obligations under the INF Treaty.”

Senate Foreign Relations Committee Chairman Robert Menendez (D-N.J.) noted: “The US Senate stands shoulder to shoulder in solidarity with the Ukrainian government and its people against the aggression of Vladimir Putin who continues to upend the international order. Meaningful assistance for the Ukrainian people is one step closer now to becoming a reality. This legislation sends a very direct message to President Putin who must change his calculus in Ukraine and abandon this disruptive path.  The territorial integrity of Ukraine must be restored and President Putin must understand that his destabilizing actions have serious and profound consequences for his country.”

The much needed success of pro-Ukrainian legislation at the US Congress was cheered by countless in Ukraine. “It’s hard to stop the flow of thoughts regarding victory in the USA… and thanks to thousands of people, who worked for the result,” Hanna Hopko, head of Committee on Foreign Affairs in Verkhovna Rada, wrote on her Facebook.

Sen. Richard Durbin said that the Ukraine Freedom Support Act is aimed at imposing additional sanctions on Russia and curbing Russian interference.

“This legislation builds on the sanctions President Obama has issued against Russia and sends a clear message to Vladimir Putin and his allies. The United States and Ukraine have built a strong friendship and this measure would curb Russian interference as Ukraine continues to chart its own course,” the U.S.-Ukraine Foundation quoted Sen. Richard Durbin (D-IL) as saying today. “The forcible seizure of sovereign territory at Russian gunpoint has no place in today's world and violates long-established international norms. That Putin thinks such aggression will help lift the aspirations and talents of the Russian people is an insult to them and the world.”

“It’s critical we continue to increase pressure on Mr. Putin while deterring future Russian aggression in Ukraine,” said Rep. Bill Pascrell, Jr. (D-NJ).  “The people of Ukraine have suffered for too long at the hands of pro-Russian separatists, who continue to threaten stability and security in the region.  This legislation is an important step towards reaffirming the United States’ commitment to helping the people of Ukraine defend themselves and preserve their territorial integrity.”
The Russians, obviously, despised the legislation and its supporters. As a matter of fact, just as with any American action in defense of Ukraine’s independence, Ukrainian political prisoners, or today’s independent development, Moscow was livid.

“The Ukraine Freedom Support Act adopted by both houses of the US Congress without debate and proper voting cannot but produce deep regret by its overtly confrontational contents,” the Russian Foreign Ministry’s spokesman Alexander Lukashevich said in the comment.

“Once again Washington is presenting unfounded, sweeping accusations and is threatening us with new sanctions,” he said, adding that “Russia will not yield to blackmail from the United States, will not sacrifice national interests and will not allow interference into internal affairs.”

Now it’s up to President Obama, who had urged Congress not to pass the legislation. Speaking at the White House Export Council on Thursday, Obama said the legislation would be counterproductive and create divisions with Washington's European allies. He is not yet convinced that Ukraine needs military hardware and that the US should provide it.

In deciding this point, President Obama should also take into consideration America’s security and global stability if Ukraine were to be lost to Russia on his watch. What would be the balance of power if Russia re-subjugates Ukraine and soon thereafter the other former captive nations, restores the iron curtain and the prison of nations, and installs nuclear weapons across the Russian empire and its colonies from the Caucasus, to Crimea, Poland and the Baltic Sea?

A word to the wise, Mr. President, sign the Ukraine Freedom Support Act when it arrives on your desk. You can be sure that Ukrainian Americans will be telephoning, faxing, emailing, blogging, posting and tweeting their opinion that you should sign it in a momentous ceremony of Ukraine-USA partnership.