This will be a short article. In it, I will show how a single clause in the US-Ukraine minerals agreement could lose the US taxpayer billions of dollars. The loss will occur in a manner that does not become evident for many years. This is annoying because one does not need a PhD in mathematical finance to see it. And yet… no one has pointed it out.

Remember, Zelensky first proposed this deal early in 2024, well before the election. Ukraine was losing and US support was waning. The idea was to justify US transfer of weapons to Ukraine by giving the US a “sweetener.” Following the election, the deal went through several evolutions. President Trump claimed it was a way for Ukraine to pay back the billions the Biden administration had poured into the country. The US would profit from Ukraine’s rich bounty of minerals and rare earths – even though no rare earths have yet been extracted.

This deal is about weapons. Remember that. Weapons transfers motivate this deal. It’ll take ten years to get a mine going. By that time, billions of dollars in the hole, the deal will have been forgotten. Let’s look at Clause VI.

Clause VI: How could this have been signed?

Clause VI (Point 5)

If, after the Effective Date, the Government of the United States of America delivers new military assistance to the Government of Ukraine in any form (including the donation of weapons systems, ammunition, technology or training), the capital contribution of the U.S. Partner will be deemed to be increased by the assessed value of such military assistance in accordance with the LP Agreement.

Let’s reduce this to a simple example we can draw on a napkin.  Suppose the Fund wants to build a rare earths mine for $100. According to the 50:50 terms of the deal, Ukraine puts up $50 and the US puts up $50. Ignore for the moment the small matter of where exactly Ukraine gets $50 (please, anywhere but the US). The two partners put up $50 each, build a mine, and 10 years later, the mine starts extracting rare earths and generates revenue to cover its expenses and return the original $100 invested.

Clause VI says that US contributions of weapons are capitalized and counted as contributions – investments – in the fund. Let’s say the US ships over a Patriot launcher that the Pentagon accounting office has valued at $50. Here’s what the fund looks like:

Ukraine Funding         $50 cash                                  Mine Project needs   $100 cash