Biden signed the lend-lease law for Ukraine: what does it give and how will it affect the course of the war with Russia - ForumDaily
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Biden signed the lend-lease law for Ukraine: what does it give and how will it affect the course of the war with Russia

US President Joe Biden signed historic Lend-Lease Act for Ukraine, reports Obozrevatel.

Photo: Shutterstock

It is symbolic that this important step, which could fundamentally change the course of the war, took place on May 9, the day Russian dictator Putin watched his army parade in Moscow.

This was announced by White House spokeswoman Angela Perez on Twitter. The signing became known at 22:12 Kyiv time.

The White House website reported the day before: “At 2:45, President Biden will sign the Lend-Lease and Defense of Democracy in Ukraine Act of 3522, S. 2022.”

“I want to thank the congressmen for passing this law. This is extremely important assistance for Ukraine. Every day, Ukrainians pay with their lives for what is happening. It is impossible to believe the atrocities that the Russian side is doing. These steps are costly for us, but hiding from aggression is more costly,” the American president said.

President of Ukraine Volodymyr Zelensky expressed his gratitude to Washington for its support in the fight for our freedom and future. The head of the Ukrainian state called the signing of the Lend-Lease law a historic step.

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“I am confident that we will win together again. And we will defend democracy in Ukraine. And in Europe. Just like 77 years ago,” the politician wrote on his Twitter page.

The document was supported by 417 US congressmen.

America revived the program for the first time since World War II, last operating in March 1941, and allowed the US to quickly resupply allies in the fight against Nazi Germany without time-consuming procedural obstacles.

The modern lend-lease arrangement will complement previous congressional support for Ukraine, which has already received $1,7 billion in military aid authorized since Russia launched its full-scale invasion on Feb. 24.

According to the approved program, Biden must ensure that deliveries of urgently needed weapons systems, ammunition and other forms of military assistance to Ukraine arrive quickly and without hindrance.

After the signing of the law by Biden, the United States will be able to supply Ukraine as quickly as possible and in unlimited quantities not only with weapons, ammunition and equipment, but also with medicines, food and in general everything that the Ukrainian army will need to effectively resist Russian aggression, finally defeat Russia and restore the territorial integrity of Ukraine within its internationally recognized boundaries.

The Atlantic Council publication previously stressed that thanks to the adoption of Lend-Lease by Congress and similar steps taken by democracies around the world, Ukraine can receive potentially unlimited military support from the United States and dozens of countries that want to defeat Russia. Moreover, according to the author of the publication, an honorary member of the Canadian International Council and the MacDonald-Laurier Institute, Chris Alexander, lend-lease can change the course of the war.

The Lend-Lease Act specifies that, during the 2022 and 2023 fiscal years, "the President may authorize the Government of the United States to lend or lease defense weapons to the Government of Ukraine or to the Governments of Eastern European countries affected by the Russian Federation's invasion of Ukraine," the Lend-Lease Act states. Channel 24.

What is lend-lease, what is the legal basis, opportunities and limitations

As Alexander Kondrasy, lawyer at A.S.A. Group JSC, explains, the relevant law S. 3522 on Lend-Lease provides for the conclusion of intergovernmental agreements on the transfer of lease or debt with deferred payment for the use of weapons from the range of the US military-industrial complex. That is, cooperation within the framework of Lend-Lease will be regulated by subsequently concluded intergovernmental agreements and the details of such interaction will become clear only after the publication of the agreements themselves, reports Фокус.

“Given that highly effective types of weapons will be supplied in large quantities with parallel training of Ukrainian Armed Forces fighters, the predicted restrictions for Ukraine may include the rules of partnership control over the movement and use of weapons laid down in intergovernmental agreements, the coordination of certain strategic or operational plans and goals, and the revision of supply specifications in case other countries are drawn into the conflict,” says Alexander Kondrasiy.

Recall that even before the adoption of the Lend-Lease law, Ukraine, after the Russian invasion, regularly receives military assistance from Western partners. However, experts emphasize the significant advantages of the new mechanism.

Dmitry Goryunov, senior economist at the Center for Economic Strategy (CES), cites the speed of assistance as the main strength of lend-lease, since the law gives the US president the authority not to coordinate it with Congress every time.

“The main difference from previously implemented military supplies is the volume, range and speed,” continues Alexander Kondrasy. — The maintenance of expensive modern weapons systems for each country is justified by its own military doctrine, therefore the transfer of even ten units of modern equipment or a thousand machine guns is accompanied by a number of lengthy interdepartmental procedures for the alienation of weapons and their simultaneous replenishment to maintain combat readiness. At the same time, Lend-Lease offers a systematic approach to the supply of weapons without reducing the donor country’s own defense capability.”

The expert adds that within the framework of lend-lease, a special internal procedure for the work of the US military-industrial complex is established, where significant budgetary resources are redirected, logistics mechanisms are adapted for the program, and NATO alliance tools are used.

However, lend-lease is not only of practical importance for Ukraine.

“This is not only an important and decisive step that should help Ukraine in repelling the Russian invasion, but also a political litmus test and a guide to action for the entire civilized world from the United States, as a trend setter and the main ambassador of a democratic worldview,” says Ed Olentsevich , lawyer at Kinstellar Law Firm. — The direct supply of material resources from the US government to Ukraine without the involvement of European and other public and private intermediaries will help alleviate political and social tension in a number of European countries that, while publicly declaring support for Ukraine, at the same time refuse such practical steps as the supply of lethal or offensive weapons."

Lend-Lease. Payment after winning

Probably, many Ukrainians, inspired by the anticipation of Lend-Lease, do not yet realize that this assistance is not provided on an irrevocable basis. That is, payment for lend-lease is provided, although it can be delayed in time. And modern weapons can be provided not forever, but for temporary use.

Lend-Lease will allow the American authorities to “lend” Ukraine the necessary weapons and more. Therefore, she will be able to use weapons “as long as they are needed and until they break.”

Payment for such a lease is symbolic. And it will be discussed after the war.

For example: The United Kingdom received $1940 billion in benefits in the 31s, and returned $1 billion (in 1940s prices), and that was paid for 50 years. The last payment was made in 2006. Interestingly, during the debates in Congress there were many parallels with World War II. In 1940, Churchill said: “The United Kingdom will fight Germany, for years if necessary, one on one if necessary!” Having provided $11 billion in aid to the USSR, the United States asked for $1,3 billion in payment after the war. In response, the USSR agreed only to $170 million.

Alexander Kondrasy clarifies that lease agreements under Lend-Lease should be concluded for a period of no longer than five years with an additional period for work on the restoration of damaged units within six months, and the conditions and terms of payments will be established under each individual intergovernmental agreement.

Experts note that payment will not necessarily be accepted in cash.

“The United States can achieve its national and geopolitical interests with alternative tools other than money,” Kondrasy notes. “An alternative to payment could be: preferential lease of territories for military bases or ports, favorable prices for the purchase of food, special partnership conditions for the implementation of significant energy, infrastructure or trade projects, etc.” The expert notes that the Lend-Lease law provides for the right of the US President to refuse to accept payment under the program, which further indicates the US interest in alternative payment options.

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“The law makes an exception regarding the mandatory return of assistance. In practice, this means that you will not have to return the equipment or money for it, or will have to at a significant discount and over a long period of time,” continues Dmitry Goryunov. To support his words, the expert recalls that after World War II, funds for equipment provided under Lend-Lease that were destroyed during hostilities were not subject to return. Surviving weapons could be returned and only if you wanted to keep them you had to pay.

That is, Ukraine's obligations under lend-lease can be quite loyal and flexible, but military assistance will have to be paid off in one way or another, at least partially.

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