President of Ukraine

Agreement on Security Cooperation between Ukraine and Portugal

28 May 2024 - 19:02

Preamble

1. Ukraine and Portugal (hereafter jointly referred to as “the Participants”) condemn in the strongest possible terms the Russian Federation’s illegal, unprovoked, unjustified and brutal war of aggression against Ukraine, which is a threat to international peace and security and a blatant violation of international law, including the United Nations Charter, the Helsinki Final Act, and the Charter of Paris.

2. Portugal is unwavering in its support for Ukraine’s freedom, independence, sovereignty, and territorial integrity, within its internationally recognized borders as of 1991, including the territorial sea, and recognises Ukraine’s inherent right of self-defence, in accordance with Article 51 of the United Nations Charter.

3. The Participants strive for a comprehensive, just, and lasting peace in Ukraine, based on the Ukraine’s Peace Formula, in line with international law.

4. The Participants acknowledge that progress in the implementation of Ukraine’s ambitious reform programme will strengthen Ukraine’s security and prosperity, which are key to accomplish its European and Euro-Atlantic aspirations, including in its path towards European Union and NATO membership.

5. Together they recognise that Ukraine’s defence, recovery, reform, and European and Euro-Atlantic aspirations are mutually reinforcing and should be approached in a synergetic and complimentary manner.

6. The Participants underline their willingness to further strengthen their standing bilateral relations, including in the political, defence, security, economic, scientific and cultural fields.

7. This Agreement builds upon the Joint Declaration of Support for Ukraine adopted in Vilnius on 12 of July 2023 by the G7 Leaders, European and international partners.

 

Part I: Scope

8. The Participants have decided to affirm, deepen, and expand their cooperation and partnership, based on their common interests in the defence of international law and order, peace, and the protection of fundamental rights and freedoms.

9. The Participants reaffirm that Ukraine’s security is integral to Euro-Atlantic and global security and that Ukraine’s future membership of NATO would make an effective contribution to peace and security in Europe. The Participants will coordinate and strengthen joint efforts to support Ukraine’s path towards its future accession to NATO.

10. Portugal will provide unwavering support in order to enable Ukraine to:

a. exercise its legitimate right of self-defence and resistance against future armed attacks;

b. protect and restore its territorial integrity within its internationally recognised borders;

c. strengthen its economic stability and resilience, including through recovery and reconstruction, creating the conditions conducive to promoting Ukraine’s economic prosperity; and

d. pursue the implementation of reforms which are essential to realising its European and Euro-Atlantic aspirations, including in its path towards European Union and NATO membership.

11. The Participants have, therefore, committed to strengthen their security cooperation by pursuing bilateral and long-term security commitments.

12. Portugal is committed to continue to provide medium and long-term military, political and financial support, as well as humanitarian assistance and civil protection support to Ukraine, which shall be determined in detail through consultations between the Participants and take into account Ukraine’s contingent needs.

 

Part II: Security and Defence Cooperation

Defence Cooperation

13. In 2024, Portugal has committed to provide Ukraine with at least 126 million EUR of military support, including in-kind and financial contributions. Portugal has already committed 100 million Eur to the Czech initiative for ammunition purchase in support of Ukraine. Portugal will further contribute to additional military support to Ukraine, including to be agreed in the framework of the European Union, NATO and other relevant international fora.

14. Since 2022, Portugal has comprehensively supported Ukraine bilaterally and through the European Union and NATO, inter alia by providing lethal and non-lethal military equipment, including Leopard 2A6 main battle tanks, UAV systems, M113 armoured personnel carrier vehicles, M113 and M577 armoured rescue and medical evacuation vehicles, and other military equipment. Portugal is also part of the F16 Coalition and the International Maritime Capability Coalition and the large calibre ammunition joint procurement programs led by Czech Republic and the European Defence Agency.

15. The Participants will work together, and with other Partners, to ensure that the security and defence forces of Ukraine are able to restore Ukraine’s territorial integrity within its internationally recognised borders as of 1991, as well as to contribute to their modernization, in order to enhance their ability to repel any possible armed aggression and their interoperability with NATO forces.

16. Underpinned by the Agreement between the Portuguese Republic and Ukraine Concerning Military Cooperation signed in 2008, the Participants will cooperate on ensuring a sustainable force capable of defending Ukraine now and deterring future aggressions. To this end, Portugal will support Ukraine in defending its sovereignty and will provide Ukraine with timely security assistance, military equipment, and other key capabilities, across land, air, sea, space and cyber domains according to its possibilities, as required by present and future circumstances.

17. The Participants will cooperate on coordinating activities focusing on the modernisation of the security and defence forces of Ukraine with the aim of providing Ukraine with a credible deterrent against future foreign aggression and to enhance interoperability with NATO forces. This includes the development of a modern defence sector in Ukraine, and a pathway to a future in NATO.

18. The Participants propose to establish cooperation enabling Ukraine to develop comprehensive military capabilities, inter alia, in the following fields:

a. Structural support for reform of the defence sector, including support work on defence governance and policies to support the Ministry of Defence of Ukraine in a structural manner;

b. Training of the Ukrainian security and defence forces, in a national capacity and in the European framework, including train-the-trainers programmes;

c. Support in addressing hybrid threats, including cyber-defence and resilience initiatives;

d. Assistance to the Ukrainian system of medical support for the treatment and rehabilitation of Ukrainian service persons;

e. Support to the development of the Ukrainian security and defence forces, including enhancing interoperability with NATO standards;

f. Military equipment, including through industrial cooperation, armament, defence equipment and products across land, air, sea, cyber and space domains, prioritising Ukraine’s key capability needs.

19. Portugal will continue to provide military support to Ukraine on a bilateral basis and through multilateral instruments, including via NATO’s Ukraine Comprehensive Assistance Package (CAP), the European Union’s Ukraine Assistance Fund (UAF) under the European Peace Facility (EPF), and through other Capability Coalitions. Portugal, alongside fellow international partners, will continue to participate and actively engage in international formats such as the Ukraine Defence Contact Group (UDCG) to closely coordinate international military support to Ukraine.

Ukraine’s Future Defence Forces’ Capabilities

20. Portugal supports Ukraine’s Future Defence Forces’ Capabilities and will continue to take part, bilaterally and with partners (e.g. within the European Union, NATO and the UDCG), in the international endeavour to support the modernisation of the Defence Forces of Ukraine, including its non-military security components, to improve its interoperability and accelerated transition to NATO standards.

21. Portugal will continue to support plans and governance structures in the framework of the UDCG, thereby contributing to the effective implementation of its Capability Coalitions.

22. Portugal will contribute to building and strengthening Ukraine’s Air Force and air defence as a member of the Air Force Capability Coalition (AFCC). Portugal, within its means, capabilities and possibilities, will support efforts aiming at securing a holistic F-16 capacity through the AFCC, including with training, maintenance and donation of equipment.

23. Portugal will co-lead a line-of-effort in the International Maritime Capability Coalition and will consider participating in other capability coalitions, as appropriate and on a case-by-case basis.

24. The combined effect of these efforts will contribute to improving the interoperability of the Defence Forces of Ukraine as it moves closer to NATO standards. The combined effect of these efforts will contribute to developing Ukraine’s Future Defence Forces’ Capabilities across all domains and enhance its interoperability with Euro-Atlantic partners.

Training and Exercises

25. Portugal will continue and expand, as appropriate, its support in strengthening the capacity of Ukraine’s security and defence forces personnel, including through the European Union Military Assistance Mission (EUMAM) and the Advisory Mission (EUAM) in support of Ukraine.

26. Portugal will provide individual and collective training to the security and defence forces of Ukraine including train-the-trainers programmes, particularly on weapon systems supplied by NATO Allies. The training will also promote increased interoperability with Euro-Atlantic partners. Training will be provided in close cooperation with partners within the European Union and NATO and in compliance with applicable national, European Union and international law.

27. Portugal, whenever possible, will seek to promote the participation - as observers or full participants - of Ukrainian security and defence forces personnel in its security and military exercises.

28. Ukraine and Portugal will share lessons learned on systems and tactics.

29. The Participants, through the respective Ministries of Defence, will engage in cooperation to develop Ukraine’s system of military education to align it with NATO principles and standards.

Defence Industry Cooperation

30. The Participants recognise the importance of continuing the cooperation between their defence industries and will strive to identify opportunities for closer defence partnerships and examine ways to encourage and facilitate engagement of their defence sectors along the industrial value chains, including through the European Defence Industrial Strategy (EDIS) and the European Defence Industry Programme (EDIP).

31. The Participants commit to continue working in support of the development of Ukraine’s defence industrial base, and to identify the opportunities for defence and security industry capability development and investment in Ukraine.

32. The Participants 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.

33. Portugal will support, where possible, Ukraine’s efforts to integrate its defence industry into NATO and the European Union defence standards and security frameworks.

34. Bilateral cooperation in this specific field can include, among others:

a. Education and training, in accordance with the needs and possibilities of the Participants on technology and defence industry;

b. Development, creation, modernization, reparation and provision of other military-technical products and services;

c. Transfer of technology and provision of technical support in establishing production of armament and military material;

d. Support for the development of supply chains for key materials and components required for Ukraine's defence product manufacture;

e. Exchange of information and experiences on standardisation, certification and quality control of defence products for the implementation of joint programs;

f. Protection of transferred technologies and intellectual property rights for results and objects of intellectual property related to design and production of armament, ammunition and military material.

35. Portugal will work with Ukraine to identify funding sources required to enable development of Ukraine’s defence industrial base, which will include, within its means and possibilities, investments and financial assistance, in particular in the time of war and post-war recovery.

Demining

36. Portugal, within its means and possibilities, can assist combat demining efforts, thereby contributing to the complete clearance of the entire territory of Ukraine from mines and explosive devices and substances.

Maritime Security

37. The Participants will seek to coordinate their efforts on strengthening international cooperation in the domain of maritime security in accordance with the United Nations Convention on the Law of the Sea and other international legal instruments. They will work on options for the development of Ukraine’s naval capabilities, including to improve the interoperability of Ukrainian and NATO Navy forces.

 

Part III: Cooperation in the Event of Future Armed Attack

38. In the event of a future armed attack in violation of the United Nations Charter by the Russian Federation, at the request of either of the Participants, bilateral consultations between the Participants would take place within 24 hours to determine appropriate next steps.

39. Portugal affirms that in those circumstances, and acting within its means and capabilities and in accordance with its respective legal and constitutional requirements and with international and European Union’s rules and law, it would provide Ukraine, as appropriate, with swift and sustained support in the field of security and defence, and economic assistance, seek agreement in the European Union to impose economic and other costs on the Russian Federation and consult with Ukraine on its needs as it exercises its inherent right of individual self-defence enshrined in Article 51 of the United Nations Charter.

40. In order to ensure the widest and most effective collective response to future armed attacks, the Participants may amend these provisions so as to align them with any mechanism that they may subsequently agree with other international partners, including the subscribers of the G7 Joint Declaration of 12 July 2023.

 

Part IV: Other Military and Non-military Security Threats

Hybrid Threats

41. The Participants will cooperate in countering hybrid attacks from Russia and its proxies.

42. The Participants reaffirm their commitment to defending their open and democratic societies against these malign activities. The Participants remain united in their efforts to defend themselves against and counter hybrid threats. Portugal will continue to support initiatives to counter hybrid threats within the European Union, NATO and relevant international coalitions. The Participants intend to continue to learn from each other and support each other to strengthen resilience in the face of hybrid challenges.

Cybersecurity

43. The Participants will work together to enable Ukraine to detect, deter and counter any hostile states' cyber operations, including cyber espionage and sabotage, including through greater cyber resilience and critical infrastructure protection. This will be achieved through information sharing, conducting joint operations and providing technical assistance to Ukraine, within the legal boundaries and upon the availability of information and expertise.

44. The Participants will work towards deepening Ukraine’s cooperation with NATO structures on cybersecurity.

Countering Chemical, Biological, Radiological, and Nuclear Risks

45. The Participants will work towards developing cooperation to strengthen their resilience against Nuclear, Biological and Chemical Weapons related risks. Portugal intends to explore avenues of support to Ukraine in developing its civil protection capabilities and resilience against CBRN-related risks.

Combating Information Manipulation and Propaganda

46. The Participants will work to strengthen their cooperation to counter information security threats, including propaganda and other forms of foreign interference, primarily emanating from the Russian Federation. The Participants will strive to mutually support each other in countering those threats and strengthening resilience.

47. The Participants will enhance cooperation to improve Ukraine's capabilities to counter foreign interference and manipulation of information, primarily Russian propaganda and disinformation campaigns.

Intelligence and Security Cooperation

48. The Participants will continue to enhance their cooperation in the field of intelligence and security. This will be achieved through intelligence sharing and cooperation, including in the field of counterintelligence and counterterrorism, and improving the channels for the swift strategic intelligence exchange concerning national security threats and early warning.

49. Portugal will contribute to supporting the enhancement and reform of Ukraine’s security and intelligence architecture capabilities through the exchange of experience, best practices and lessons learned, including the development of joint educational and training programmes for their respective intelligence.

Cooperation in the sphere of combating serious and organised crime (SOC)

50. Where security and safety conditions permit, the Participants will take actions to counteract the activities of serious organised crime, 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.

Strengthening Resilience and Protection of Critical Infrastructure

51. Portugal will continue to support Ukraine to enhance protection, reconstruction and the resilience of critical infrastructure on the bilateral base and within the European Union, NATO and relevant international coalitions. The Participants intend to explore areas for enhanced international cooperation with a view to exchanging knowledge and best-practices in the realm of critical infrastructure capabilities in various sectors.

 

Part V: Humanitarian aid, Recovery and Reconstruction

Humanitarian Aid

52. 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.

Recovery and Reconstruction

53. Portugal, together with international organisations and partners, is committed to supporting Ukraine throughout its path from early to long-term recovery, in line with Ukraine’s European perspective and its status as a European Union candidate country.

54. Portugal is committed to provide support to Ukraine in the field of reconstruction, namely of the education sector. The Participants intend to stimulate the participation by their respective private sectors in the recovery and reconstruction efforts. The authorities of Ukraine will ensure that the support received for the purposes of recovery and reconstruction is used in a manner that is efficient, transparent and accountable.

 

Part VI: Political Cooperation

Comprehensive, Just and Sustainable Peace

55. The Participants recognize that neither Ukraine nor the whole of Europe will be secure until Ukraine’s territorial integrity is fully restored within its internationally recognized borders and a comprehensive, just and sustainable peace, that respects Ukraine’s rights under international law, including the United Nations Charter, is put in place.

56. Portugal will continue to participate committedly in global outreach efforts, in cooperation with Ukraine and other partners, to ensure the widest possible international support for the key principles and objectives of Ukraine’s Peace Formula and participation in the high-level meetings in this framework.

Accountability

57. The Participants reaffirm their commitment to holding the Russian Federation accountable for causing losses or damage to individuals and entities, as well as to the state of Ukraine, as a result of its internationally wrongful acts in Ukraine or against Ukraine, including its aggression in violation of the United Nations Charter.

58. The Participants reaffirm that there must be no impunity for war crimes and other atrocities and that the Russian Federation must bear the legal responsibility, including making reparation for any damage caused by such acts, which will also help deter future attacks and support Ukraine’s recovery.

59. The Participants will seek to hold to account those responsible for war crimes and other international crimes, committed in or against Ukraine in the context of the Russian Federation’s illegal war of aggression, consistent with international law, including by supporting the work of the Office of the Prosecutor General of Ukraine and the International Criminal Court to ensure allegations of war crimes are fully and fairly investigated by independent, effective and robust legal mechanisms.

60. The Participants share the conviction of the need to ensure accountability for the crime of aggression against Ukraine and will continue their engagement in the “Core group on options for the establishment of a tribunal on the crime of aggression against Ukraine”.

61. Portugal will support Ukraine to ensure the immediate release and return of all unlawfully detained, forcibly transferred and illegally deported civilians, primarily children. The Participants will contribute to international efforts to bring those responsible for organising the illegal deportation and displacement of Ukrainian children to justice according to the norms of international law and the decisions of international judicial institutions.

62. Portugal is committed to continuing its participation in the International Coalition for the Return of Ukrainian Children led by Ukraine and Canada, which was launched on 2 February 2024, and contributing to the achievement of the objectives set out in this Coalition’s Framework Document.

Compensation for Losses, Injuries and Damages caused by the Russian Aggression

63. The Participants reaffirm that the Russian Federation is to be held accountable for the damages inflicted in or against Ukraine. The Participants reaffirm that, also in view of the reconstruction of Ukraine, the Russian Federation is liable for compensation and must be held accountable for the damage, loss or injury arising from internationally unlawful acts committed by the Russian Federation against Ukraine, including the act of aggression. Russian sovereign assets should remain immobilised until the Russian Federation has paid for the damage it has caused to Ukraine. Portugal, working with its partners, will continue to explore all lawful routes consistent with applicable contractual obligations and in accordance with European Union and international law through which extraordinary revenues stemming from Russian assets could be used to support Ukraine.

64. The Participants recognise the need to work together towards establishing a mechanism to provide compensation for damage, loss or injury caused by Russian aggression, as also 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). In this regard, the Participants will explore appropriate options for the financing of a compensation mechanism to provide prompt and adequate compensation to victims of aggression.

Sanctions

65. The Participants recognize the value of sanctions in restricting the Russian Federation's and other aggressor-states' access to the finance, goods, technology and services it is utilising in its aggression, in bearing down on Russia's revenue streams, and to deter future attacks. The Participants will continue to work to ensure that the costs to Russia of its aggression continue to rise, including through sanctions and export controls.

66. As a European Union Member State, Portugal is committed to continue to support the approval and implementation of robust and legally sound sanctions to impede the Russian Federation’s ability to pursue its illegal war of aggression against Ukraine by cutting it off from key markets and technologies and by curbing revenue streams. Portugal is further committed to preventing the circumvention of sanctions through third countries and to ensuring their enforcement domestically for as long as Ukraine’s territorial integrity is not restored.

67. The Participants will provide each other with up-to-date information on the grounds for sanctions and other relevant information, in compliance with relevant obligations.

 

Part VII: Ukraine’s European and Euro-Atlantic Aspirations

68. The future of Ukraine and its people lies within the European family in the European Union. Portugal strongly supports Ukraine’s accession process and its efforts in implementing related reforms for its future European Union membership.

69. Portugal will continue to support Ukraine in establishing conditions for enhanced economic and trade relations leading towards Ukraine’s gradual alignment with the European Union Internal Market with the overall goal of Ukraine’s accession to the European Union.

70. Portugal will continue to support Ukraine on its path towards European Union membership and to offer practical guidance.

71. The Participants recall that Ukraine’s future is in NATO. Ukraine has become increasingly interoperable and politically integrated with the Alliance. The Participants recognize that Ukraine has made substantial progress on its reform path and will join NATO in the future, when Allies agree and conditions are met.

72. The Participants will cooperate in helping Ukraine make the necessary reforms on Ukraine’s path towards its future NATO membership.

 

Part VIII: Implementation of Cooperation

73. The Participants will implement this Agreement in accordance with their international and national obligations, as well as Portugal’s European commitments.

74. 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, including through holding annual senior-level Strategic Defence and Security Policy Dialogue.

75. The authorised bodies of the Participants can conclude executive and technical agreements on specific areas of cooperation within the framework of the implementation of this Agreement.

 

Part IX: Final Provisions

Status of the Agreement

76. The Participants recognize and accept that this Agreement does not have the status and the nature of the instruments referred to in Article 102 of the Charter of the United Nations, and is thus not susceptible to be registered with the Secretary-General of the United Nations.

Timeframe

77. This Agreement is valid for 10 (ten) years from the date of its signature.

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

79. At the same time and in accordance with the G7 Joint Declaration of 12 July 2023, the Participants intend this Agreement to remain valid as Ukraine pursues its path to future membership in the Euro-Atlantic community.

80. In the event Ukraine becomes a member of NATO before the expiry of this Agreement, the Participants will decide on its future status.

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

82. Any difference between the Participants in the interpretation and/or implementation of this Agreement will be resolved amicably through consultation between the Participants.

Termination

83. This Agreement may be terminated by either Participant by giving written notice of such intention to the other Participant.

84. This Agreement shall be terminated 6 (six) months from the date of receipt of such notice.

85. The termination will not affect the implementation of ongoing activities or projects decided upon prior to the date of its termination, unless the Participants decide otherwise. 

Amendments

86. Amendments to this Agreement, including annexes thereto, may be made at any time as mutually decided by Participants in writing.

Expenses

87. Any expenses incurred under this Agreement depend on the budget availability of each participant and are carried out in accordance with the laws governing its organisation and structure, as well as in compliance with the respective national law.

 

Signed in Lisbon on 28 May 2024, in duplicate, in Portuguese, Ukrainian and English languages, all texts being equivalent. In case of any divergence, the text in English shall prevail.

For Ukraine: President Volodymyr Zelenskyy

For Portugal: Prime Minister Luis Montenegro