[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 100 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. RES. 100
Condemning illegal Russian aggression in Ukraine on the three year
anniversary of the annexation of Crimea.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2017
Mr. Brown (for himself, Mr. Portman, Mr. Durbin, Mr. McCain, Mrs.
Shaheen, Mr. Rubio, Mr. Coons, Mr. Gardner, Ms. Klobuchar, Mr. Cornyn,
Mr. Peters, Mr. Toomey, Mr. Blumenthal, Mr. Casey, Mrs. Feinstein, and
Mr. Johnson) submitted the following resolution; which was referred to
the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Condemning illegal Russian aggression in Ukraine on the three year
anniversary of the annexation of Crimea.
Whereas the illegal Russian military occupation of the Crimea region of Ukraine
is an affront to international norms, an unprovoked aggression, and a
threat to regional stability;
Whereas Russian President Vladimir V. Putin has a history of regional
aggression, including the Russian invasion of the South Ossetia and
Abkhazia regions of the Georgia in 2008 and intervention in favor of the
breakaway region of Transnistria in Moldova in 1991-1992;
Whereas Article II of the Charter of the United Nations states that ``all
members shall refrain in their international relations from the threat
or use of force against the territorial integrity or political
independence of any state'';
Whereas, in 1994, the United States, the Russian Federation, the United Kingdom,
and Ukraine signed the Budapest Memorandum, in which all parties pledged
to respect and uphold Ukraine's sovereignty and territorial integrity in
exchange for Ukraine voluntarily giving up the world's third-largest
nuclear arsenal, which it inherited following the collapse of the Soviet
Union;
Whereas a failure of the United States to uphold the terms of the Budapest
Memorandum would have significant consequences for the credibility of
United States guarantees related to nuclear nonproliferation and
undermine America's commitment to the principle of the inviolability of
national borders;
Whereas an association agreement between Ukraine and the European Union was
signed in 2014, a move which will strengthen ties with Europe and which
President Poroshenko described as Ukraine's ``most important day'' since
it secured its independence in 1991;
Whereas, on February 28, 2014, Russian forces in unmarked uniforms occupied
strategic civil and military infrastructure in Crimea and provided
support to pro-Russian militias and activists as part of a coordinated
strategy to seize control of Crimea and create the illusion of an
organic, local rebellion against oppressive Ukrainian authorities;
Whereas, on March 18, 2014, following a fraudulent public referendum that was
boycotted by most Crimean Tatars and Ukrainians and conducted under the
shadow of Russian military forces, President Putin signed a treaty
annexing Ukraine's Crimea region, which was immediately met with
condemnation by the United States and the international community;
Whereas, on July 17, 2014, Malaysia Airlines flight MH17 was shot down near the
village of Grabove over rebel-held territory, killing the nearly 300
people onboard, an attack for which the Dutch Safety Board concluded
that the Russian-backed separatists were responsible;
Whereas the Government of Ukraine and Russian-backed rebels agreed to a now-
failed cease-fire (``Minsk I'') on September 5, 2014, which called for
the withdrawal of ``illegal armed groups as well as militants and
mercenaries from the territory of Ukraine'';
Whereas a Memorandum was signed by parties to Minsk I on September 19, 2014,
outlining their understanding of and obligations to the agreement;
Whereas the fragile cease-fire established by the Minsk I agreement deteriorated
following heavy fighting in the Donetsk region, which included
operations by Russian-led separatists and regular Russian forces;
Whereas the Minsk II Agreement signed on February 12, 2015, by the Russian
Federation, Ukraine, Germany, and France, included the withdrawal of all
foreign armed groups, weapons, and mercenaries;
Whereas, on February 25, 2015, General Philip Breedlove, NATO Supreme Allied
Commander, said that the state of affairs in Ukraine is ``getting worse
every day'' and the Russian Federation has no intention of retreating
from Ukraine until its ``objectives are accomplished'';
Whereas Russian-backed separatists continue to shell parts of Ukraine and
separatists have executed Ukrainian servicemembers, both in direct
violation of the negotiated cease-fire;
Whereas aggression by Russian-led separatist forces in Avdiivka in early
February 2017 sparked the worst fighting since 2015 and resulted in
significant damage to civilian infrastructure and the displacement of
thousands of civilians;
Whereas, despite President Poroshenko's statement that Crimea is still Ukraine,
and in the face of Resolution 68/262 adopted by the United Nations
General Assembly on March 27, 2014, which reiterated the sovereignty and
territorial integrity of Ukraine and stated that the referendum held on
March 16, 2014, had ``no validity [and] cannot form the basis for any
alteration of the status of the Autonomous Republic of Crimea or of the
city of Sevastopol'', the Government of the Russian Federation continues
to refer to Crimea as a ``region of the Russian Federation'', declaring
that ``of course the subject of our region is not up for discussion'';
Whereas the United Nations General Assembly adopted Resolution 71/205, which
condemned the ``abuses, measures and practices of discrimination against
the residents of the temporarily occupied Crimea, including Crimean
Tatars, as well as Ukrainians and persons belonging to other ethnic and
religious groups, by the Russian occupation authorities'';
Whereas, during a hearing held by the Committee on Foreign Relations of the
Senate on March 10, 2015, former United States Ambassador to Ukraine
John E. Herbst cautioned that President Putin is attempting to
``overturn the post-Cold War order established in Europe and Eurasia'';
Whereas the Government of the Russian Federation has previously cut off natural
gas to Ukraine as a bargaining chip;
Whereas the Government of the Russian Federation has gone to great lengths to
hide evidence of its military support, including deploying mobile
crematoriums to dispose of the bodies of servicemembers and classifying
the deaths of its servicemembers during peacetime a state secret;
Whereas the Government of the Russian Federation is directly arming, training,
supplying, and commanding separatist forces in eastern Ukraine, and
Russian military personnel maintain a regular presence inside the
territory of Ukraine;
Whereas Russia vetoed United Nations Security Council Resolution 2015/562, which
would have established an international tribunal to prosecute those
responsible for the downing of Malaysia Airlines flight MH17;
Whereas OSCE vehicles have been attacked in an attempt to intimidate Special
Monitoring Mission (SSM) personnel, with the deputy head of mission
Alexander Hug noting the attacks seemed to be ``aimed at stopping the
OSCE from reporting what is going on [in Donetsk]'';
Whereas Ukraine's National Security Council outlined a new military doctrine in
September 2015 that declared Ukraine's intention to achieve the criteria
for joining NATO;
Whereas Ukrainian leaders, including President Petro Poroshenko, have stated the
Government of Ukraine's desire to pursue closer cooperation with NATO
with the goal of potentially joining NATO in the future, with Rada
Speaker Andriy Parubiy stating in June 2016 that he is ``convinced that
for Ukraine, at the time of Russian aggression, NATO membership is the
strategic direction of our development'';
Whereas the United Nations has reported that, since the beginning of the
conflict, almost 10,000 people have been killed, including more than
2,000 civilians;
Whereas the United Nations International Children's Emergency Fund (UNICEF)
reports that nearly 600,000 children living in eastern Ukraine have been
deeply affected by the conflict and that 1,000,000 children in Ukraine
are in ``urgent need'' of humanitarian assistance, and the European
Union reports that a total of 3,800,000 people are in need of
humanitarian assistance;
Whereas the United Nations Working Group on Mercenaries in March 2016 raised
``deep concern'' about the conflict in Ukraine and called on Ukraine to
``ensure accountability for human rights violations committed by foreign
armed actors'';
Whereas the United Nations High Commissioner for Human Rights reports several
instances of pro-unity supporters and Crimean Tatar activists being
abducted or ``found dead in circumstances resembling a summary
execution'' alleged to be committed by ``the de facto authorities of
Crimea, or with their authorization, support or acquiescence'';
Whereas journalists have come under attack or arrest for speaking out against
Russian aggression, such as Pavel G. Sheremet, who was killed by a car
bomb in July 2016, and Mykola Semena, a reporter for Radio Free Europe/
Radio Liberty arrested in Crimea and currently on trial for writing that
Crimea was part of Ukraine;
Whereas NATO pledged, during the July 2016 NATO summit in Warsaw, to provide
additional training and technical support to the Ukrainian military and
re-endorsed a Comprehensive Assistance Package that will ensure the
Government of Ukraine receives further advisory support, enhanced
defense capabilities, and military training;
Whereas the United States Government has committed over $600,000,000 in security
assistance to Ukraine since 2014;
Whereas Congress has authorized the provision of defensive lethal assistance to
Ukraine in the Ukraine Freedom Support Act (Public Law 113-272), the
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92), and the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328);
Whereas, in 2014, President Barack Obama issued Executive Orders 13660, 13661,
13662, and 13685, which imposed sanctions blocking property of certain
persons and prohibiting transactions with respect to the Crimea Region
of Ukraine as a result of Russia's illegal annexation and military
aggression in Ukraine;
Whereas NATO Secretary General Jens Stoltenberg stated on November 21, 2016,
that NATO ``will never recognize the illegal annexation of Crimea, and
[NATO] continue[s] supporting the territorial integrity and sovereignty
of Ukraine'';
Whereas, on February 3, 2017, United States Ambassador to the United Nations
Nikki Haley stated, ``Crimea is a part of Ukraine. Our Crimea-related
sanctions will remain in place until Russia returns control over the
peninsula to Ukraine.'';
Whereas, on February 16, 2017, Secretary of State Rex Tillerson stated, ``As we
search for new common ground we expect Russia to honor its commitment to
the Minsk agreements and work to de-escalate violence in Ukraine.'';
Whereas, on March 13, 2017, the European Union extended sanctions against
Russian individuals and entities imposed because of the annexation of
Crimea by the Russian Federation;
Whereas United Nations Secretary-General Antonio Guterres on February 21, 2017,
stated that the United Nations ``remains committed to supporting the
peaceful resolution of the conflict in a manner that fully upholds the
sovereignty, territorial integrity, and independence of Ukraine'';
Whereas President Putin has made alarming claims about his views on Russian
territoriality, stating that Russia's border ``doesn't end anywhere'',
and has since announced that he ``[does not] regret anything'' about
annexing Crimea; and
Whereas Ukraine celebrated its 25th year of independence on August 24, 2016:
Now, therefore, be it
Resolved, That the Senate--
(1) condemns the Government of the Russian Federation's
illegal, unprovoked military occupation of the Crimea region of
Ukraine and continued aggression in eastern Ukraine, and
reiterates that it is the policy of the United States not to
recognize the de jure or de facto sovereignty of the Russian
Federation over Crimea or any other seized area in Ukraine, its
airspace, or its territorial waters;
(2) supports the vigorous enforcement of sanctions and
opposes the lifting of sanctions as long as Russia continues
its military aggression in Ukraine in violation of the Minsk II
Agreement;
(3) calls on the Government of the Russian Federation to
immediately end its support for the separatists in eastern
Ukraine, allow Ukraine to regain control of its internationally
recognized borders, and withdraw its military presence in
eastern Ukraine, including Crimea;
(4) declares that the United States Government must never
recognize the illegal annexation of Crimea by the Russian
Federation;
(5) urges the President of the United States, in
coordination with United States allies, to stand by Ukraine,
condemn continued Russian aggression, and use all possible
tools to combat Russian belligerence, including increased
economic sanctions, defensive lethal assistance, and democracy
and humanitarian assistance, as authorized by the Ukraine
Freedom Support Act, the Fiscal Year 2016 National Defense
Authorization Act, and the Fiscal Year 2017 National Defense
Authorization Act;
(6) urges the President of the United States to continue
United States support for the Ukrainian economy and civil
society, including continued support by international financial
institutions, such as the International Monetary Fund;
(7) condemns efforts by the Government of the Russian
Federation to intimidate and coerce nations in Eastern Europe
from strengthening their ties with NATO and the European Union;
(8) supports efforts by the United States Government and
United States allies to strengthen the energy sector in Ukraine
in order to reduce Ukraine's dependence on natural gas imported
from the Russian Federation;
(9) acknowledges the Government of Ukraine for its
commitment to reform and encourages it to continue
implementation of key reforms, including judicial reform,
greater parliamentary oversight, further implementation of
anti-corruption initiatives, including prosecutions and
convictions of major figures involved in corruption schemes,
budget and procurement transparency and accountability across
government, civilian control of the military, and improved end-
use monitoring and sustainment plans for United States security
assistance items;
(10) urges the President of the United States not to agree
to any final settlement of the conflict in Ukraine without the
consent of the Government of Ukraine;
(11) pledges continued support for all democratic allies
and partners of the United States facing increased Russian
aggression;
(12) reaffirms the commitment of the United States to the
Budapest Memorandum on security assurances;
(13) reiterates the obligation of all nations under the
United Nations Charter to respect the territorial integrity and
sovereignty of other nations;
(14) encourages United States allies in Europe to continue
their coordinated efforts to counter Russian aggression in the
region, including economic sanctions, increased defense
spending, and greater action against Russian disinformation and
propaganda in order to make clear that Russian efforts will not
go unchecked;
(15) calls on the Government of the Russian Federation to
provide greater access to the Organization for Security and Co-
operation in Europe's (OSCE) Special Monitoring Mission (SMM)
in order to ensure credible international monitoring of
compliance with the Minsk agreement; and
(16) calls on the Government of the Russian Federation to
engage seriously in dialogue with the Government of Ukraine--in
coordination with key international partners--in order to come
to an agreement that respects Ukraine's sovereignty, ensures
regional stability, and puts both nations on the path towards a
permanent cease-fire.
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