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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 100 Introduced in Senate (IS)]

<DOC>

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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