Roman Shemakov
Fundable Earth: The Mineral Sovereignty Regime
Trigger
When Beijing’s “Announcement No. 18: Export Control Measures on Medium- and Heavy-Rare-Earth Materials” came into force in early 2025, seven elements (samarium, gadolinium, terbium, dysprosium, lutetium, scandium, and yttrium) were removed from Chinese customs schedules overnight. Prices spiked over worries that the ban would expand to other critical minerals, fabs from Phoenix to Hsinchu idled, and NATO procurement schedules slipped by two fiscal quarters. The West was forced to search elsewhere.
Ukraine was suddenly recast as a mineral frontier. Soviet surveys conducted in the early 1960s were pulled out of archives, confirming deposits of beryllium, titanium, uranium, and high-purity graphite.
Five weeks later, Washington and Kyiv signed the United States–Ukraine Reconstruction Investment Fund (URIF-25), embedding the two dates into every prospectus that followed. Policymakers now refer to them simply as the “Twin Triggers.”
Legally, this was a Delaware limited partnership, but politically, it was a bilateral compact. The state’s upstream fiscal right to 50 percent of future royalty income became securitized as LP capital contribution. This accounting shift also reclassified military aid delivered after 2022 as paid-in equity, repayable from future dividends rather than from Ukraine’s public budget.
The US administration framed the arrangement as a mechanism to rebuild war-torn infrastructure and establish a new model of “self-repaying aid”: every MIM-104 Patriot shipment booked today is reclassified as Class A equity, repaid tomorrow through dividend flows from ore, concentrates, and downstream alloys. In reality, the U.S. International Development Finance Corporation (DFC) was appointed as de facto General Partner (GP), with unprecedented oversight over sovereign mineral extraction and infrastructure construction in Ukraine.
Levers
Two legal provisions embedded in the Fund’s design began to transform the logic of resource sovereignty globally:
Article II (b) Investment Opportunity Rights mandated that all mining or infrastructure projects in Ukraine’s extractive sectors seeking financing first be presented to the Fund. Ukrainian legislation, drafted with DFC counsel, made the Fund the statutory “first window” for any project seeking capital for mining, processing, or enabling infrastructure (e.g., bulk ports, rail, grid extensions). Every feasibility study now had to cross a Washington-based data room before a single drill core was logged. The incentive was speed: projects endorsed by URIF cleared customs, environmental permits, and World Bank political risk insurance in half the time. The trade-off was strategic disclosure; geophysical maps once ranked “state secret” were normalized as deal flow.
Article III (a) Market-Based Offtake Rights stipulated that once a project reached production, DFC retained the right to designate “aligned industrial consumers” for any extracted minerals at floating premiums over the London Metal Exchange three-month average. These offtake rights were framed as market instruments but functioned as “commodity escrowed” geopolitical hedges. American firms, often funded by CHIPS Act successors or defense-industrial consortia, were granted priority access to critical inputs for AI processors, hypersonic vehicle components, and battery-grade lithium.
Cascade
Sovereign–private equity hybrids proliferated and became a model across resource-rich, capital-poor regions. The European Investment Bank cloned them in its “Strategic Autonomy Minerals Envelope”; Tokyo did the same through the Japan Bank for International Cooperation’s “Supply-Risk Window.” Emerging-market governments, eager for infrastructure capital, accepted the trade-off: cheaper debt and instant offtake in exchange for diminished discretion. By 2028, Kazakhstan, Niger, and Mongolia signed similarly structured agreements. Venture capital terms such as drag-along rights and liquidation preferences migrated into sovereign diplomacy.
A stratified global mineral economy emerged. Tier 1 buyers, largely defense primes and hyperscale cloud operators, locked in tonnage a decade ahead. Tier 2 nations queued for residual spot volumes, paying volatility premiums that rippled into battery and AI-server pricing.
Original Equipment Manufacturers began to redesign supply chains around Funds rather than Special Economic Zones. “Fund-qualified” became an Environment, Social, and Governance (ESG) tag rivaling Fair Trade. Mid-tier states without Funds faced liquidity droughts as lenders priced geopolitical opacity into loan covenants.
As URIF-style vehicles proliferated, ministries of energy, finance, and even interior in participating states became, in practice, operating subsidiaries of their Funds. Cabinet memoranda increasingly cited Limited Partnership Agreements (LPAs) before constitutional clauses, because breach of a waterfall covenant, a priority order in which sale proceeds are distributed among stakeholders, triggered arbitration in New York, whereas breaching a campaign promise triggered only a news cycle. Constitutional lawyers labeled the shift “fiduciary inversion”: elected officials owed de facto loyalty to GPs who could call default, claw back dividends, or freeze capital tranches.
License royalties, port tariffs, and carbon credits were bundled into Special Limited Units, traded on secondary markets in Singapore and Luxembourg at yields one notch above emerging-market debt. Credit-rating agencies therefore rated a nation’s “LPA compliance risk” alongside its fiscal deficit. A downgrade for non-compliance with Offtake Rights covenants could raise borrowing costs faster than a missed IMF target, giving GPs leverage over parliamentary votes on mining codes, indigenous land rights, and tax holidays.
Inside Ukraine, the picture is mixed. Rail spurs, slurry pipelines, and a deep-water terminal in Odesa were financed at unprecedented speed; Mykolaiv State Polytechnic reopened with endowment income from a neighboring spodumene pit. Ukraine’s State Service of Geology and Mineral Resources evolved into a quasi-Securities and Exchange Commission, issuing “Mineral Prospectus Rules” for disclosure to foreign LPs.
Conversely, the parliament warned of a “Black Rock resource trap,” in which policy agendas are set by term-sheet metrics rather than electoral mandates. Miners in Poltava staged a “Royalties First” strike with the slogan “Vote ≠ LP Unit,” demanding provincial share-outs ahead of foreign LP distributions. In response, several Funds created “Community Side-Pocket Classes,” but these shares lacked voting rights and ranked junior in distributions.
URIF-25 transformed a wartime financing experiment into a model for governing resources through the discipline of private equity, recasting sovereignty in the language of term sheets, covenants, and distribution waterfalls. It delivered capital, market access, and geopolitical leverage at unprecedented speed, but also tethered legislative agendas to contracts enforceable in foreign courts. If the twentieth century’s great contest was between public and private ownership, the twenty-first is defined by a quieter inversion, where the state itself becomes a portfolio company, and the question is not who governs the resources, but who governs the fund that governs the state.
Roman Shemakov is an advisor at the Ministry of Economy of Ukraine.
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