March 21, 2015

Senate Foreign Relations Committee hears testimony on Ukraine policy

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Frustration mounts as Obama declines to provide lethal aid

WASHINGTON – The chairman of the Senate Foreign Relations Committee (SFRC), Sen. Bob Corker (R-Tenn.), called into session two panels to hear testimony on President Barack Obama’s policy toward Ukraine to repel Russian aggression and push reform. Word of the president’s statement in diplomatic channels in February that his administration will not offer military assistance to Ukraine was the backdrop to the March 10 hearing.

In his opening remarks, Chairman Corker emphasized “the provision of lethal assistance aims to increase Ukraine’s defense capabilities in a way that will give Kyiv the ability to produce conditions on the ground favorable to a genuine peace process. By equipping Ukraine with the means to impose a greater military cost on Russia, the United States will be contributing to a quicker, fairer and more stable settlement of the conflict.” The administration’s inaction on providing military aid to Ukraine, which was likened to U.S. promises of military aid made to Syria in 2013, underscored the frustration evident in the hearing room.

Appearing on the first panel were Victoria Nuland, assistant secretary of state for European and Eurasian affairs; Vice Admiral Frank Pandolfe, director for strategic plans and policy for the Joint Staff Pentagon; Brian P. McKeon, principal deputy undersecretary of defense for policy; and Ramin Toloui, assistant secretary of treasury for international finance.

Despite arguing that Ukraine figures prominently in U.S. strategy in Europe and recounting the ways in which the U.S. is offering economic support to Ukraine, the panelists did not say the U.S. is prepared to offer Ukraine military assistance. It was clear that the administration’s objective is to affect Russian behavior by diplomatic means, which includes imposing sanctions that will hurt Russia economically.

Initially referring to the crisis in Ukraine as a “conflict” in her opening statement, during questioning Assistant Secretary Nuland quietly admitted that she is “comfortable with the word” “invasion” to describe Russia’s aggression in Ukraine. The administration is waiting for the Minsk accords to be implemented before proceeding to the next steps. According to Ms.  Nuland, the U.S. might “roll back sanctions [against Russia] when the ceasefire [Minsk 2] is fully implemented.”

Mr. McKeon’s testimony to the committee emphasized the assistance that the U.S. government has supplied Ukraine in the past year under the European Reissuance Initiative (ERI), which includes $118 million for the training of Ukrainian security services and the provision of modern equipment. An additional $120 million of security measures, including communications equipment, is scheduled for delivery within the next year. Notwithstanding the discussion of inaction, Sec. McKeon mentioned that officials are “working within inter-agencies in reviewing lethal weapons option.”

The committee’s ranking member, Sen. Robert Menendez (D-N.J.), sponsor of the Ukraine Freedom Support Act (UFSA) passed last December in a unanimous bipartisan show of support in Congress, mentioned a litany of foreign policy experts from former secretaries of state to national security advisors who have publicly called for military assistance to Ukraine.  The senator proceeded to question the administration officials about why the bill, signed by the president, still had not been implemented by him. Furthermore, a report the administration was required to submit by February 15 has yet to be completed. Sen. Menendez referenced a number of economic sanctions that have not been fully imposed, once again ignoring provisions of the UFSA.

Answers to questions posed by Sen. Jeanne Shaheen (D-N.H.), ranking member of the European Subcommittee, about when the administration will realize that the Minsk 2 ceasefire has failed seemed sparse. Having recently met with Ukrainian national deputies, the senator emphasized that lethal assistance has merely a symbolic impact, as the war has escalated.

The Obama administration’s delayed response to Russia’s aggression in Ukraine was repeatedly noted. Senators found the lack of a response on the part of the administration to Russia’s violation of the Budapest Memorandum of 1994 troubling. Sen. Chris Murphy (D-Conn.) inquired about U.S. obligations under the Budapest Memorandum, to which Assistant Secretary Nuland responded: “It was a political agreement amongst all four signatories that holds no legal binding measures.” Some senators therefore questioned the administration’s pursuit of a similar deal with Iran when the U.S. would not honor its political obligations to Ukraine.

Sen. Murphy continued by stating “I don’t buy that supplying Ukraine [with lethal military assistance] will escalate the war Putin is waging.”

An interesting round of questioning featured discussion of removing Russia from the SWIFT financial system. Sen. Cory Gardner (R-Colo.) mentioned that there should be coordinated efforts with European allies to counter Russian aggression.

Sen. Marco Rubio (R-Fla.) addressed the rationale of the Minsk peace process and treaty, which did not include provisions about the Crimean peninsula. “Why have any hope for peace knowing Putin’s goal (of not honoring the peace accords)?” the senator asked. Administration officials stated that Minsk is a test for Russia and, if it is not successful, the U.S. (and presumably Western allies) would impose additional costs.

The second panel featured John Kornblum, former U.S. ambassador to Germany, and John Herbst, former U.S. ambassador to Ukraine. Both faulted Russia for the growing instability in Europe. Ambassador Kornblum said the West is losing the narrative and thereby world opinion, while Ambassador Herbst described a Russia that he believes wants to have control over the post-Soviet space. Both called on the U.S. to be proactive.

Senate Foreign Relations Committee Chairman Corker underscored at the hearing that “the refusal of the administration to step up with more robust support for Ukraine and further pressure on Russia is a blight on U.S. policy.”