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The Republic of Poland, Ukraine and the United States of America, hereinafter the "Participants",
RECOGNIZING the strengthening strategic relationship the Participants have enjoyed since the Republic of Poland joined the North Atlantic Treaty Organization (NATO) in 1999 and the European Union (EU) in 2004, and the long-standing cooperation among the Participants in the fields of security, energy, and commerce;
HAVING REGARD for the Joint Statement signed on September 18, 2018 in Washington, D.C., by the President of the Unites States Donald J. Trump and the President of the Republic of Poland Andrzej Duda, announcing the "U.S.-Poland Strategic Dialogue on Energy" and building upon the ensuing Memorandum of Understanding between the Republic of Poland and the United States of America on a Poland-U.S. Strategic Dialogue on Energy;
IN RECOGNITION OF the "U.S.-Ukraine Energy Security Dialogue" announced in September 2018, as well as the commitments of the Government of Ukraine to implement critical reforms, including within the energy sector, and the commitment of Ukraine to pursue increased harmonization with the European Union and its western allies, including the Republic of Poland and the United States of America;
ACKNOWLEDGING the practices of malign actors, including the Russian Federation, who use energy as a means of political and economic coercion, and the shared belief of the Participants that energy should never be used as a weapon;
RECALLING the natural gas supply manipulations and interruptions of 2006, 2009, 2014 and 2018;
IN SUPPORT OF the principles of transatlantic and European solidarity, and the objectives of enhanced regional integration;
CONSIDERING the increasing importance of projects such as Baltic Pipe, the expansion of the liquefied natural gas (LNG) terminal in Swinoujscie and the planned Floating Storage Regasification Unit (FSRU) in Gdansk Bay as significant investments contributing to the diversification of energy supplies throughout Europe;
COMMENDING the Republic of Poland and Ukraine in its efforts to seek the enhancement of its own energy security through commercial contracts with U.S. LNG suppliers; and
RECOGNIZING the energy security potential of enhanced natural gas cooperation among the states of Central and Eastern Europe to establish a liquid regional natural gas market, based notably on the impott infrastructure of the Republic of Poland and the significant storage facilities of Ukraine;
HA VE REACHED THE FOLLOWING UNDERSTANDING: The Republic of Poland and the United States of America are committed to working with the Government of Ukraine in the process of implementation of reforms in the natural gas sector and welcome the commitment of Ukraine to pursue increased harmonization with the European Union internal natural gas markets that will lead to the creation of a liquid regional natural gas market in Central and Eastern Europe.
The Participants will seek to promote the increased interconnection between the Republic of Poland and Ukraine through investment aimed at enhancing existing or building new cross-border natural gas infrastructure and the facilitation of cross-border trade, including natural gas reverse flow capacity.
The Participants will seek to continue their cooperation allowing for transparent and nondiscriminatory access to the underground storage facilities of Ukraine and associated cross-border infrastructure to provide for additional security of natural gas supplies for the countries of Central and Eastern Europe.
The Participants will seek to leverage their respective public and private sector capabilities, including through the application of appropriate finance facilities where necessary, to meet the regional energy objectives of the diversification of natural gas supplies and routes.
This Memorandum of Cooperation does not create any rights or obligations under international or domestic law and may be modified by mutual decision of the Participants expressed in writing.
This Memorandum of Cooperation becomes effective upon signature. Any Participant may discontinue this Memorandum of Cooperation at any time by giving written notice to the other Participants, and is expected to do so at least six months in advance of the effective date of discontinuation.
Signed in Warsaw, on the 31st day of August, 2019, in triplicate in the English language.