case Document 155-5 l?lleG Page 1 OT 119 Pagelunr Zbl/ Exhibit GG case Document l?lleCl Ulle/lt? Page OT 119 Page U# Ukraine Team Contact List 2007 Davis Manafort Of?ce Number: 703-299-9100 Ukraine Of?ce Number: 38 044 278 00 54 Paul Manafort Dmanafon??davism?fort.com (0) 703-299-9100 703-623-4678 Rick Gates (0) 703-299-9100 202- 257-7801 Amanda Van Sickle avansiclde@davismanafort.com (0) 703-299?9100 202-425-2455 Philip Grif?n +38.050.347.8700 Konstantin Kilimnik kkilimnik@davismanafon.com +7 495 767 70 60 Alex Balanutsa abalanutsa@davismgafort.com +38 050 347 94 45 Julian Mulvey iulian@iulianmuivey.com (0) 202-787-3900 202-321-1267 Dan Rabin dan@briszhtideacreaiive.com (0) 202-483-1111 703-927?9359 (overseas cell) 202-725-1572 0.7.3940.1331027.doc DOJSCO-400884387 case Document 1'05-5 l?lleG U/IZb/ltj Page 5 OT 119 Pagelunr Exhibit HH case Document 155-5 l?lleCl U/IZb/ltj Page 4 OT 119 MEMORANDUM To: VFY From: . PJM Subject: AC Project - Update Date: April 8, 2012 This document provides an update on the public affairs activity that has occurred since the inception of the project a few weeks ago. it is my intention to provide you with a weekly update moving forward. I The structure ofthe team has been finalized and the firms have already begun work in Europe and the US. I We are using Burson- -Marsteiler, Fleishman- Hillard, Podesta Group and Mercury Clark Weinstock to cover Europe (Brussels London, Paris and Berlin) and the US (Washington DC and New York) I The ?rms have begun both political and media audits in Europe and the US - Two key and time sensitive projects are underway . 1. VR Commission Report- lnter?views and roundtables throughout Europe 1: over the next two weeks 2. public affairs campaign underway for releasing critical information on this reform. Press release going out as soon as legislation is passed evidencing that it is in line with European standards . Other projects being worked on include a US congressional delegation to Ukraine in May, Euro 2012 media strategy for Ukraine, and work forthe elections' In October (international observers) - Digital and Social Media Campaign? this is underway with content being developed to reach more key audiences. New and enhanced websites are being developed as part of the campaign. . Strategic Plans - the consultants are finalizing their strategic plans for the next 6~ months. This accounts for key decision makers global media campaign. Also we now have in place daily news monitoring in all major cities in Europe and the US .- Kick~off meetings have taken place in Europe and the US the last Week of March case Document 155-5 l?lleG U/IZb/ltj Page '0 OT 119 Page U# Exhibit 11 case Document 155-5 l?lleG U/IZb/lb Page OT 119 'om: Paul Manafort sent: Monday, June 4, 2012 10:57 AM To: K. Kilimnik Cc: Rick Gates Subject: Re: ST documents Attachments: ST Stump Speech #1.docx: VIP Elite Speakers.xls I HAVE ATTACHED 2 DOCS WITH MY COMMENTS I. STUMP SPEECH - THIS IS A GOOD OPENING OF CAMPAIGN SPEECH. I AM TO TO USE THE HOUSE ANALOGY FOR WAVEZ TV AND RADIO AD ELITE SPEAKERS - I HAVE ADDED WHERE I KNOW THE PEOPLE. PLS REVIEW RECOMMENDATION AND ADD THOSE OF YOURS THAT I HAVE NOT SELECTED PAUL From: Konstantin Kilimnik Date: Fri, 1 Jun 2012 11:44:03 -050= To: Paul Manafort manafort dm int.com> Subject: Re: ST documents Ok. Excellent. I sent them all to you separately, and it was probably good idea to send them as one package. 01': Paul Manafort Romy: Tema: Re: ST documents Just got this email. I will provide comments by tomorrow From: Konstantin Kilimnik Date: Fri, 1 Jun 2012 11:33:26 -050= To: Paul Manafort manafort dm int.com> Subject: ST documents So that you could have them all in one place - please review The key documents that require your attention are their incarnation of=1he stump speech and the excel table with the speakers Tigipko's peopl= would like to have your comments by Tuesday. The other documents may be useful for Dan/advertisement. con?rm that you have these docs Thanks base Document 135-5 l?lleCl Ulle/l? Page OT 119 Page U# S'l? STUMP #l PJM Comments Speech is a very good table setting Speech 1. On attack section of speech 21. Repeat that opposition wants you to forget their failed govt b. Make point several times the same leaders who are the united opposition are the ones who created the mess - the very same leaders i. They have no new ideas and no new leaders 2. On positive section a. A little bit more on the opposition doesn?t want you to should add a few speci?cs of how people's lives have bene?ted b. should lay out some promises for the next year and say during the course of this campaign we will be more Specific 3. should remind people it is a 5 year program It was very important for me to meet with you, especially at a time like this. You probably heard of an old Japanese saying: ?May God spare you to live at the time of change?. The Ukrainian version is somewhat different: ?May God spare you to live at the time of elections?. The campaign is about to begin. And I understand that the pressure on you is tremendous. On TV, in newspaper articles, on the web they are trying to persuade you that what you see is not the reality. You?re told that your income is not growing as fast as you wanted it. You?re told that the increase of pensions is but election populism. You?re told that Viktor Yanukovych and the failed to ful?ll their promises. You are pointed to the ?bumps and bruises?. Boxing bouts are staged before you, not on the ring, but in the Parliament. You?re intimidated by boycotts and international isolation. All of this is done to achieve one single goal: to distract you from the most important issue. What is it? Are you ready to repeat the Orange Experiment? Are you ready to sink into the chaos created in the country by the Orange team - especially now, after so much effort and resources were spent to stop the country from slipping into the abyss. They are afraid that you will ask this question. And they will do everything that you do not ask it. They have the only hope to stay in politics: the hope that you have short memory. But they hope in vain. Some things may not be forgotten. First of all, because some of the a?ershocks of the orange period we still feel until this day. case Document 155-5 l?lleG U/IZb/lb Page 25 OT 119 It?s like a back injury. You were injured in your young years. The acute period is over. But as the weather changes, the pain grows stronger and makes your life miserable. The Tymoshenko gast contract with Gazprom is like this type of injury to me. Under this contract Ukraine pays for gas almost $300/tcm more than Europeans. Even though Ukraine is closer to Russer both geographically and historically. Therefore, Ukraine should be getting a lower price compared to Europe, not the price that is $300 more expensive. Let us not discuss the criminal nature of this contract. Just look how this contract robs Ukrainians. Every year Ukraine overpays Gazprom 5-6 billion dollars. If we could use this money to increase pensions, than the 13 million of Ukrainian pensioners would be getting 427 more. Every month! But these money ?ow to a foreign corporation. In fact, it is an additional tax - the Tymoshenko tax. It reaches 20% of the country?s budget. Imagine that from every 100 of your wage you immediately would have to pay 20 to someone else. Instead of buying your child a toy. Or helping your mother pay her utility bills. Can you imagine this? Now you understand what I feel as the Minister of Social Policy. When I understand that these funds could be allocated to increase pensions, to createjobs for people with disabilities, to help ill children or orphans. Think about it. It?s been two years since the Orange were removed from power, but their legacy continues to cause damage to our land. For me, just this alone is enough to prevent the return of the opposition to power. But Tymoshenko?s gas deal isjust one example of the legacy Yanukovych?s team received after the election. Probably, the most dif?cult, the most traumatic, but it is still just one example. In general, the situation was even worse. Remember a sad anecdote told four years ago? The economic crisis ?ies over the world. It ?ies over America and thinks: "They live very well! I should land here and stay for a while. It ?ies over the UK - "They live very well, too! And I?ll stay with them?. It ?ies over Ukraine and is amazed: "Tymoshenko?s government has already done the work for me!" In 2010, when our team came to power, this anecdote crossed my mind every day. But I did not laugh. We lost 15% of our GDP. Industrial output dropped by 20%. In?ation was in double digits. In the ?rst quarter, the de?cit of the State Pension Fund reached 29 billion UAH. And it seemed that the worst times returned. The 90's, pensions were delayed. You all know how seniors were waiting for their pensions in stuffy rooms of savings banks and post of?ces for several hours. They were just standing there, taking heart medication. In 2010, we were two steps away from the same situation. We were literally on the brink. We began receiving information about delays of pension payments in certain oblasts. A bit more and we would have faced systematic delays in payments. I would like to ask you: will the current opposition be responsible for this? So you take a loan in the bank, and your apartment is the security for the loan, you manage your money. If you managed your funds like the "orange team" did with the Pension Fund, you would have already lost the apartment, the money and your property. And they, who led the country to the brink of bankruptcy, are now trying to take a new loan, and not from someone, from you, the credit of your trust. I'll tell you now a paradoxical thing. If I spoke as politician, I would say, "It?s a good thing that we went through the orange period in our history?. In fact, a cold shower produces a sobering case Document 1'05-5 l?lleG Ulle/lt? Page 9 OT 119 Pagelunr Zbe effect. A painful injection puts your on your feet. You have something to compare with and what to compare. But I will not talk as a politician. Sometimes I am insulted just like anyone else - when I recall the situation with the public ?nances that we inherited from the previous government, and when I hear their criticism of what we did not accomplish in the ?rst year. Indeed, we wanted to bring long-awaited changes and improvements to the country much faster than it happened. We are also disappointed that it took so long to provide real growth in wages, pensions, social bene?ts supported by the economy. We understand that you expected more and deserve more. But I want to ask you: if a person suffers a cut to his artery, will the doctors check his eye-sight and hearing? Of course, not. They should take immediately measures, so that he loses as little blood as possible. The rest will be left for later. Our economy is in a very similar situation. A?er the Orange team it was bleeding heavily. We continued to lose blood, and soon this would lead to irreversible consequences. We were able to stop this bleeding. Believe me, it was not easy. Unfortunately, only now we have been able to overcome the chaos and get out of a steep dive. And we need to correct many other things. But at least we have a stable chain of command, we have stable public ?nances. We have the economic growth. Its rates are not as high as we would like them to be. But still, our economy is growing one and a half times faster than the world economy. We have a surplus of our current account of more than half a billion USD. In other words, the country sells more than it buys. As of April, we have 0% of in?ation. Considering the incredible efforts we applied to get out of the ?nancial hole, which we inherited, we carried out major changes in the system of governance. lf Tymoshenko's government initiated crises (sugar, petrol, meat), we initiate and carry out reforms (tax, administrative, pension). As they say, feel the difference. And only today, when we were able to cope with the chaos left by the previous team, we were able to proceed to concrete measures to improve people's lives. Pensions have been significantly increased Almost all social payments have been increased Payments on deposits of the former USSR Savings Bank are resumed We began the implementation of our plan on creation of high-paidjobs And the most important thing is that we now have some real resources to increase the social standards. We have money in the economy. We have an economic growth. We have a predictable economic policy without govemment-created crisis. Even in the most dif?cult of times we were not shouting "All is lost!". Today we can say: "It is just the beginning!". How is the house constructed? Nobody starts from decoration and soft couches. First, people dig trenches, then they lay the foundation, and after that they erect walls Today we have reached this stage. We have laid the foundation, this is economic growth, stable power vertical and stable ?nances. We construct walls in the form of reforms. We now need to put the roof and to begin decoration. We have not reached this stage yet, but aspire to it. I have already mentioned the main issue on today?s agenda for a good reason. Are we ready at this stage to destroy the building and to trust the construction to those, who left us ruins? We know that we need to do a lot of things. We know you want more and want it right now. We set the same goal. base Document 1'05-5 l?lleCl U/le/lti Page 1U OT 119 Zbe Finally, we can show you the facts, not just words. This is not the time for experiments, especially if we already know, where these experiments take us. Now we have the time to let the stability, created by us, to bring us to prosperity you want and deserve. base uocument 155-5 l?lleCl U/le/lti Page 11 OT 1.19 Exhibit case Document 135-5 l?lleG Ulle/lb Page 12 OT 119 Zbe Forrnetted: Centered. None. Space Before: Opt, Don't AK keep with next. Don't keep llnee together 0: From' PJM .33 Fonnetted: Font: 13 pt. Font color: Auto 3 Subject: Polling Project - Update Pom-m: Font: 13 pt 3 Date: June 125, 2012 Font: 13 pt. Font color. Auto Forrnetted: Font: 13 pt 3 3 Forrnetted Font:13 pt 3 This document provides an update on the protect with a deralled calendar by date and 33] - ,-3F0nnetted Teble ?l polling groupforthg work that is belng conducted. and when the results w1ll be avallable. All tted: 1:13 I A 3 gr_oups llsted below are mum; to the results of thelr polls the exceptlon the Benenson Group. whose results will lf? Forr_netted. Font' 139? 1 3:13,? 3:3? . Forrnetted: Font: 11 pt Formatted: Centered. None Spece Betore: Opt. Don't keep next. Don't keep llnee together ?33 Formatted: Font: 11 pt. Font color: Auto 3Fonno11od:Fon1; 11 pt. Font color Auto .:Forrnetted Font: 1 1 pt. Font color A_uto Emmett?: Font: 11 pt Formed?: Centered. None. Space Before: Opt. Dc n't n?_A . .. . 3? Formatted. Centered. None. Spece Before: 0 pt. Don?t 3 Forrnetted: Font: 11 pt. Font color. Auto 3 ?l 3 Fonnottoo- Font 11 pt. Font color Auto Formatted: Font: 11 pt. Font color: Auto '3 . 3Fonnetted: Font: 11 pt. Font colon Auto '3 Formetted: Font: 11 pt 3 Fonnetted: Centered. None. Spece Before: 0 pt. Don't Centered. None, Spece Before: Opt. Don't Formetted: Centered. None. Space Before: Opt. Don't ?3 Formetted: Centered. None. Space Before: Opt. Don't 3 Formetted: Centered. None. Space Before: 0 pt. Don't NW . keep next. Don't keep llnee together . 3? 3 31m 18 - Jung 29 Fabrlzio mm, 11;, 1ng Form-1m: Font: 11 p1. Font color: Auto Focus Group Survey I 13? ?g I3Forrnetted:F0nt:11pt 93mm keep next. Don't keep llnee together July 16 -1ulg 21 mug $223 . July 30 - August 15 $60k . 1 24 August 29 keep next. Don't keep llnee together A_uxu?t 27 September 7 go); - keep next. Don't keep llnee together 21 Septem b33351 $60k keep next. Don't keep llnee together $129.12.?. 1 -5 ember! ?own? cm.? Wm 1 Octol er 1; Octob 17 535' . . . keep next. Dontkeep llnee together 9?39"" 8 - October 20 Qctober ZS . I keep next. Don't keep llnee together 3 Forrnetted: Centered. None. Space Before. 0 pt. Don't 3 keep next. Don't keep llnee together .Illiorlnetted [II?m?j ?3Forrnetted_ i 3E case Document 135-5 l?lleG Page 15 GT 119 Page U75F Background on Companies: Group Germany and the UK is one of the world?s leadIng market research companies, with more than 11,000 employees. The company conducts polling In over 100 countries throughout the world. Is a full-service Institute, and focuses on methodology and analysis. It has conducted political polling for decades and In almost every major company. Oucpiaaiszo Group is headquartered In Germany, but most of Its political polling Is operated out of the UK. has local resources in Ukraine that _c-an- conduct the filed work for our project. lpsos S.A. France The company was founded In 1975 by co-founders and co-presldents, Didler Truchot and lean- Marc Lech. The company had revenues of 1.36 billion in 2011 and has over 16,000 employees world-wide. In 2011, lpsos acquired Synovate to become the 3" largest polling and market research company In the world. The company has offices throughout the world, and has provided credible polling results In multiple countries. lpsos has an office presence In Ukraine-asweil from which It would do the field work. However, the analysis will be done by lpsos In Paris France. Benenson Strategy Group United States The Benenson Strategy Group Is a globally recognized strategic research and consulting firm. Founded in 2000, Benenson Strategy Group?s clients Include presidential candidates, premiers and prime ministers. We work for governors, members of Congress, International labor unions, Fortune 100 companies and major nonprofits. The Benenson Strategy Group has helped clients win elections, launch new products, reposition brands, beat back competitive challenges and overcome public-affairs crises. We have worked on six continents and in more than 60 countries. The founder of the company, Joel Beneson, is the President of the Benenson Strategy Group, which he co-founded In 2000. He has served as a strategic analyst and adviser to heads of state, senior members of Congress and other national political leaders, business leaders, and major advocacy and charitable Institutions. Benenson-9335M expecase and-anagram them?ieuit-muawe mmaiost?ier?tbeQady?Newsm NMW- commumeatieasdueetedee?ev Mews Vera adageew Fri-8. case Document 195-5 l?lleG U/le/lb Page 14 GT 119 Pageluy: Benenson was the lead pollster and a senior strategist for President Barack Obama during the 2008 election, and he continues in that role today. He has also been a pollster and strategist for us. senators, governors and mayors from around the country. He played an Integral role as a pollster for the in 2006, when the Democrats won back the majority in the House of Representatives. The team Benenson was on won eight of 10 races, including three in which incumbents were defeated. Fabrizlo McLaughlin Associates United States McLaughlin Associates is a leading international survey research and strategic consulting firm whose partners have played a key role in assisting corporations, candidates and organizations across the United States and the world over the past two decades. The firm has earned an unparalleled reputation among the leading survey research and campaign strategists In the nation. Fabrlzio McLaughlin Associates do polling for the national Republican Party and work for the Republican Speaker of the US House of Representatives. Our Intent is to use them to Impact the thinking of the leadership of the Republicans, which control the US Congress, on their attitudes on the October parliamentary election results case Document 135-5 l?lleG Page lb GT 119 Page U75F Zb5l case Document 1'05-5 l?lleG U/le/lb Page lb OT 119 {Page-1? :11} Earmaited? Centered, None, Space Before: 0 pt, Don't keep with next, Don't keep lines together {Eu?93 _R_iok Gates Fi??l Centered, None, Space Before: 0 pt, Don't keep with next, Don't keep lines together base uocument 1135-5 l?lleCl U/le/lt? Page 1/ OT 1153) Zb55 Exhibit KK uase Document 195-5 l?lleG Page 16 OT 119 Pagelun: Zb54 To: Paul Cc: Rick From: K. Kilimnik Sent: Thur 7/12/2012 7:42:08 AM Importance: Normal Subject: Re: El Outreach - International Plan Received: Thur 7/12/2012 7:42:17 AM Election Inteqrity Outreach KK inserts.docx Paul, Attached is the final version of the memo. It was given to SL, Levenets, MFA, AK. As I mentioned several times last week after the El meeting, SL is expecting a detailed breakdown from you on the list of responsibilities of various parties and schedule of activities, i.e. who should do what and at what time. I still do not have it from you, and expect SL to start demanding this document pretty soon. Thanks 01': Paul Manafort Komy: Konu?: Rick Gates Tema: El Outreach - International Plan Was this memo given to send me the final version with the information you inserted case uocument 155-5 l?lleG U/le/ld Page 19 OT 119 To: SL, AK, ST, BVK, KG From: Re: Program to Conduct Brie?ngs of Embassies, Media and N608 Date: July 3, 2012 As we begin the formal election process it is important that we keep the international community briefed on the important election updates. The opposition is already planting the seeds to claim that the election is unfair. Through regular briefings of the Embassy staffs, NGO of?ces and international media they are claiming that the is using administrative resources to "steal the election". We must get into these same channels to promote our positions and to listen to any of their criticisms to make it look as ifwe are being responsive to their concerns. There are several types of brie?ngs that we should organize. This memo seeks to identify these brie?ngs, outline the types ofissues which should be discussed and who should be meeting with the international community. Administration of Election - CEC The CEC should conduct a series of private brie?ngs to update the international community on the progress of the election process. These briefings should be in addition to the regular public brie?ngs ofthe CEC. The private brie?ngs should be directed at the key NGOs and Embassies in Kyiv. Similar to the European tour that Dep Commissioner Othnorsky is making these brie?ngs would update the audience on the implementation of the election law. The details of the management of candidate applications, organizations of DECS, PECs and oversight of the election day activities should comprise the agenda. Someone from the CEC should be designated to do these brie?ngs in order to maintain consistency in reporting. The brie?ngs will be very time consuming so the person designated should have the time to commit to this important function. Given that Dep Commissioner Orthnorsky is conducting brie?ngs in Europe, he may be the best one but that is a decision that should be taken quickly. The goal is to ensure that the audiences understand the election complaints as they are occurring and witness the solutions in real time. In this way, when the opposition approaches these same people to complain about certain violations, the audience is already educated and knowledgeable. This will allow correct assessments to occur in real time. case Document 155-5 l?lleG U/le/lb Page ZU OT 119 Management of the Election Process - The explanation of why the is going to win and how we are managing the campaign process is very important to communicate. "?I?rt I-m . -. etc) on the election process. Each of the target audiences should be briefed at least twice a month. Because these brie?ngs need to be personal in nature to be effective, it is important that the person briefing be a part of the campaign leadership. Such people are AK, ST, or BVK. The campaign should organize who of the 3 is best to brief what embassy or NGO or organization. Once the assignments are made, they should remain for the entire campaign. There are 3 important components to these briefings. First is the strength of our organization. By regularly demonstrating the growth of our local organizations, we must show how we are the only real political party and why we are confident that this organization can deliver the vote if among disillusioned former voters. Without giving away secrets, we can and must ?ex our organizational advantages to these audiences. Second is the rationale for why we are going to win. Again, without giving away campaign secrets, we must demonstrate a con?dence in our winning the election. Through the use of public and private polls, we can demonstrate in a clear and convincing way how we expect to win control of the next VR. While some may not believe we are correct, the more that they hear it in private conversations, the more it will blunt some of the absurd rhetoric being promoted by the opposition. Third is to use these meetings to raise our concerns about opposition abuses and violations. Additionally, through these regular, private brie?ngs we will hear complaints or concerns from the Embassies. Where possible, we should commit to addressing the complaints. Then we should follow through with correcting the mistakes where they are more mistakes of omission than commission. There will be some issues, like access to media, that we should prepare statistics to refute at the appropriate time. Co-ordination with the International Observer Groups - MFA The Observer groups are a unique organizations. They need to be managed on a formal basis and occasionally on an informal basis. case Document 155-5 l?lleG U/le/lb Page OT 119 Zbd/ The formal basis focuses on the invitations, registration and management of the observers. This role should be done by the MFA. In many respects, the MFA is already interacting with the key organizations. We need to expand the interaction to being some subtle lobbying in addition to the formal registration roles. One person should be assigned to deal regularly with OSCE, PACE and other key election groups. The agenda should be disguised as informative and administrative. But, in addition to these functions, we should be communicating important information demonstrating the fairness and transparency of the process. Where there are issues which are raised, the MFA should send them to the appropriate place to be answered or fixed. Being competent and engaged will overcome many minor issues which, ifleft alone, might combine to create impressions that often are not true. International Community In addition to the audiences in Ukraine, it is important that we deal with the target countries in their capitals. The Brussels NGO that we have formed and their consultants are already engaged in the process. As brie?ng materials are created for the domestic brie?ngs they need to be transmitted to the international community for use. issues to Prepare for Brie?ngs The political briefings by the should be prepared to include a number of topics in addition to the organizational advantages and reasons to expect victory. The briefers must be prepared to deal with issues such as the following: i. access to media equal for all parties - show proof ii. harassment of of?cials - prepare cases of opposition activity dif?culty to vote /pressure on voters or system iv. denying all parties equal access v.code of conduct to govern behavior of organization in the VR Election process The CEC and MFA should be prepared to brief on issues such as vi. implementation of the law without prejudice vii. organization of SMDs fairly creation of PECs, DECS ix. processing and approval of candidacy applications x.protection of ballot base uocument 1135-5 l?lleCl U/le/lt? Page 22 OT 119 Zbl?t? Conclusion These: roles and schedule should be organized immediately. This master program must be organized and implemented by July 15. A command and control center should be set up to manage all of these pieces in a coherent way. Regular meetings of the key briefers for all groups should occur weekly to compare notes, identify issues and organize follow-up. base uocument lb5-5 l?lleCl U/le/lti Page 25 OT 1153) PagelLJiFF Exhibit LL base Document 155-5 l?lleCl U/le/lti Page Z4 OT 119 om: K. Kilimnik .aent: Friday, July 13, 2012 9:54 AM To: Paul Manafort Cc: Rick Gates Subject: Demidko documents - Party program Attachments: campaign program ENG.doc Attached find the Engl version of one of the documents we got from Demidko this week. This is a CEC required program that is to be approved at the Congress. Pis let me know if you have any changes/comments Thanks base Document 155-5 l?lleCI U/le/lt? Page Zb OT 119 Zb4l Approved on July 30, 2012 By the decision of XIV Congress Campaign Program at 2012 parliamentary elections FROM STABILITY TO PROSPERITY In difficult times for Ukraine, took the responsibility for the fate of the country. 5 years of orange leadership led the country to the brink of economic and social disaster. We inherited 15% of GDP fall, 22% in?ation and enslaving 64 UAH gas agreement a year. Due to coordinated actions we managed to overcome chaos and ruins, we stabilized the situation and laid the foundation for reforms in all spheres of economic and public life. suggests Ukrainian people a thought out and real life program of formation of a society of free and wealthy citizens. We address its implementation under the slogan FROM STABILITY TO PROSPERITY and urge our compatriots to support us in a common cause on the way to national progress and new quality of life. UKRAINE IS A 50 MLN EUROPEAN COUNTRY OF SUCCESSFUL PEOPLEI Everything we do, we do for the grand cause- well-being of all Ukrainian citizens. The key task of is creation of certain conditions for decent living of our citizens. STRONG FAMILY - FOUNDATION OF A HEALTHY The country should give young people a boost in life. To accomplish this we?ll provide affordable housing for young families through loans at 3% APR. 0 The financial aid for the 1St born child will reach 28,830 UAH as of December 1, 2012, the second child - 57,660 UAH, the third - 115,320 UAH. By 2017 the amount of these payments will double. 0 The amount of state financed child care aid in 2013 will increase by 360 UAH, in 2014 - by 500 UAH. Perinatal centers (center of maternity and childhood) will be opened in each oblast. EDUCATION: INVESTMENT IN THE FUTURE Quality education today means the prosperity of state in the decades to come. The improvement of quality of Ukrainian education will include: 75% of tuitions in higher educational establishments will be paid by the state Stipends will equal the minimum wage Salaries of people employed in the education sphere will increase by at least 20% Provision of affordable housing for people employed in the education sphere 100% internet provision at schools case Document 155-5 I?lleCI U/le/lt? Page Zb OT 119 IT IS COMFORTABLE AND PRESTIGIOUS TO WORK IN UKRAINE Every Ukrainian will have a decent salary and employment opportunities. New jobs will be created through the following policies: 100% compensation of the single social tax for the employment of the disabled, orphans, single parents and people over 50 years old; Professional training for the unemployed will be provided in those occupations that are in demand The first job program at the expense of formation of state order in higher educational establishment for young specialists, students? internships with further employment The incomes of citizens will gradually increase; the average salary will make 8,000 UAH. HEALTH IS THE FOUNDATION OF WELL-BEING We will provide a quality and affordably health care to all citizens of Ukraine. We will introduce: Average salary in health care not less than 8000 UAH for doctors and 5500 UAH for health care personnel. 30% decrease of prices on drugs of first necessity Mobile hospitals will cover all villages The institute of family doctors New pools, stadiums, skating rings and sports grounds will be opened in each region to promote health way of life. PROSPEROUS PENSIONERS To create decent conditions for elderly people: Full compensation of USSR Savings Bank deposits up to 5000 rubles by 2017 Minimum pensions will be 30% higher than the living standard Pensions of former military people, law enforcement employees and children of war will be significantly increased. COMFORTABLE AND AFFORDABLE HOUSING Creation of a system of state mortgage at 3% APR up to 15 years for medical workers, teachers, law enforcements officers, military and civil servants, young families. CLEAN ENVIRONMENT improvement of the ecological situation: Completion of construction of the shelter over the fourth unit of the Chernobyl NPP by 2015; 23,000 cleaning systems of drinking water; New garbage recycling plants in every region. case Document 155-5 l?lleCI U/le/lb Page 2/ OT 119 Zb45 ECONOMIC GROWTH IS INSURANCE OF HIGH SOCIAL The Party of Regions always paid special attention to the economic development of the country. Our goal is to create modern effective economy in Ukraine. MODERN ECONOMY We are going to create the high effective innovative economy. We will ensure: 0 Stable GDP growth at the rate of at least 5% per year; Stable national currency; Average salary of 8000 UAH. It will be realized due to: Profit tax cut to 16%; Reduction in the number of controlling agencies and restricting functions of law enforcement agencies; Total elimination of tax audits of self-employed individuals (private entrepreneurs); Introduction of tax benefits for IT and innovative companies for 5 years; Providing affordable loans to national producers for their development; Single social tax cut to 31%. EFFECTIVE POWER ENGINEERING AND ENERGY INDEPENDENCE Ukraine will get rid of dependence on imported energy carriers. We will increase the production of our own energy carriers - shale gas and coal; we will increase the use of environmentally friendly and safe energy of the sun, wind and water. Coal is the main source of the energetic independence of the country. We will upgrade the existing thermal power plants for the effective usage of domestic coal. NEW LIFE OF UKRAINIAN VILLAGE We have almost the largest potential in the world for the development of agriculture, the most fertile land. Ukraine will renew the status of the breadbasket of Europe due to: 0 15,000 agricultural cooperatives will be created; 0 Construction of new grain storage facilities; 0 The price of a land share will not be less than 20,000 UAH per hectare and the lease rate will be established at no less than 800 UAH per hectare; 0 Development of the social infrastructure of rural area (roads, hospitals, schools; gasification of villages). 0 Life in rural areas will be gradually brought to the level of life in the cities. MODERN INFRASTRUCTURE FOR Developed, modern infrastructure is the guarantee of the fast development of the economy. Renovation of all infrastructures that provides: case Document 155-5 l?lleCI U/le/lt? Page 26 OT 119 Zb44 - Construction of modern roads that would enable to cover the distance from the West to the East of Ukraine in 14 hours; New rail communication between the capital city and regions; Affordable flights for every Ukrainian; 0 Reconstruction and construction of airports, sea and river ports, train stations. EFFECTIVE COUNTRY: RESPONSIBLE GOVERNMENT AND OPEN SOCIETY Economic prosperity and high social standards cannot exist without the proper level of public freedoms and necessary efforts of the government to guarantee safety of the state and its citizens. COUNTRY OF FREE PEOPLE The opportunity of the person to develop freely in all areas is one of our priorities. That is why we stand for: intellectual freedom free access to information; 0 Freedom of speech - the guarantee of free work of mass media; 0 Right to native language, granting the Russian language the status of the second state language. STRONG REGIONS - PROSPEROUS STATEI The state will prosper if its regions are powerful. In order to continue the development of local government: 0 The state will empower local governments; 60% of total state budget will be given to city councils. EFFECTIVE LAW ENFORCEMENT AGENCIES AND EFFECTIVE ARMY Ukraine should have the European structure of law enforcement agencies. For that we will need: 0 Effective contract-based army, for which the conscription will be cancelled in 2014; Comfortable conditions for military servants and law enforcement officers; 0 Reformation of the Security Service of Ukraine (SBU), restriction of its authorities, particularly, elimination of investigatory functions. 0 Complete cancellation of general supervision of the Prosecutor General?s Office. WORLDWIDE RECOGNITION OF UKRAINE 0 Strategic partnership with Russia, the U.S., China; 0 Ukraine will keep its non-aligned status as the guarantee of safety of each citizen. 0 Opening the markets of G-20 and emerging countries for Ukraine; base Document 1'05-5 l?lleCI U/le/lti Page ZS OT 1153) Zb4b - Competitive right to hold sport and cultural events of the European and global level. IT IS TIME TO JOIN EFFORTS FOR THE NATIONAL PROGRESS AND PROSPERITY. GO FROM STABILITY TO PROSPERITY TOGETHERI Chairman of the Party of Regions, Prime Minister of Ukraine M.Azarov base Document 1'05-5 l?lleCl U/le/lti Page 5U OT 1153) Zb4b Exhibit MM base Document 155-5 l?lleCl U/le/lt? Page 51 OT 119 Zb4/ GDA 'om: Paul Manafort lent: Saturday, October 6, 2012 8:50 AM To: K. Kilimnik Cc: Rick Gates; Tony Fabrizio; Bob Ward; Dan Rabin; Adam Strasberg Subject: Memo on campaign Status Attachments: VY Memo - Outline State of Campaign 3 weeks outdocx translate for delivery on Monday. If anyone has any comments, =rovide them to me by noon, NY time, on Sunday. Paul case Document 1'05-5 l?lleG U/le/lb Page 52 OT 119 Zb46 State of Campaign - 3 weeks out Overview 1. We are meeting our targets for current timeframe a. Margin growing b. Intensity of support Turnout expectations c. perceived as winner in Ukr and Internationally i. Remzakov 8: (1. Election fairness - PACE OSCE i. Media Monitoring Report ii. Violations at local level - administrative treatment CEC decisions by Unaminity Next Steps 1. Goals a. squeeze UDAR b. decrease CP vote c. build growing acceptance of a fair election and efforts of Govt to ensure fairness 2. Squeeze UDAR a. strategy i. connect UDAR to Orange through paid national advertising, talking head campaign on local and regional Radio ii. Messages 1. A vote for UDAR is a vote for return of Orange leadership a. UDAR has no team b. UDAR cannot run govt alone/will need to be in coalition c. UDAR is opposition party thus only partner will he failed Orange coalition 2. UDAR/Orange govt will repeal language law 3. UDAR does not have the experience to manage the economy and create jobs a. Ukr cannot afford on the job training b. Turn U0 against UDAR i. margin is growing and accept that will win ii. Contest for second place who is the leader of opposition UDAR is replacing UO iv. Force U0 to go after UDAR to try to recapture second place v. Messages 1. UDAR does not have a team to govern 2. UDAR does not have the experience needed 3. Decrease CP vote Efforts are succeeding Have successfully targeted soft CP vote that was formerly They are returning as campaign messages are impacting Data shows that the jobs and social programs themes are starting to work e?esre case uocument 155-5 l?lleG U/le/lb Page 55 OT 119 e. Still approx 7% of soft CP/undecided dropoff voters available f. Messages 4. Fairness of elections a. VIP goal is to win the pre-election day campaign on the issue of free and fair elections b. Key criteria i. Access to media/no pressure on medi ii. CEC manages election process openly and fairly Administrative resources iv. Efforts - impact on perception of open minded observers c. Access to medla i. Council for State must create a website and publish weekly and daily national coverage in details 1. Report - Week laccepted as credible 8: well received 2. Importance of website is to create the historical information trail a. Allows observers who arrive for election day monitoring to have access to information b. Will dispel attacks on opposition ii. Council should do a weekly distribution of statistics with brief analysis and offer for any interested parties to come to of?ce to review statistics and verify them 1. NGOs, Embassies, Media, important civic organizations (like review of local and regional media to determine if we should include this infro in the report 1. if regional analysis shows dominance of FOR in east and south but dominance of Opposition in west and Center that is ok 2. in this situation, coverage should be included in weekly Media Monitoring report of Council (I. CEC management of election process i. OSCE Interim Report #1 was a very good starting point 1. Indicated that CEC is managing by consensus and most decisions have been unanimous - meaning professional, not political 2. Indicated that CEC is meeting deadlines 3. Concern is the vagueness of election law in certain areas creates confusion ii. Challenge is to have DECs and PECs managed similarly Most important actions to stress in pre-election period 1. All meetings should be open meetings with public and NGOs invited to attend 2. Education of election workers should be visible and through a. USAID manual to assist election day monitors should be printed and distributed this week case Document 1'05-5 l?lleG U/le/lb Page 54 OT 119 beU i. matter is currently not happening because of lack of ?nances [even though AID provided funding) ii. This is VIP and must be visibly implemented this week e. Administrative Resources i. OSCE report indicates that most violations are occurring in local SMDs ii. Actions to take 1. Meeting of President with Governors this week - a. Public Message: do not use administrative resources for election purposes b. Private Message: is winning campaign, don?t commit election violations that will risk international observers endorsement of "free and fair? election c. Meeting should be open and covered widely by media 2. NA press conference on what govt is doing to assist CEC a. TV surveillance - rules on how used b. Local police being encouraged to be tolerant of legitimate campaign activity 3. CBC should immediately conduct a visible local Education campaign on voting areas, 4. Courts should continue to make decisions on violations based on facts a. Currently approximately 10% of all cases are being overturned in favor of opposition claims of local violations b. This should continue and even increase to show lack of administrative control and to allow us to claim that this violations are not systemic, but rather random and local Summary Efforts are working Need to build more momentum to increase margins Need to monitor carefully election fairness Need to communicate publicly important messages on openness and accessibility 5. Need to keep media coverage of opposition Attachment: table of polls over since April base uocument 1'05-5 l?lleCl U/le/lt? Page 5'0 OT 1153) be1 Exhibit NN case uocument 155-5 l?lleG U/le/lb Page 5b OT 119 beZ MEMORANDUM To: President VFY From: PJM Subject: US Government Activity Date: February 2013 Over the course of the last several weeks there has been significant activity by the US Government and Congress, as President Obama was sworn in for a second term, and a new Congress appointed. This memo summarizes the key activities that relate to Ukraine by the U56 and the actions taken by our AC team in support of Ukraine priorities. Obama Administration The most significant and positive change for Ukraine is the confirmation of Senator John Kerry as the new Secretary of State. I have already had preliminary meetings with some of his key advisers and Secretary Kerry will focus largely on policy issues related to energy and the environment. The Secretary has always been a proponent of these issues. This is a positive development for us and will be a dramatic change from former Secretary Clinton. Overall the State Department will maintain a position of opposing sanctions of any kind as an instrument to deal with foreign governments. This policy is consistent with State Department actions directly applied to Ukraine over the last several years. However, given the policy interests of Secretary Kerry, we now have a great opportunity to take a proactive and positive approach with the State Department. Focusing on the recent shale gas contracts with Exxon and Chevron will be important and welcome to the U56. In addition, the HEU issues will allow us to expand our relationship not only with the State Department, but more importantly, directly with the Obama Administration. At this time the rest of the key personnel at State Department is fluid. Secretary Kerry will take two of his top staffers from his Senate office. But the rest of the key appointments will be made by the White House. At this time the only confirmed appointee affecting us is that DAS Dan Russell will remain at this post. AS Phil Gordon is likely to be moved to another post. In addition to the appointment of Secretary Kerry, President Obama made several key appointments to his executive of?ce which are good for Ukraine. I Denis McDonough has been appointed WH Chief of Staff. Previously Mr. McDonough served as Deputy National Security Adviser. I Tony Blinken has been appointed as Deputy National Security Adviser and Assistant to the President. Previously, Mr. Blinken served as VP Biden?s national security adviser. These two appointments are critical for the Both are pragmatic, sensible and will want to see Ukraine align with the West. Their focus will be on gee-political relations specifically watching Russia and other former Soviet countries, and their actions. The emphasis of the President?s national security team will not be so much on human rights. case Document 1'05-5 l?lleG U/le/lb Page 5/ OT 119 be5 US Congress Although the US Congress was largely unchanged following the November 2012 election in terms of control of the House and Senate, there have been several significant changes to the committee structures that will benefit Ukraine. House The Republicans were able to maintain their control of the US House of Representatives. The House leadership will remain in place. Speaker John Boehner and Majority Leader Eric Cantor will lead the Republicans. Nancy Pelosi will remain as the Minority Leader. The majority of the ?rst six months of the new Congress will be consumed by budgetary issues. This will help to take negative attention away from the However, we already have evidence that forces The significant changes at the House level relate to key committee structures. There is a guiding rule in the House that Chairs of all committees are changed every two years, and are appointed at the discretion of the leadership seniority no longer takes precedent. The House Committee of Foreign Affairs will now be chaired by Congressman Ed Royce (a Republican from California). I have known Congressman Royce for many years and this will be a helpful appointment for Ukraine. The key subcommittee for?Ukraine is the House Foreign Affairs Subcommittee on Europe, Eurasia and Emerging Threats. The new chairman is Congressman Dana Rohrabacher (a Republican from California). Again, the new chairman is a good appointment for Ukraine and will be open minded about key policy issues. have attached a document that provides more background on the Committees and the Chairs]. Prior to the appointments there was an attempt by Congressman Chris Smith (Republican from New Jersey) to be selected as the Committee Chair. Congressman Smith did not have the support of the Republican leadership. However, he was given the Chairmanship of the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations. It is highly likely that Smith uses this subcommittee as a vehicle to hold hearings on situation and possibly promote legislation. Our AC team is close to his staff and as of this memo, Smith intendsto take no action at this time. However, he was disappointed in the latest charges levied against YT. Last week the House Foreign Affairs Committee completed its ?Oversight Plan?. This document governs much of the work by the committee throughout the Congressional Session. This document is not public yet but highlights several key sections that pertain to Ukraine. [Full HFA Oversight Plan is attached]. q. Russia: The Committee will address the impact of Russia?s foreign policy on US. political, economic, and other interests in key countries and regions, with a focus on identifying significant areas of competition and potential cooperation. Of note is the Administration's announced intention to negotiate new agreements with Russia on limiting strategic forces and ballistic missile defense, including the US. system scheduled for deployment in Europe. Russia?s adherence to the rules of the World Trade Organization and the impact on US. exports will be addressed. The Committee will also review how Russia?s domestic policies impact the US, and will consider the country's respect for human rights, democratic governance, and rule of law case uocument 155-5 l?lleG U/le/lb Page 56 OT 119 be4 r. Europe/Eurasia: The Committee will review U.S. relations with European countries, with an emphasis on the European Union and NATO, including potential membership of the Western Balkan nations in those institutions. Key issues will include removal of barriers to trade, including a potential Trans-Atlantic 'Free Trade Area, the deployment of a regional ballistic missile defense system, the impact of the European financial crisis, diversification of energy sources, and Turkey?s new foreign policy orientation and its domestic political evolution, among others. The Committee will also conduct oversight of U.S. policy in Central Asia, including as it relates to the 2014 transition in Afghanistan. t. Human Rights and Democracy: The Committee will examine U.S. activities to promote democracy and protect human rights around the world. The Committee will critically assess U.S. involvement with multilateral human rights mechanisms, to ensure that U.S. diplomacy serves to promote fundamental human rights and freedoms. Due to the confirmation of Secretary Kerry the relevant committee in the US Senate for Ukraine, the Senate Foreign Relations Committee has undergone few changes thus far. The Republicans have made its appointments and it is expected that the Senate leadership will make the final Democratic appointments during the week of February However, we do know that Senator Dick Durbin will no longer serve on the Committee. Nor will Senator Jim inhofe (R-OK). These two Senators were the lead sponsors on Senate Resolution 466 that was passed last year. The SFRC structure (at this time) is listed below: mg Republicans TBD, Chairman (but likely Menendez from NJ) Bob Corker, Ranking Member. Tenn Barbara Boxer, California James Risch, idaho Robert Menendez, New Jersey Marco Rublo, Florida Benjamin L. Cardin, Maryland Ron Johnson, Wisconsin Robert P. Casey Jr, Jeff Flake, Arizona Jeanne Shaheen, New Hampshire John McCain, Arizona Christopher Coons, Delaware John Barrasso, Wyoming Torn Udall, New Mexico Rand Paul, Kentucky Chris Murphy, Connecticut Tim Kaine, Virginia At this time the structure of subcommittees have not been decided. Resolutions and Legislation At the time of this memo, there are only two resolutions that have been introduced related to Ukraine. On January 14, Rep. Marcy Kaptur (D-OH-Q) introduced two resolutions regarding Ukraine. Both Resolutions were referred to the House Committee on Foreign Affairs and have gained no additional sponsors as ofJanuary 31. case Document 1135-5 l?lleCl U/le/lb Page 59 OT 11.9 beb H.Res. 27 - Supporting the establishment and full funding of a staff exchange program between the House of Representatives and the Parliament of Ukraine, the Verkhovna Rada, as soon as possible. H.Res. 28 Condemning the persecution of political opposition leader Yulia Tymoshenko as well as other political prisoners, among them former internal affairs minister Yuri Lutsenko. H.Res 28 is a resolution that the Congresswoman introduces every year but it never receives attention. Our AC team has already contacted Chairman Royce on this matter and the resolution will not gain approval from the committee, and will not be brought up for debate. There is some renewed calling for additional actions to be taken against Ukraine. Thus far this rhetoric has only come from Ukraine?s opposition and former US Ambassador to Ukraine Steven Pifer last week during an interview with Voice of America. Pifer Indicated that the US Congress is concerned about the situation in Ukraine, and could use sanctions to pressure the into freeing what it calls political prisoners. Some critics are saying the focus will return to a bill that was passed by the US Congress at the end of last year called the ?Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012? otherwise known as the Magnitsky Act. The bill was signed into law by President Obama on December 14"? 2012. Some critics of Ukraine suggest expanding the scope of this legislation to include Ukraine and place travel sanctions on certain Ukrainian Government officials. Our AC team is monitoring this bill closely and no action has been taken by any Congressional member. White House Petition There is one other attempt of deploying sanctions against Ukraine. A petition is being circulated that calls for sanctions to be introduced against Ukrainian officials involved in the falsification of the criminal case against businessman and his son Serhiy who were convicted of killing a judge of a district court in Kyiv. A relevant petition was registered on the Web site of the White House on January 26, 2013. The petition has to collect at least 100,000 signatures by February 25, 2013 to be considered by the White House. Thus far only 3,847 signatures have been collected. The petition proposes to put a ban on entry to the United States for former interior Minister of Ukraine Anatoliy Mohyliov, Head of the Public Security Department of the Interior Ministry of Ukraine Oleksiy Krykun, Head of the lnvestigatory Department of the interior Ministry of Ukraine Vasyl investigators and other people involved in the falsification of the criminal case, torture, and the violation of human rights and freedoms. base uocument lb5-5 l?lleCl U/le/lti Page 4U OT 1153) PagelLJiFF beb Exhibit case Document 155-5 l?lleG U/le/lb Page 41 OT 119 be/ MEMORANDUM To: President VFY From: PJM Subject: US Government Update Date: February 2013 A number of policy changes will impact Ukraine in 2013 largely due to the elections that occurred last year. These changes represent new opportunities for the to expand relationships, open minds, and demonstrate to the global community that Ukraine is a modern democracy. Over the course of the last several weeks there has been significant changes with respect to the activity in the US Government and Congress. This memo summarizes the key items that relate to Ukraine by the USG, and the actions taken by our US consultants team in support of Ukraine?s priorities. Engage Ukraine Strategy for 2013 The US consultants team has already been active in implementing a strategy that we call ?Engage Ukraine?. This strategy is designed to focus on the many positive aspects and that Ukraine brings to the US - politically and culturally. It is designed to deepen the relationships between the two countries, and focus on major policy initiatives of significance to both countries. The strategy focuses on several core pillars that the US consultants team will build out during the year. The main components of the strategy include the following: 1. Engage the Administration and Congress a. We must protect our support in the WH and at the Department of State from lobbyists and human rights pressure. b. We must build support within Congress. Last year we learned that many members do not have a basic foundation of knowledge on issues important to both the Ukraine and the US. c. We are currently engaging all relevant committees both in the House and the Senate. 2. Emphasize the reforms that the has worked aggressively to implement. 3. There are several key messages we are emphasizing i. The Yanukovych Adminstration has done more in key areas of policy development than any previous government in Ukraine. ii.This government has progressed EU integration more successfully than any other, and it is precisely this reason why Ukraine is on the verge of signing the Association Agreement with Ukraine. Major reforms include criminal justice, economic, tax, social policy and many more. It is important to emphasize these major reforms to members of the USG, and demonstrate that Ukraine is making significant progress. case uocument 1135-5 l?lleG U/le/lb Page critical part of this strategy. Andriy Portnov had a very successful visit to Washington emphasizing the new Code and how it facilitates a major 3. Focus on geopolitical issues, and the impact Ukraine will have on Europe. a. The USG does not want to undercut Europe?s initiatives with Ukraine. Thus the US strategy focuses on the positive activities that are a part of the current interactions between the EU and Ukraine. Key attention is being drawn to the Feb 25?h Summit and the Vilnius Summit A key component of the geopolitical strategy is to kept awareness of the pressure Russia is imposing on Ukraine to forgo integration with Europe and to join the Russian led Customs Union. This point is very important to the objective members of Congress and is a driving tenet of the Obama Administration. Energy security is a key concern of Secretary of State Kerry. We are emphasizing the risk to independence of the Gazprom contract and the actions Ukraine is undertaking to achieve energy independence. Special attention is being given to the award of contracts to American companies in the energy field. Educate Congress, in particular, on the reforms being implemented as a part of the process towards signing of the AA and DCFTA agreement. Tymo lobbyiests are aggressively pushing for sanctions using Sen McCain as the point. We know the Obama Administration is opposed to mandatory sanctions and are working with the Administration and friends in the US Congress to repel any efforts led by McCain. This effort requires visits by important leaders of the Andry Portnov?s visit was the first of many that we plan. Additionally, we are using friends in the Hapsburg group to come to Washington to hold high level meetings on the importance of engaging Ukraine, not imposing sanctions. This effort is fully engaged now. The CPC is the primary reform being touted currently because it is the long term solution to the concerns expressed regarding the prosecution of Tymo and Lutsenko. We are working with the Administration on emphasizing to Congress the important bilateral programs between the US and Ukraine. In this regard we are building a better understanding of the fact that the has been a solid ally of the US in dealing with security matters such as NATO exercises, shared security information, HEU, and others. 4. Energy Issues a. We are emphasizing the shale gas contracts and the potential of new business opportunities for US companies. This has a very positive impact on both the Congress and US business. Energy independence is a positive issue in Washington. Both Carlos Pascal, after his recent trip to Kyiv, and Richard Morningstar are promoting a more aggressive and positive agenda between the US and Ukraine. As this is one of the key issues of the 2011 Strategic Commission, we are using it as a foundation of the new strategy. It will be important to bring the Min of Energy, and others to Washington to brief Members of Congress and the Obama Administration. It is a mistake to rely on the US Embassy in Kyiv to carry the correct messages back to Washington. If all proceeds well with the EU-Ukraine Summit on Feb we will use the consensus reached in Brussels as part of the Washington narrative on energy security. case uocument 155-5 l?lleG U/le/lb Page 45 OT 119 beU 5. Jewish Community a. We have been actively promoting the concept of anti-semitism as a part of the Opposition. We have been doing this since the pact was reached between the United Opposition and Svoboda. This is a key part of our Washington strategy. We are building on the statements we generated out of Tel Aviv during the elections, including having Jewish lobbyiests and officials of the Israeli government make our points in Washington among important Members of Congress who are a part of the Israeli lobby. b. We have a number of initiatives being discussed and have targeted important members of Congress who are Jewish (the #2 leader in the House of Representatives is Eric Cantor - he is Jewish). c. It will be important to find opportunities for positive statements by President VY on Israel and tying Svoboda and the opposition into anti semitic activity. 6. Disapora a. Other than the Tymo lobby, the Disapora is the main originator of anti VY activity in Washington. Through money and political support in local communities the Dispora is active. b. We are identifying a new strategy for the Diaspora. The key to this strategy is to have a Ukrainian Ambassador to the US who I can work with to manage this part of the strategy. As we have discussed, a political representative of the President would be better than a diplomat. c. My recommendation is that you consider Anna German as your appointment to be Ambassador to the US. She was very positively received during her visit to Washington to attend the National Prayer breakfast. Additionally, as a woman she will be a good response to the attacks by women on VY. Finally, her reputation is one that we can promote positively to the objective Members of Congress. Anna is viewed as being close to you, understands the issues and players and is someone I can work with immediately to frame the right strategy for the Disapora and also for the U56. For these reasons I urge that you consider this appointment. The sooner it is done the better it will be. We need to have a strong personal representative of the President on site before the new US Congress and new Secretary of State engage in policy issues related to Ukraine. Tymoshenko?s Plans plan to impact policymakers in the US is to focus the debate an imposing sanctions against the YT is working aggressively to disrupt the work of the in Washington, DC. She has several sympathizers in Congress and the Administration that believe nothing short of her release is necessary to truly re-engage with the She has hired professional lobbyists (Wiley Rein 8: Felding) to press her case and work directly with key members of the U56 to formulate potential resolutions that are damaging to the image of Ukraine. While integration with the EU is important in the eyes of the USG, there are other major issues that are of concern to the US as well. Several members in the US Congress have personally taken on campaigns to combat what are perceived global human rights abuses. This has applied to China case Document 1135-5 l?lleG U/le/lb Page 44 OT 119 beU mainly, but over the last several years has been vastly expanded. Tymoshenko has used this cause in the US to press her case of ?wrongful conviction? and ?political prosecution?. The US consultants are battling against the strategy being waged by YT by focusing on two major components. They are focusing on an issue of greater importance to the US which is the geopolitical issue of Ukraine aligning with the West. This is extremely important to the U56 that Ukraine not be perceived to moving toward Russia. We are focusing on the relevant committee and subcommittee members on the foreign relations committees making sure they understand the significance of Ukraine's alignment with the West. The second part of the plan to neutralize YT in Washington is implementing the ?Engage Ukraine? strategy outlined above. We must be aggressive and positive - not defensive. Ukraine has a compelling story to tell about the many positive aspects of its relationship with the US. Most members in the U56 and in Congress do not recognize these positive elements. The components of this program are listed above. Administration - Update The White House and State Department position toward Ukraine will be one of caution but hope for progress. Last week we learned that the Strategic Partnership Commission, between the US and Ukraine, which will be useful to strengthening relations, will re-engage. The Helsinki Commission indicated that the working group at the State Department is likely to meet in the next few weeks, which is being construed as ?a good signal". Another significant and positive change for Ukraine is the confirmation of Senator John Kerry as the new Secretary of State. Secretary Kerry will focus largely on policy issues related to energy and the environment. The Secretary has always been a proponent of these issues. This is a positive development for us and will be a dramatic change from former Secretary Clinton's personal agenda. Overall the State Department will maintain a position of opposing sanctions of any kind as an instrument to deal with foreign governments. This policy is consistent with State Department actions directly applied to Ukraine over the last several years. In addition, this position was further supported last week by State when Senator McCain (R-AZ) attempted to discuss the idea of potentially introducing sanctions against Ukraine as something that ?could happen?. Deputy Assistant Secretary Dan Russell reiterated State?s position of no sanctions to the committee staff for both the House and Senate foreign affairs. This will be a constant battle in the Congress in the next week. It is important to understand that holdovers from the Clinton days and the US Embassy in Kyiv are not objective and are conspiring to identify options to get sanctions as a tool to pressure the Yanukovich Government. At this point, they are working with Tymo supporters but have not been able to change the opinion of the WH. Our strategy is focusing on using the current WH position to serve as a block on all attempts to change the policy. case Document 1'05-5 l?lleG U/le/lb Page 4b OT 119 be1 Given the policy interests of Secretary Kerry, we now have a great opportunity to take a proactive and positive approach with the State Department. Focusing on the recent shale gas contracts with Exxon and Chevron will be important and welcomed by the U56. At this time the rest of the key personnel at State Department is fluid. Secretary Kerry will take two of his top staffers from his Senate office. But the rest of the key appointments will be made by the White House. At this time the only confirmed appointee affecting us is that DAS Dan Russell will remain at this post. Our sources tell us that AS Phil Gordon will be moved to the NSC to oversee the Middle East and other countries in a few months. In addition to the appointment of Secretary Kerry, President Obama made several key appointments to his executive office which are good for Ukraine. I Denis McDonough has been appointed WH Chief of Staff. Previously Mr. McDonough served as Deputy National Security Adviser. He was also the person in the NSC who co- ordinated the HEU negotiations and is personally aware of the role you played in this process. - Tom Donilon will remain as the President?s National Security Adviser. I Tony Blinken has been appointed as Deputy National Security Adviser and Assistant to the President. Previously, Mr. Blinken served as VP Biden?s national security adviser. These three appointments are critical for the They are pragmatic, sensible and will want to see Ukraine align with the West. Their focus will be on geo-political relations specifically watching Russia and other former Soviet countries, and their actions. US Congress - Update There are elements in Congress that will continue to be hostile toward Ukraine. Our goal must be to constantly discuss the positive contributions Ukraine is making to the global community. Although the US Congress was largely unchanged following the November 2012 election in terms of control of the House and Senate, there have been several significant changes to the committee structures that will benefit Ukraine. House The Republicans were able to maintain their control of the US House of Representatives. The House leadership will remain in place. Speaker John Boehner and Majority Leader Eric Cantor will lead the Republicans. Nancy Pelosi will remain as the Minority Leader. The majority of the first six months of the new Congress will be consumed by budgetary issues. This will help to take negative attention away from the However, we already have evidence that forces are seeking to build a negative agenda. We are working with our friends to build a new agenda based on the joint agreement on the issues in the 2011 Statement of the US-Ukraine Strategic Commission. We believe this provides an opportunity to build a new constructive momentum in the Congress on issues, which are important to them beyond the Democracy issues. The significant changes at the House level relate to key committee structures. There is a guiding rule in the House that Chairs of all committees are changed every two years, and are appointed at the discretion of the leadership seniority no longer takes precedent. case Document 1'05-5 l?lleG U/le/lb Page 4b OT 119 beZ The House Committee of Foreign Affairs will now be chaired by Congressman Ed Royce (a Republican from California). This will be a helpful appointment for Ukraine. The key subcommittee for Ukraine is the House Foreign Affairs Subcommittee on Europe, Eurasia and Emerging Threats. The new chairman is Congressman Dana Rohrabacher (a Republican from California). Again, the new chairman is a good appointment for Ukraine and will be open minded about key policy issues. Congressman Chris Smith was given the Chairmanship of the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations. It is highly likely that Smith uses this subcommittee as a vehicle to hold hearings on situation and possibly promote legislation. Our AC team is close to his staff and as of this memo, Smith intends to take no action at this time. However, he was disappointed in the latest charges levied against YT. Recently, the House Foreign Affairs Committee completed its ?Oversight Plan? for 2013. This document governs much of the work by the committee throughout the Congressional Session. This document is not public yet but highlights several key sections that pertain to Ukraine. [Full HFA Oversight Plan is attached]. q. Russia: The Committee will address the impact of Russia's foreign policy on U.S. political, economic, and other interests in key countries and regions, with a focus on identifying significant areas of competition and potential cooperation. Of note is the Administration?s announced intention to negotiate new agreements with Russia on limiting strategic forces and ballistic missile defense, including the U.S. system scheduled for deployment in Europe. Russia?s adherence to the rules of the World Trade Organization and the impact on U.S. exports will be addressed. The Committee will also review how Russia?s domestic policies impact the U.S., and will consider the country?s respect for human rights, democratic governance, and rule of law r. Europe/Eurasia: The Committee will review U.S. relations with European countries, with an emphasis on the European Union and NATO, including potential membership of the Western Balkan nations in those institutions. Key issues will include removal of barriers to trade, including a potential Trans-Atlantic Free Trade Area, the deployment of a regional ballistic missile defense system, the impact of the European financial crisis, diversification of energy sources, and Turkey?s new foreign policy orientation and its domestic political evolution, among others. The Committee will also conduct oversight of U.S. policy in Central Asia, including as it relates to the 2014 transition in Afghanistan. t. Human Rights and Democracy: The Committee will examine U.S. activities to promote democracy and protect human rights around the world. The Committee will critically assess U.S. involvement with multilateral human rights mechanisms, to ensure that U.S. diplomacy serves to promote fundamental human rights and freedoms. Working with the Commission on Security and Co-operation in Europe, this Subcommittee will seek to pressure the VY Government. The best block of its actions is to have the pertinent SubCommittee on Europe take more positive stands. This is the strategy we are building. Senate case Document 1135-5 l?lleG U/le/lb Page 4/ OT 119 be5 Due to the confirmation of Secretary Kerry the relevant committee in the US Senate for Ukraine, the Senate Foreign Relations Committee has undergone few changes thus far. The Republicans have made its appointments and it is expected that the Senate leadership will make the final Democratic appointments during the week of February However, we do know that Senator Dick Durbin will no longer serve on the Committee. Nor will Senator Jim lnhofe (R-OK). These two Senators were the lead sponsors on Senate Resolution 466 that was passed last year. The Democrat Chair of the Full Committee is now Robert Menendez and the Ranking Republican is Bob Corker. Neither have been active on Ukrainian issues in the past. Last week the SFRC finalized subcommittee assignments. The subcommittee of importance to Ukraine is on European Affairs, which will be chaired by Chris Murphy (D-CT). The ranking member is Ron Johnson Our consultants are close to both members. Also, both members are quite unfamiliar with Ukraine issues so we have an opportunity to build these relations successfully. We have started the process of working with them to understand the broader Implications. The Portnov visit was the first step in using officials to do so. Hapsburg leadership will be visiting in early March. Resolutions and Legislation At the time of this memo, there are only two resolutions that have been introduced related to Ukraine. On January 14, Rep. Marcy Kaptur (D-OH-9) introduced two resolutions regarding Ukraine. Both Resolutions were referred to the House Committee on Foreign Affairs and have gained no additional sponsors as of January 31. H.Res. 27 - Supporting the establishment and full funding of a staff exchange program between the House of Representatives and the Parliament of Ukraine, the Verkhovna Rada, as soon as possible. 0 H.Res. 28 Condemning the persecution of political opposition leader Yulia Tymoshenko as well as other political prisoners, among them former internal affairs minister Yuri Lutsenko. H.Res 28 is a resolution that the Congresswoman introduces every year but it never receives attention. Our AC team has already contacted Chairman Royce on this matter. He has directly assured us that the resolution will not gain approval from the committee, and will not be brought up for debate. There is some renewed calling for additional actions to be taken against Ukraine. Thus far this rhetoric has only come from Ukraine's opposition and former US Ambassador to Ukraine Steven Pifer two weeks ago during an interview with Voice of America. Pifer indicated that the US Congress is concerned about the situation in Ukraine, and could use sanctions to pressure the into freeing what it calls political prisoners. This statement is his personal assessment based on what he wants. It is not reflective of any new developments in the new Congress. Some critics are saying the focus will return to a bill that was passed by the US Congress at the end of last year called the ?Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of case Document 1'05-5 l?lleG U/le/lb Page 46 OT 119 be4 Law Accountability Act of 2012? otherwise known as the Magnitsky Act. The bill was signed into law by President Obama on December 14"?2012. Some critics of Ukraine suggest expanding the scope of this legislation to include Ukraine and place travel sanctions on certain Ukrainian Government officials. Our AC team is monitoring this bill closely. Although McCain has recently asserted his intention to do so, after meeting with Eugenia Tymoshenko, to date there has been no action has been taken by any Congressional member. We are building a firewall to withstand this effort. IMF Ugdate Recent meetings with the IMF delegation in Kyiv went well. Although a deal has not been concluded yet, the foundation for a future cooperation is emerging. Confidence at the IMF is higher than it has been in some time. Discussions with IMF officials highlighted several positive results from the recent visit The most important point, from the standpoint of the IMF negotiating team is the fact that the IMF believes the Government?s new economic team is working as a team. The IMF saw a unified position of the Ukraine government. The IMF sees the momentum growing inside of the Government to ?get a deal done? and is encouraged by this progress. This finding is fundamental to securing a new deal. Over the past 18 months, the IMF believed the Ukraine Government was not serious and thus the IMF was not prepared to enter into meaningful discussions. The recent discussions were viewed as a constructive change. With a more positive atmosphere, the IMF is listening more carefully and is seeking to identify how to create a deal that will be consistent with IMF requirements and tolerable for the Government of Ukraine. This growing momentum, from IMF's standpoint, has two components: 1. The and IMF have developed a mutual understanding ofwhere the problem is. From the standpoint of the IMF, this "understanding? never existed before, and is viewed by the IMF as an extremely positive development. 2. The and IMF have so far not agreed to a mutually acceptable solution regarding increased prices for consumer gas. The IMF is privately and publicly claiming that it is not going to give in on this because from the Fund's standpoint there is no alternative to increase these prices, both in the short-and long?term. Taking into account the recent progress, the IMF is prepared to send a mission back to Kyiv at the end of March, but only if Ukraine comes up with a coherent solution that reflects increased gas tariff prices. The IMF is ready to discuss options on how to increase tariffs. The primary one that is acceptable to the is known as the ?Indonesian scenario? proposed by First Deputy Managing Director, David Lipton. This option envisions targeted subsidies for those who are affected by the increase most. The IMF is also prepared to be flexible on timing, for example, the increase can occur after the heating season is over, so that the mechanism of subsidies using IMF funding and expertise can be developed by the beginning of the next heating season. case uocument 155-5 l?lleG U/le/ld Page 49 OT 119 beb Carnegie Endowment for International Peace On Friday, February 22"? Andriy Portnov will participate in an event being sponsored by Carnegie along with Deputy Assistant Secretary of State Thomas Melia on the ?Human Dimension of Ukraine's OSCE Chairmanship?. This will provide important exposure on Ukraine?s leadership role of the OSCE. The event will be a roundtable format and is closed to the press. One of our contacts at Carnegie will moderate the event. The event will focus on key reforms of the Ukrainian Government. While judicial and criminal reforms will be discussed, this represents an important opportunity for Portnov to focus on the many of the other reforms that Ukraine?s Government is implementing. Portnov?s messaging will be important to our positive ?Engage Ukraine? strategy and puts us on the path of discussing the positive contributions of Ukraine and the many reforms it is introducing to modernize the country. Conclusions The key for 2013 is for us to promote a new more aggressive agenda in Washington that is positive in nature, not defensive. We are building this strategy on several pillars. One is the new CPC where we believe we can gain positive traction by creating interaction between U56 and Ukrainian officials focusing on improvements to the latest CPC. This month Portnov and Lukash are coming to Washington to begin this process. Second, we are building out a plan that takes the agreement of the last US-Ukraine Summit and lays out ways to emphasize the key areas ofjoint co-operation. Finally, we are building a program of briefings by our Hapsburg friends to come to Washington in the Spring of this year to brief key US officials, and give speeches to important think tanks on the importance of supporting a policy of engagement with Ukraine to accelerate Ukraine?s integration into Europe. I will be providing regular updates so that you are aware of activities, pro or con, occurring in Washington. The important point I want to emphasize is that the team is fully engaged and active in the Administration and the Congress. The Tymo lobby is active but so are we. base Document 1135-5 l?lleCl U/le/lti Page OT 11.9 beb Exhibit PP uase Document 195-5 l?lleG Page bl GT 119 be/ MEMORANDUM To: President VFY From: PIM Subject: Hapsburg - Update Date: February 21, 2013-02-20 EXecutive Summary Over the past 8-months the Hapsburg team has been critically active in a number of events that have been staged to drive speci?c and positive messaging for the In addition to the public events, the Hapsburg team has provided valuable back-channelling and timely information on relevant issues between European Commissioners and other high-ranking EU personnel. The primary strategy of the Hapsburg team following the October 28th elections was to intensify relations with relevant EU institutions, EU leaders and several key member states including France, Germany and Italy. The objective was to change the tone and rhetoric coming out of the EU regarding its relations with Ukraine. The first post-election event staged by the Hapsburg team was in Paris, where members of the team spoke positively about the election outcome, and used that analysis to encourage Europe to seize the opportunity of deepening ties with Ukraine and signing the AA. The event was impactful and focused the debate on relevant and positive issues regarding Ukraine, which was the intended outcome. Each time we change the rhetoric away from YT, we are making progress and focusing the'West on positive changes that are occurring in Ukraine. This strategy proved effective in Europe, where the dialogue has changed to ?engagement" with Ukraine, and the belief of the EU that the AA will be executed this year. The Hapsburg efforts have been broadened to cover other key European countries, and as a result their success, they will also include the US where they can add important credibility to the dialogue that is occurring in the US Government. Habsburg Actiyigy [November 2012 - Februa? 2013] 1. Back-channel diplomacy - In the past 90 days the Habsburg team has been especially active in engaging key European leaders behind-the-scenes to discuss issues on behalf of Ukraine. The Hapsburg team have communicated privately with top officials such as Barroso, Ashton, and others in Brussels, and continue to speak with them in order to coordinate ways to help the finalize the AA agreement. The involvement of the Hapsburg team with reSpect to these efforts has been successful with many important messages being exchanged between the two sides. The Habsburg members have also spoken to EU officials and senior officials about the importance of IMF cooperation and financial support for Ukraine. Several of the team members have carried many messages for the back and forth from Martin Schulz and other EP leaders, and is working hard to dilute many of the negative motions that have been suggested against Ukraine. We have also learned case Document l?lleG U/le/l? Page DZ OT 119 Pagelua: beb about what YT is saying privately to EU leaders due to the success of the Habsburg network. Through contacts of the Hapsburg team in Italy, work is being? done with senior Government of?cials close to Prime Minister Monti to create closer relations in the trade and investment sectors, building a Ukraine-Italy Business Council and demonstrating the importance of Ukraine to Italy. The team is also having private talks with top advisers to President Hollande as well as French Foreign Minister Laurent Fabius to help improve relations, in?uence French policy, and gain support for the AA, and to argue Ukraine's case. The team will also continue to work behind the scenes inside PACE and the EP and to prevent negative statements and try and improve treatment of Ukraine. The team is fully engaged in working through the issue of selective prosecution with the goal of getting President Shultz to understand the broader picture and to focus on more policy oriented policy issues. In March, members of the team will be meeting with high-level USG officials to promote a positive ?engage Ukraine" program for the US. New members are being brought on to the Hapsburg team. These new members will be of the same calibre as the original members. 2. Post-Election Event in Paris and Media Campaign. In the wake of the parliamentary elections, the Hapsburg team organised a conference in Paris in November to help convey positive messaging regarding the election. It provided an opportunity to discuss the country's European integration perspectives post-election, France-Ukraine relations and the advantages of the Association Agreement. Attended by key members of the team, the conference further examined perspectives for defence cooperation between NATO and Ukraine - with Kyiv playing the strategic role of bridge between the EU and Russia - and called for a more pragmatic approach to Ukraine?EU relations. Extensive media coverage was conducted around the conference by the Hapsburg team, including the in?uential TV news channel France 24, the weekly magazine Marianne; and the country's most popular newspaper Le Monde. in addition, a lead story was'published entitled, ?Leading European Statesman Call for Steps to Improve Relations between Europe and Ukraine?. The news story was printed by 340 editorial publications. 3. Next Steps (Paris, Rome, Washington): All members of the Hapsburg team are committed to continuing with the project and working with key EU leaders in the major European cities including Brussels, Berlin, Paris, and Rome. The Hapsburg team will provide messaging and media engagement following the February 25th EU-Ukraine Summit. The team will also be Speaking with key EU leaders throughout the summit driving critical messages to senior EU of?cials. Members of the team have been invited by Fabius to meet in Paris in early March to review French foreign policy toward Ukraine. All Habsburg members have agreed to participate in a series of at least six pro-Ukraine conferences plus multiple interviews, op/eds and roundtables during 2013. uase bl: Document l?lleG Ulle/lb Page 55 OT 11.9 PagelUFF beH The first of the key conferences will take place for 2013 is on March in Rome at the Library of the Parliament, with the high level participation of the team members. The Hapsburg team will engineer major positive media in Italy as a result of this event. The Hapsburg team will also do a series of events between March and May in Washington DC designed to change the public rhetoric directed at Ukraine, but to also in?uence key members of the US Government through private meetings held at the highest levels. This will include major speeches, participation in key events, and private meetings with senior US officials including Secretary of State john Kerry, and other members of the Administration. It The Hapsburg team is also in the process of recruiting one or two new team members and position them in front of the media to support the leadership vision of the This will be relevant as we focus on the geopolitical value of Ukraine to the EU. The Hapsburg team also have a group of more than 15 potential MPs, who can become our advocates in the 5? (including EPP members) and who can be integrated into the Habsburg project so we can create more positive messaging and media directly in Strasbourg and Brussels for Ukraine. Conclusions The Hapsburg team has demonstrated many successes over the last several months. The elements of the Hapsburg project have proven very effective in dealing with the EU. The key to these successes is that the participants are significant European leaders who are viewed as objective regarding Ukraine. This has allowed them to make their points without any apparent self-interest, thus giving their comments more weight and impact. The new year is already providing many more opportunities for Hapsburg to engage and provide substantial value to the Ukraine efforts. By expanding the presence of the Hapsburg team to the US this year, several important objectives will be achieved much faster as a result of the direct involvement of the team. It is critical that we use the Hapsburg team to coordinate key messages publicly, but to also leverage the team's experience, expertise, and network of high pro?le EU and US officials behind the scenes as much as possible. The group will play a prominent role in the lead-up to Vilnius. They are fully engaged and briefed. The EU rhetoric has changed dramatically over the last three months and is now truly engaging Ukraine on important issues. The Hapsburg team efforts will continue to ensure this happens. base Document 1'05-5 l?lleCl U/le/lti Page '04 OT 1153) Exhibit QQ case uocument 1'05-5 l?lleCl U/le/lt? Page bb OT 119 Zb/l To: BVK, SL From: PIM RE: Campaign budget for national and regional Radio advertising I understand that there is some question about the need for the level of media buy in the budget. This is my revised minimum amount we need. If we cut this budget, we lose. It is that simple.