Ukraine's Strategic and Critical Minerals Lists Approved
Regulatory framework
On 14 July 2025, the Cabinet of Ministers of Ukraine approved by Resolution No. 845 the lists of minerals and components of strategic and critical importance, as well as the lists of subsoil areas (mineral deposits) to be provided for use through two mechanisms:
through electronic auctions for the sale of special permits for subsoil use;
by holding a tender for the conclusion of production sharing agreements (PSAs) (hereinafter – the Lists).
The Government was authorised to approve the Lists by the recent amendments to the Subsoil Code of Ukraine. For more details on these legislative changes, please follow the link.
Thus, both strategic and other minerals for which there is no substitute and a high risk of disruptions in their supply, are now classified as critical. Strategic minerals are those that contribute to the decarbonization of the economy and the transition to environmental mobility.
The adoption of these amendments aims to implement the measures envisioned by the Ukraine Facility, particularly in Section 13 (Management of Critical Raw Materials). Additionally, according to the Ukraine Facility Plan, the launch of international tenders for Production Sharing Agreements using the modal agreement terms of these agreements is anticipated for the 2nd quarter of 2025. Currently, there are no modal PSA terms.
It is worth noting that the legislative changes and the Government Lists were adopted in the context of the European Critical Raw Materials Act (Regulation 2024/1252 of 11 April 2024) and its annexes, but do not directly implement these European norms.
Notably, the Balakhivka Graphite Deposit in Ukraine has been recognised as a Strategic Project by the European Commission’s decision of 4 June 2025 recognising certain critical raw material projects located in third countries as Strategic Projects under Regulation (EU) 2024/1252. Recognition of a foreign project as a Strategic Project provides access to European financing and offtake agreements (procurement of a share of the raw materials produced by a specific raw material project).
Actual distribution of minerals
In the Lists, the Government has divided minerals as follows:
strategic minerals – 11 items, including: uranium, titanium, zirconium, copper, nickel, tantalum, strontium;
critical minerals – 28 items, including lithium, rare earth ores, vanadium, gallium, indium, caesium, tin.
Conditions of access to subsoil:
40 deposits and 15 subsoil areas (5 of which are occurrences and placers) to be provided through electronic auctions;
23 deposits and 3 fields can be developed under PSAs.
The Lists formally include deposits/sites located in the temporarily occupied territory. Still, as long as such objects are located in the temporarily occupied territory, the lists of which are approved by the Ministry for Development of Communities and Territories of Ukraine, they are effectively excluded from access.
It is worth reminding that after the start of full-scale armed aggression, no new tenders for production sharing agreements have been held in Ukraine.
Government Resolutions No. 391 and No. 392 of 8 April 2025, outline the terms of tenders for the conclusion of hydrocarbon sharing agreements to be produced within the Svichanska and Mezhyhirska fields. In addition, the Interagency Commission for the Organisation of Conclusion and Implementation of Production Sharing Agreements is preparing to announce a tender for the conclusion of PSAs at the Dobra lithium ore site (which is included in the Lists).
Additionally, this year, the Government approved amendments to the production sharing agreement for the Oleska field, transferring the rights and obligations of the investor under the PSA to PJSC Ukrnafta.
The historical context of PSAs in Ukraine is available here.
Conclusions
The subsoil use sector in Ukraine is undergoing active reforms, which foresee several significant changes shortly. If earlier the key vector of development was the process of harmonisation with EU legislation in the context of the Association Agreement and potential membership, now this track has been supplemented by a new strategic dimension – deepening the partnership between Ukraine and the United States in the field of subsoil use, in particular in the field of critical minerals.
If you would like to discuss the issues raised in this paper in more detail, please contact the SK team.
Information contained in this legal alert is for general informational purposes only, does not constitute legal or other professional advice and should not be relied upon as a substitute for specific professional advice adapted to the specific circumstances.