It is widely stated that "Ukraine Democracy Defense Lend-Lease Act of 2022" exempts Ukraine from paying back for military aid, e.g.
Under the current American law . . . makes the recipient country fully financially liable for any costs incurred, including reimbursement for the damaged or destroyed items. The Ukraine Democracy Defense Lend-Lease Act of 2022 exempts Ukraine and neighbouring countries from these and several other requirements link
But above-mentioned act has only the following:
(2) EXCLUSIONS. . . .
(A) Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)).
(B) Section 61 of the Arms Export Control Act (22 U.S.C. 2796).
So it excludes item 3 of Foreign Assistance Act but not 503(b)(5) that says that aid has to be repaid.
(5) the loan agreement provides that
(A) if the defense article is damaged while on loan, the country or international organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and
(B) if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article.
Is that a mistake or will Ukraine actually have to pay back, or does 503(b)(5) not apply here because of some technical legal exception?