A word dropped, a word inserted and the assurances are fulfilled!

In fact, a little later in his speech, he assured Parliament a third, and a then fourth time, ‘We seek the removal of restrictions on all aspects of cooperation and technology transfers pertaining to civil nuclear energy — ranging from supply of nuclear fuel, nuclear reactors, reprocessing spent fuel, i.e., all aspects of complete nuclear fuel supply. Only such cooperation would be in keeping with the July Joint Statement.’

Persons like me pointed out that the ‘full cooperation’ the US would enter into could not but be ‘less than full’. The reason was simple: US authorities — including President Bush — have stated time and again that as reprocessing, enrichment and heavy water have to do with producing nuclear weapons, and not with meeting energy requirements, the US shall not transfer technologies, materials or equipment related to these three vital aspects. Sponsors of the Hyde Act, that is the ones on whom India was relying to see the legislation through Congress, themselves emphasised this in their speeches on the floor and in the Joint Explanatory Statement that they submitted while forwarding the reconciled bill to the two Houses.

And throughout the negotiations for the 123 Agreement, the US Government stuck to this stand. But how to save the Indian Government’s face? Through what our prime minister in his statement of August 13, 2007, calls, ‘forward looking language’! Article 5(2) of the 123 Agreement, which the prime minister claims as an achievement, is the result. It provides, ‘Sensitive nuclear technology, heavy water production technology, sensitive nuclear facilities, heavy water production facilities and major critical components of such facilities may be transferred under this Agreement pursuant to an amendment to this Agreement. Transfers of dual-use items that could be used in enrichment, reprocessing or heavy water production facilities will be subject to the Parties’ respective applicable laws, regulations and license policies.’

Notice the two conditions: (1) ‘pursuant to an amendment to this Agreement’; and (2) ‘subject to the Parties’ respective applicable laws, regulations and license policies.’ And then too, ‘may be transferred’. When the Agreement which has not even become effective will be amended, no one knows! And how it will be amended when the ‘applicable laws, regulations and license policies’ of the US explicitly prohibit such transfers, no one knows! But the ‘forward look’ zindabad!

But what about that four-times repeated assurance to Parliament? The prime minister’s new statement, the one of August 13, 2007, deploys an ‘out-of-the-box’ solution. ‘The concept of full nuclear cooperation has been clearly enshrined in this Agreement,’ the PM’s new statement reads. ‘The Agreement stipulates that such cooperation will include nuclear reactors and aspects of the associated nuclear fuel cycle, including technology transfer on industrial or commercial scale.’

... contd.

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