Moreover, the 123 Agreement will contain specifications in regard to only one of the matters that are covered by the new Act — the export to India of nuclear reactors, fuel, materials. It need not contain many sections of the law precisely because that Agreement is not the place to include them — it is as if one were to be shown the export license issued to General Electric permitting it to export a reactor to India, and be told, “See, our concerns have been addressed. There is no reference to Iran, none to testing, none to inspections... A breakthrough, a triumph...” The Agreement need not contain the sections precisely because they have already been legislated in other laws — like this new Hyde Act.

Brahma Chellaney points out that there are today 23 agreements in operation under Section 123. Each differs a great deal from the other. The least that we could have done was to prepare our own draft, and negotiate on that basis. In fact, as Nicholas Burns’ statement to PTI and rediff.com reveals, the Americans are the ones who have swiftly given the draft. As a consequence, their draft is the one that will now be the basis of negotiations. The oldest trick in negotiations is to be first with the draft; to put the maximum number of conditions in it, in particular to put some conditions that you are certain the other side just cannot accept; and, then, with much foot-dragging, with much show of reluctance “take account of your concerns” and delete or modify some of those conditions!

... contd.