Reality Check: This above provision in the China agreement led to a major debate in the US Congress forcing the then Reagan Administration to concede, as is reflected in the Congressional joint resolution which led to a separate agreement on implementation arrangements. There is particular emphasis on laws in effect “at the time of each export”. There is no such rider for India. Instead, there is correlation drawn to international law and the Vienna convention, which the US agreed despite not being a signatory to this convention.

Certification Issues

China: No export licenses or transfers to China until that country has provided additional information concerning its nuclear non-proliferation policies and the US President certifies that China is not in violation of Section 129 (2) of the US Atomic Energy Act of 1954 regarding assistance to any non-nuclear weapon state in its weapons programme (Congressional Joint Resolution, Public Law 99-183, 16 December 1985). President certifies that China has provided such information (Presidential Determination No.98-10, 12 January 1998).

India: No such provision regarding India’s relations with third countries nor any requirement for certification.

Reality Check: Clearly, China has to consistently prove its non-proliferation credentials which has to be certified by the US President before grant of export licenses. No such provision in India’s agreement.

Verification

China: Establish mutually acceptable arrangements for exchanges of information and visits to material, facilities and components subject to this agreement (Article 8.2). Reciprocal arrangements made pursuant to Article 8 have been designed to be effective in ensuring that any nuclear material, facilities or components provided under this agreement shall be utilised solely for intended peaceful purposes (Presidential Determination No.98-10, 12 January 1998).

... contd.