
India: Safeguards in perpetuity in accordance with the India-specific Safeguards Agreement between India and the IAEA (Article 10.2).
Reality Check: China has agreed to allow American inspectors to visit its sites while the agreement with India is limited to only IAEA safeguards and inspections.
Fuel Supply Assurances
China: The quantity of material transferred under this Agreement shall be the quantity which the parties agree is necessary for any of the following purposes: the loading of reactors... the efficient and continuous operation of such reactors (Article 4.3).
India: Development of a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India’s reactors (Article 2.2 e). Support an Indian effort to develop a strategic reserve; if despite these arrangements, a disruption of fuel supplies to India occurs, jointly convene a group of friendly supplier countries to pursue such measures as would restore fuel supply to India (Article 5.6 b).
Reality Check: The India 123 agreement clearly goes beyond the Hyde Act provision (Section 103-b) that fuel reserve should be “commensurate with reasonable reactor operating requirements”. As is evident this insertion in the Hyde Act was inspired by the China 123 agreement where the quantity must not exceed what is needed for “efficient and continuous operation”.
Reprocessing
China: Parties undertake the obligation to consider such activities favourably and agree to provide pertinent information on the plans during the consultations. Agree to refrain from actions which either party believes would pre-judge the long-term arrangements for undertaking such activities (Article 5.2). Obligation to consider favourably shall not prejudice the decision of the US to approve or disapprove such a request (Congressional Joint Resolution, Public Law 99-183, 16 December 1985).
... contd.