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China’s (no big) deal

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  • Pranab Dhal Samanta

    India: Parties grant each other consent to reprocess. To bring these rights into effect, India will establish a new national reprocessing facility. Consultations and arrangements will begin within six months of a request and will be concluded within one year (Article 6.iii).

    Reality Check: While US only promises to consider a Chinese request for reprocessing in the future, India has a clear and explicit consent. Incidentally, China still hasn’t got this consent.

    Cessation of Cooperation

    China: Shall endeavour to avoid taking any actions that affect cooperation. If either party at any time does not comply with the provisions of this agreement, the parties shall promptly hold consultations on the problem, it being understood that the other party shall have the rights to cease further cooperation (Article 7.1).

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    India: Right to terminate this agreement on one year’s written notice and shall provide reasons for seeking such termination. Shall consider the relevant circumstances and promptly hold consultations to address the reasons. Party seeking termination has the right to cease further cooperation if it determines that a mutually acceptable resolution has not been possible or cannot be achieved. Agree to consider carefully the circumstances that may lead to termination or cessation and take into account whether they resulted from a Party’s serious concern about a changed security environment or as a response to similar actions by other States which could impact national security (Articles 14.1 and 14.2).

    Reality Check: Both agreements extend this right to either party. However, unlike in the case of China, there are provisions of one-year notice period and consultation on circumstances built into the agreement with India. In China’s case, cooperation can be stopped immediately.

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