Section 104 (B)(5)(A)(III)(iii) specifies: (iii) In the event the IAEA is unable to implement safeguards as required by an agreement for cooperation arranged pursuant to Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), appropriate assurance that arrangements will be put in place expeditiously that are consistent with the requirements of Section 123 a.(1) of such Act (42 U.S.C. 2153(a)(1)) regarding the maintenance of safeguards as set forth in the agreement regardless of whether the agreement is terminated or suspended for any reason.”

Notice, India will have to continue to comply with these “fall-back” safeguards even if the 123 Agreement with the US is terminated. The Joint Explanatory Statement rubs the point in: “Section 104(d)(5)(B)(iii) mandates that, in the event the IAEA is unable to implement safeguards as required by an agreement between the United States and India approved pursuant to this title, there be appropriate assurance that arrangements will be put in place expeditiously that are consistent with the requirements of Section 123 a (1) of the Atomic Energy Act of 1954 (42 U.S.C. 2153(a)(1)) regarding the maintenance of safeguards as set forth in the agreement regardless of whether the agreement is terminated or suspended for any reason. Assurances that there will be such ‘fall-back safeguards’ if needed, are an important feature of agreements for nuclear cooperation; they enable such safeguards to exist more clearly in perpetuity... The conferees intend to assure that the requirements of Section 123 a (1) are fully met; they do not intend to impose a more intrusive regime than arrangements that have been used before in one or more US agreements for cooperation .”

... contd.