With one more draft already exchanged ahead of a visit by Burns, apparently during the week starting May 20, the effort is to work on the ideas discussed during Menon’s visit to iron out differences over other tricky issues.

After talks at Cape Town and Washington, there is recognition on the Indian side that US negotiators cannot go beyond the Hyde Act while US agrees that the final shape of the agreement must be in line with its commitment for “full civilian nuclear cooperation” with India.

On the other key issue of reprocessing rights, it is now accepted that neither the Hyde Act nor any other law prevents US from giving consent on reprocessing to India. All that the law states is such transfers will be with US consent. Rice, in her letter to members involved in reconciliation of the Bill last December, had urged Congressmen not to ban such technology to India and advised that “it would not be appropriate to single out India, which is a responsible steward of its nuclear technology”.

As a result, no ban was placed. And given what the views of the Bush Administration are on this issue, the move now is to obtain a “permanent consent” for reprocessing through the agreement but leave the arrangements of such transfers for later. Tying up such arrangements take time. It took 12 years with Euroatom, over five years with Japan and similar timeframe for other countries. Besides this, other ideas like setting up a consultative mechanism that will get into action in case India tests a nuclear device are also on the table and likely to find a place in the agreement.

... contd.