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Facts versus the government’s fiction

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Arun Shourie Posted: Nov 14, 2007 at 1926 hrs IST
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Everyone who has studied the Act that the US Congress has passed sees that its provisions just cannot be reconciled with the assurances the prime minister has given to Parliament. Not only has each of these been disregarded, in several cases they have been brushed aside with condescension — I don’t want to use the word others might deem more appropriate, “contempt”.

Proliferation Security Initiative

Alluding to the requirement that we join international protocols like the Proliferation Security Initiative (PSI), the PM told Parliament, “The Proliferation Security Initiative is an extraneous issue as it is outside the framework of the July 18 joint statement. Therefore, we cannot accept it as a condition for implementing the July statement. Separately, the Government has examined the PSI. We have certain concerns regarding its legal implications and its linkages with the NPT. We also have concerns with amendments to the suppression of Unlawful Activities at Sea Treaty under the International Maritime Organisation.”

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Section 103(b)(3) of the final Act requires that the US Administration ensure India’s “(A) full participation in the Proliferation Security Initiative; (B) formal commitment to the Statement of Interdiction Principles of such initiative; (C) public announcement of its decision to conform its export control laws, regulations, and policies with the Australia Group and with the guidelines, procedures, criteria, and control lists of the Wassenaar Arrangement; (D) demonstration of satisfactory progress toward implementing the decision described in subparagraph (C).” Section 104 (c) (2) (F) requires that the president report the steps that India has taken in this regard.

Strategic reserves

The PM placed great emphasis on India’s right to build strategic reserves of fuel for the reactors. He told Parliament that the Americans had given the assurance that India would be enabled to do so. As he was saying this in Rajya Sabha, the two under secretaries handling negotiations with India, Robert Joseph and Nicholas Burns, were telling the Senate Committee on Foreign Relations, “Our negotiators were very clear that, while the US would be willing to provide reasonable fuel assurances designed to counter market imperfections, fuel assurances are not a ‘condition’ to any of India’s commitments under the plan — including, in particular, safeguards in perpetuity.”

A formal clause, Section 103 (b) (10), was incorporated in the Senate Bill, and is now in the final Act. It says: “Any nuclear power reactor fuel reserve provided to the Government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.” Enough just for “operating requirements”, not for building those pie-in-the-sky “strategic reserves”.

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