The Hindu : Front Page : Manmohan Singh spells out some concerns over U.S. nuclear legislation

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Tuesday, Jul 18, 2006

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Manmohan Singh spells out some concerns over U.S. nuclear legislation

N. Ram

No shifting of goal-post, President George Bush assures India

St. Petersburg: The Indian Government's unhappiness over "certain aspects" of the legislation on India-U.S. civil nuclear cooperation making its way through Congress has been spelt out for the first time in public. It relates, among other things, to provisions that prohibit supply of reprocessing and enrichment technologies; contain references to safeguards agreements between India and the International Atomic Energy Agency that are not India-specific but pertain to non-nuclear-weapon states; prescribe end-use verification procedures not originally envisaged; and propose arrangements not to the liking of India that could become a template for the Nuclear Suppliers Group.

Foreign Secretary Shyam Saran specified these concerns, in response to a question suggesting that it was time the Government made its concerns public, during his briefing on India's busy day — packed with `Outreach', bilateral, and trilateral meetings — at St. Petersburg.

Prime Minister Manmohan Singh had stated in advance that he would raise India's "concerns over certain aspects" of the legislation for civil nuclear cooperation making its progress, in the form of two Bills, in the U.S. Congress. The raising of these concerns, and Mr. Bush's "assurance" that the U.S. would ensure that the commitments required of India would not go beyond the India-U.S. Joint Statement of July 18, 2005 and the Separation Plan tabled in Parliament, was clearly the political highlight of the 40 minute bilateral meeting that took place on the sidelines of the G8 Summit.

"There are some concerns which worry us and worry our Parliament," Dr. Singh is reported to have told the American President. "We are a democracy and we are accountable to Parliament which zealously keeps a watch on what we do and what we do not do." The Prime Minister used the occasion to seek Mr. Bush's continued personal support for the conclusion of the nuclear deal in a manner that was consistent with the Indo-U.S. Joint Statement of July 18, 2005. "I deeply appreciate your involvement," he also told Mr. Bush. "I sincerely believe that we can find constructive solutions to all these issues."

Bush optimistic

Mr. Bush's reply went something like this: "Our Congress is working on that important piece of legislation that will encourage and allow India-U.S. cooperation, and I am optimistic we'll get that passed. I look forward to this wonderful deal you and I negotiated moving ahead."

According to Mr. Saran, the clear message from the American President was that "there would be no shifting of the goal-post."

Before the Bush-Manmohan meeting, the Government did not seem willing to spell out its "concerns" about the two Bills — HR 5682, which will be debated by the House of Representatives, and the Lugar-Biden legislation, which was overwhelmingly approved by the Senate Foreign Relations Committee on June 29. Both make significant changes to the `123 Agreement' originally submitted to Congress by the Bush administration. A 123 Agreement is Congressional jargon for a civil nuclear cooperation pact with a foreign country under the conditions outlined in Section 123 of the Atomic Energy Act.

The House Bill lays down other U.S. policy objectives not mentioned by Mr. Saran. These include getting India to place a moratorium on the production of fissile material for nuclear explosive purposes; achieving, "at the earliest possible date, the conclusion and implementation of a treaty banning the production of fissile material for nuclear weapons to which both the United States and India become parties"; ensuring India's full participation in the Proliferation Security Initiative; and securing "India's full and active participation in United States efforts to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability (including the capability to enrich or process nuclear materials), and the means to deliver weapons of mass destruction."

Asked about the implication of the provision relating to Iran in HR 5682, Mr. Saran cited Mr. Bush's explanation that in Congressional legislation there was a binding part and a number of other elements that were non-binding, which might convey "the sense of Congress."

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