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Nuclear deal provides for uninterrupted fuel supply

Special Correspondent

Right of return of U.S. material with assurances


Steps against disruption of fuel supply

Provision for consultation before termination of pact


NEW DELHI: India on Friday made public the agreement for civil nuclear cooperation with the United States which does not hinder its military nuclear programme and provides for uninterrupted supplies of fuel. It incorporates a right of return of all the U.S. supplied equipment and material if New Delhi conducts a nuclear test but after consultations and also pursuing arrangements for restoration of supplies from other sources.

The agreement, setting the stage for ending over three decades of India’s isolation from world commerce in nuclear technology, says that only further amendments would allow India to import reprocessing and enrichment technologies. Trade in dual use technologies would take place after changes in the U.S. laws.

IAEA surveillance

The 22-page document also stipulates putting all new facilities under the surveillance (safeguards) of the International Atomic Energy Agency (IAEA) and promises U.S. help in creating a separate fuel reserve facility that could be used to keep the reactor going in case Washington pulls out. The agreement also assures help to India in obtaining the approval of the 45-country Nuclear Suppliers Group (NSG). The “Agreement for cooperation between India and the U.S. concerning peaceful use of nuclear energy,” which is amendable, would remain in force for 40 years and is extendable by periods of 10 years.

In the eventuality of a nuclear test or diversion of material (without saying so in as many words), the agreement sets out a multi-layered approach to termination and cessation of cooperation. It stipulates a year’s written notice along with reasons but consultations would be held before the termination is effected. In case of violation of the IAEA safeguards agreement, the findings of the IAEA would be crucial.

Both sides have agreed to take into account whether the circumstances that led to the termination were due to a “changed security environment or as a response to similar actions by other States which could impact national security.” The U.S. will have the right to seek return of nuclear fuel and technology but it will compensate for the costs incurred as a consequence of such removal.

If fuel supplies are disrupted, the U.S. will convene a meeting of supplier countries including Russia, France and the U.K. to take steps to restore the supply. Granting consent for reprocessing, the pact envisages an IAEA monitored facility for the purpose. An agreement on guidelines for physical protection, storage and environmental protection for this facility would be finalised within a year.

Of crucial interest to India are Articles 2, 4, 5, 6 and 14 of the agreement. Defining the scope of cooperation, Article 2 allows advance nuclear R&D and the setting up of a reserve stockpile of nuclear fuel to guard against any disruption of supply during the lifetime of the rectors. It also affirms that the agreement will not affect military nuclear activities and the three-stage nuclear programme. The next clause sets out the fields covered by the agreement which include exchange of information on research in controlled thermonuclear explosion and the International Thermonuclear Experimental Reactor project, in which India recently became a participant.

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