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Indo-US civilian nuclear agreement

Posted in August 16th, 2008 By


US President George W. Bush and India’s Prime Minister Dr. Manmohan Singh exchange handshakes in New Delhi on March 2, 2006

Indo-US civilian nuclear agreement is the name commonly attributed to a bilateral agreement on nuclear cooperation between the United States of America and the Republic of India. The framework for this agreement was a Joint Statement by Indian Prime Minister Manmohan Singh and U.S. President George Bush, under which India agreed to separate its civil and military nuclear facilities and place its civil facilities under IAEA safeguards and, in exchange, the United States agreed to work toward full civil nuclear cooperation with India.

The Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006, also known as the Hyde Act, is the U.S. domestic law that modifies the requirements of Section 123 of the U.S. Atomic Energy Act to permit nuclear cooperation with India

The 123 agreement defines the terms and conditions for bilateral civilian nuclear cooperation, and requires separate approvals by the U.S. Congress and by Indian cabinet ministers . According to the Nuclear Power Corporation of India, the agreement will help India meet its goal of adding 25,000 MW of nuclear power capacity through imports of nuclear reactors and fuel by 2020.

After the terms of the 123 agreement were concluded on July 27, 2007,

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Background

Signatories to the Nuclear Non-Proliferation Treaty (NPT) are granted access to civilian nuclear technology from each other as well as nuclear fuel via the Nuclear Suppliers Group in exchange for International Atomic Energy Agency-verified compliance of the NPT tenets. India, Israel, and Pakistan, however, have not signed the NPT, arguing that instead of addressing the central objective of universal and comprehensive non-proliferation, the treaty creates a club of “nuclear haves” and a larger group of “nuclear have-nots” by restricting the legal possession of nuclear weapons to those states that tested them before 1967, who alone are free to possess and multiply their nuclear stockpiles. India insists on a comprehensive action plan for a nuclear-free world within a specific time-frame and has also adopted a voluntary “no first use policy”.

In response to a growing Chinese nuclear arsenal, India conducted a nuclear test in 1974 (called “peaceful nuclear explosion” and explicitly not for “offensive” first strike military purposes but which could be used as a “peaceful deterrence”). Led by the US, other nations set up an informal group, the Nuclear Suppliers Group (NSG), to control exports of nuclear materials, equipment and technology. As a result, India was left outside the international nuclear order. India conducted 5 more nuclear tests in May, 1998 at Pokhran.

Rationale behind the agreement

Competition for conventional energy

The growing energy demands of the Indian and Chinese economies have raised questions on the impact of global availability to conventional energy..The Bush Administration has concluded that an Indian shift toward nuclear energy is in the best interest for America to secure its energy needs of coal, crude oil, and natural gas.

Nuclear non proliferation

While India still harbours aspirations of being recognised as a nuclear power before considering signing the NPT as a nuclear weapons state However, members of the IAEA safeguards staff have made it clear that Indian demands that New Delhi be allowed to determine when Indian reactors might be inspected could undermine the IAEA safeguards system.

Economic considerations

Financially, the U.S. also expects that such a deal could spur India’s economic growth and bring in $150 billion in the next decade for nuclear power plants, of which the US wants a share.

Strategic

Since the end of the Cold War, The Pentagon, along with certain U.S. ambassadors such as Robert Blackwill, have requested increased strategic ties with India and a de-hyphenization of Pakistan with India.

While India is self-sufficient in thorium, possessing 25% of the world’s known and economically viable thorium, Indian support for cooperation with the U.S. centers around the issue of obtaining a steady supply of sufficient energy for the economy to grow. Indian opposition to the pact centers around the concessions that would need to be made, as well as the likely de-prioritization of research into a thorium fuel-cycle if uranium becomes highly available given the well understood utilization of uranium in a nuclear fuel cycle.

Agreement

On March 2, 2006 in New Delhi, George W. Bush and Manmohan Singh signed a Civil Nuclear Cooperation Agreement, following an initiation during the July 2005 summit in Washington between the two leaders over civilian nuclear cooperation.

Heavily endorsed by the White House, the agreement is thought to be a major victory to George W. Bush’s foreign policy initiative and was described by many lawmakers as a cornerstone of the new strategic partnership between the two countries. The agreement is widely considered to help India fulfill its soaring energy demands and enter the U.S. and India into a strategic partnership. The Pentagon speculates this will help ease global demand for crude oil and natural gas.

On August 3, 2007, both the countries released the full text of the 123 agreement.

Hyde Act Passage in the U.S.

On December 18th, President George W. Bush signed the Act into law. The Act was passed by an overwhelming 359-68 in the United States House of Representatives on July 26th and by 85-12 in the United States Senate on Nov 16th in a strong show of bipartisan support.

The House version (H.R. 5682) and Senate version (S. 3709) of the bill differed due to amendments each had added before approving, but the versions were reconciled with a House vote of 330-59 on Dec 8th and a Senate voice-vote on Dec 9th before being passed on to President G.W. Bush for final approval. Nonetheless, while softened, several clauses restricting India’s strategic nuclear program and conditions on having India align with U.S. views over Iran were incorporated in the Hyde Act.

In response to the language Congress used in the Act to define U.S. policy toward India, President Bush, stated “Given the Constitution’s commitment to the authority of the presidency to conduct the nation’s foreign affairs, the executive branch shall construe such policy statements as advisory,” going on to cite sections 103 and 104 (d) (2) of the bill. To assure Congress that its work would not be totally discarded, Bush continued by saying that the executive would give “the due weight that comity between the legislative and executive branches should require, to the extent consistent with U.S. foreign policy.” Bold text

Opposition in India

Detailed timeline

 India  United States

  • July 18, 2005: Manmohan Singh and George W. Bush announced to work on nuclear deal in Washington.
  • March 2, 2006: During Bush’s visit to New Delhi, India and USA sign formally to work on nuclear agreement.
  • March 11, 2006: Left parties attacks UPA led government terming it as ‘unequal’ during a special session of Lok Sabha saying Indian nuclear program would go in jeopardy.
  • July 28, 2006: The Left Front demands detailed discussion on the deal in Indian Parliament.
  • November 16, 2006: US Senate passes the Indo-US nuclear deal.
  • August 3, 2007: India and US unveil the 123 Agreement.
  • August 13, 2007: Indian Prime Minister makes his own statement on the deal in Parliament.
  • August 17, 2007: Left parties declare ‘honeymoon (with government) may be over but the marriage can go on’ indicating that UPA government is heading for rough days ahead.
  • September 4, 2007: UPA-Left committee discuss nuclear deal with no consensus.
  • November 16, 2007: Left parties demand that the government release the full text of the deal.
  • February 25, 2008: Left parties say the UPA would have to choose between the deal and its government’s stability.
  • March 3, 2008: Left parties warn UPA led government if nuclear deal with the US is operationalized by approaching the IAEA.
  • March 6, 2008: Left parties set a deadline asking the government to make it clear by March 15 if they are going to approach the IAEA or put down the deal.
  • March 7, 2008: CPI warns Manmohan Singh of withdrawal of support to government if IAEA is approached with nuclear safeguard agreement.
  • March 8, 2008: CPI (M) says the government should scarp the nuclear deal if the UPA-Left Committee does not approve it.
  • March 14, 2008: CPI (M) says all Left parties will not be responsible if the government falls over the nuclear deal. BJP had earlier said it would vote against the government.
  • April 23, 2008: Government says it will seek the consensus of the Lok Sabha on the 123 Agreement before it is taken up to the American Congress.
  • June 17, 2008: Pranab Mukherjee meets Prakash Karat asking the Left’s permission to allow the government to go ahead with IAEA safeguards agreement.
  • June 30, 2008: Prime Minister says his government prepare to face Parliament before it will operationalize the deal.
  • July 1, 2008: Samajwadi Party, former rival, comes out to support the government in case of trust of vote.
  • July 3, 2008: The Left parties decide to work out the timing and modalities of the pullout.
  • July 8, 2008: Left parties withdraw support to government.
  • July 9, 2008: India approaches IAEA with nuclear safeguard agreement.
  • July 22, 2008: UPA led government wins trust vote in Lok Sabha over the debate on nuclear agreement.
    Key political parties of India

Although many mainstream political parties including the Indian National Congress support the deal along with regional parties like Dravida Munnetra Kazhagam and Rashtriya Janata Dal its realisation has run into difficulties in the face of stiff political opposition in India. Also, in November 2007, former Indian Military chiefs, bureaucrats and scientists drafted a letter to Members of Parliament expressing their support for the deal.

Bharatiya Janata Party

The main opposition party BJP which laid the groundwork for the deal criticized the deal saying that the deal in its present form was unacceptable to BJP and wanted the deal renegotiated. The BJP had asked the government not to accept the deal without a vote in the parliament. However, the government remained steadfast on its commitment to the deal and has refused to back down on the agreement. 81 year old veteran BJP leader Lal Krishna Advani, in a statement to the Indian Express newspaper, seemed to indicate willingness to support the government provided some legislative measures.

Left Front

The primary opposition to the Nuclear deal in India, however, comes from the Communist Party of India (Marxist) and its parliamentary allies (CPI, RSP, AIFB) The left front formally removed the support to UPA-led government on July 8.

Others

In 2006, some Indian ex-nuclear scientists had written an appeal to Indian Members of Parliament to ensure that “decisions taken today do not inhibit India’s future ability to develop and pursue nuclear technologies for the benefit of the nation”.

United Nationalist Progressive Alliance (UNPA)

The UNPA was divided over support of the nuclear deal. While the SP supported it after consultations with Abdul Kalam, the other members of the UNPA led by the TDP opposed it saying that the deal is against India’s interest. The SP was eventually suspended from the UNPA.

Bahujan Samaj Party

The BSP also opposed the nuclear deal, saying that it was anti-muslim. The party joined hands with the Left Front and the TDP in voting against the government in Parliament on the nuclear deal.

Issues in the Indian parliament

Main article: 2008 Lok Sabha Vote of Confidence

Following the passing of the Act, negotiations on implementing the cooperation through a ‘Section 123 Agreement’ were concluded on July 27, 2007.

On June 19, 2008, news media reported that Indian Prime Minister Dr. Manmohan Singh threatened to resign his position if the Communists in India continue to oppose the nuclear deal, an opposition that Singh declares as irrational and reactionary.

On July 08, 2008, Prakash Karat announced that the Left Front is withdrawing its support to the government over the decision by the government to go ahead on the United States-India Peaceful Atomic Energy Cooperation Act. The left front had been a staunch advocate of not proceeding with this deal citing national interests.

On July 9, 2008, India formally submitted the safeguards agreement to the IAEA. implying that United Progressive Alliance government would not put its signature on any deal with IAEA if it lost the majority in either a ‘opposition-initiated no-confidence motion’ or if failing to muster a vote of confidence in Indian Parliament after being told to prove its majority by the president. Left Front withdrew support to UPA government on same day.

On 22 July 2008 the UPA faced its first confidence vote in the Lok Sabha after the Communist Party of India (Marxist) led Left Front withdrew support over India approaching the IAEA for Indo-US nuclear deal. The UPA won the confidence vote with 275 votes to the opposition’s 256, (10 members abstained from the vote) to record a 19-vote victory.

Latest developments

IAEA approval

The IAEA Board of Governors approved the safeguards agreement on August 1st 2008, and now the 45-nation Nuclear Suppliers Group must approve a policy allowing nuclear cooperation with India before President Bush can make the necessary certifications and seek final approval by the U.S. Congress.

NSG waiver

Germany, the current chair of NSG, has called a plenary session of the group on August 21-22 to discuss the draft of India specific NSG waiver. India objected to a line in the NSG draft that referred to a key paragraph in the NSG guidelines — whereby India had to accept full-scope of the “comprehensive safeguards agreement(CSA)” similar to non nuclear weapon state. Therefore, Indian and US officials deleted the offending paragraph in the latest NSG draft proposal.India’s DAE chief Anil Kakodkar said “India is not a non-nuclear weapon state. NSG guidelines (CSA) are essentially meant for non-nuclear weapons states.” He continued “..we will expect the world community to also treat us the way we are (nuclear weapon possessing state)”. He opined that the NSG’s “comprehensive safeguards agreement(CSA)” as a condition for supply should not be applicable in the case of India because India had its own strategic programme. He expressed optimism that the NSG will treat India as India is.

The wording of the US draft for carving out an exemption for India from the to the Nuclear Suppliers’ Group’s rules (called “guidelines”) seeks to irrevocably tether New Delhi to the nuclear non-proliferation regime. India would be brought under a wider non-proliferation net, with the US draft tying it to compliance with the entire set of NSG rules. India is acquiescing to its unilateral test moratorium being turned into a multilateral legality. Instead of the “full” civil nuclear cooperation that the original July 18, 2005, deal promised, India’s access to civil nuclear enrichment and reprocessing technologies will be restricted through the proposed NSG waiver.

Passage in US Congress

Howard Berman, Chairman of the crucial House Foreign Affairs Committee, in a letter to US Secretary of State Condoleezza Rice had warned that an NSG waiver “inconsistent” with the 2006 Hyde Act will “jeopardise” the Indo-US nuclear deal in US Congress.

International reaction

Besides the United States, the deal has widespread support from several states including United Kingdom,

The deal could face opposition from Ireland in the Nuclear Suppliers Group. According to CNN IBN, a former Pakistani ambassador to Austria, has stated that Pakistan is opposed to any “selective concession” to India.

See also


Energy portal

  • Indo-American relations
  • Energy policy of India
  • Nuclear power in India
  • Energy security

References

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External links

  • Press release from MEA, India
  • S. 3709: United States-India Peaceful Atomic Energy Cooperation Act (govtrack.us)
  • H.R. 5682: United States Additional Protocol Implementation Act (govtrack.us)
  • U.S.-India Nuclear Cooperation: A Side-By-Side Comparison of Current Legislation (fas.org)
  • Fact Sheet: The United States-India Peaceful Atomic Energy Cooperation Act (whitehouse.gov)
  • The text of Hyde Act
  • United States sets July Dead line for Nuclear Deal
  • Video interviews taken at the 2008 NPT PrepCom on the United States-India Peaceful Atomic Energy Cooperation Act
  • Timeline of the UPA-Left problems

v • d • e

Nuclear power in India

Operational plants

Kaiga · Kakrapar · Koodankulam · Madras · Rajastan · Tarapur

Research and testing

CIRUS reactor · Dhruva reactor · Indira Gandhi Center for Atomic Research (IGCAR) · Institute for Plasma Research (IPR) · Manuguru · Pokhran · Variable Energy Cyclotron Centre (VECC) · Smiling Buddha · Pokhran-II ·

Organizations

Atomic Energy Commission · Atomic Energy Regulatory Board (AERB) · Department of Atomic Energy · Nuclear Power Corporation of India Ltd. (NPCIL)

Other topics

Energy policy of India · United States-India Peaceful Atomic Energy Cooperation Act

Electricity in India · Wind power in India · Solar power in India

v • d • e

Foreign relations of India

Bilateral

Afghanistan · Argentina · Bahrain · Bangladesh · Bhutan · Brazil · Burma (Myanmar) · Canada · People’s Republic of China · Colombia · Cyprus · Denmark · Fiji · Greece · Iran · Iraq · Israel · Maldives · Nepal · Nigeria · Pakistan · Paraguay · Russia · Saudi Arabia · Singapore · South Africa · South Korea · Sri Lanka · Republic of China (Taiwan) · Tajikistan · Ukraine · United Kingdom · United States · Vietnam

International
organizations

United Nations · East Asian Summit · G4 · G8+5 · G20 · BRIC · IBSA · IAEA · IMF · ISO · Commonwealth of Nations · NAM · SAARC · UNESCO · WHO · WTO · SAEU · BIMSTEC

Treaties and
summits

Karachi Agreement · London Declaration · Liaquat-Nehru Pact · 1950 Indo-Nepal Treaty of Peace and Friendship · Indus Waters Treaty · Tashkent Declaration · Indo-Soviet Treaty of Friendship and Cooperation · Shimla Agreement · Indo-Sri Lanka Accord · South Asia Free Trade Agreement (SAFTA) · Lahore Declaration · U.S.-India Atomic Energy Treaty · Cebu Declaration on East Asian Energy Security · Agra summit · Africa – India Forum Summit · 2007 Delhi security summit

Related topics

Ministry of External Affairs · Diplomatic missions · Kashmir dispute · Look East policy  · Indo-Pakistani wars · Sino-Indian War · Greater India

Retrieved from “http://en.wikipedia.org/wiki/Indo-US_civilian_nuclear_agreement”
Categories: Nuclear technology in India | Energy in India | Politics of India | Energy treaties of India | Energy treaties of the United States | Independent India | Indo-American relationsHidden categories: All articles with unsourced statements | Articles with unsourced statements since July 2008


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