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Sunday, November 15, 2009

The Indo-U.S. civilian nuclear agreement

The Indo-U.S. civilian nuclear agreement, known also as the Indo-U.S. nuclear deal, refers to a bilateral accord on civil nuclear cooperation between the United States of America and the Republic of India. The framework for this agreement was a July 18, 2005 joint statement by Indian Prime Minister Manmohan Singh and then U.S. President George W. Bush, under which India agreed to separate its civil and military nuclear facilities and place all its civil nuclear facilities under International Atomic Energy Agency (IAEA) safeguards and, in exchange, the United States agreed to work toward full civil nuclear cooperation with India.[1] This U.S.-India deal took more than three years to come to fruition as it had to go through several complex stages, including amendment of U.S. domestic law, a civil-military nuclear Separation Plan in India, an India-IAEA safeguards (inspections) agreement and the grant of an exemption for India by the Nuclear Suppliers Group, an export-control cartel that had been formed mainly in response to India's first nuclear test in 1974. In its final shape, the deal places under permanent safeguards those nuclear facilities that India has identified as "civil" and permits broad civil nuclear cooperation, while excluding the transfer of "sensitive" equipment and technologies, including civil enrichment and reprocessing items even under IAEA safeguards. On August 18, 2008 the IAEA Board of Governors approved,[2] and on February 2, 2009, India signed an India-specific safeguards agreement with the IAEA.[3] Once India brings this agreement into force, inspections will begin in a phased manner on the 35 civilian nuclear installations India has identified in its Separation Plan.[4]

The nuclear deal was widely seen[by whom?] as a legacy-building effort by President Bush and Prime Minister Singh.[citation needed] But while the deal had to pass muster with the U.S. Congress twice (once when the Hyde Act was passed in late 2006 to amend U.S. domestic law and then when the final deal-related package was approved in October 2008), Singh blocked the Indian Parliament from scrutinizing the deal. The deal proved very contentious in India and threatened at one time to topple Singh's government, which survived a confidence vote in Parliament in July 2008 by roping in a regional party as a coalition partner in place of the leftist bloc that had bolted.

On August 1, 2008, the IAEA approved the safeguards agreement with India,[5] after which the United States approached the Nuclear Suppliers Group (NSG) to grant a waiver to India to commence civilian nuclear trade.[6] The 45-nation NSG granted the waiver to India on September 6, 2008 allowing it to access civilian nuclear technology and fuel from other countries.[7] The implementation of this waiver makes India the only known country with nuclear weapons which is not a party to the Non Proliferation Treaty (NPT) but is still allowed to carry out nuclear commerce with the rest of the world.[8]

The US House of Representatives passed the bill on 28 September 2008.[9] Two days later, India and France inked a similar nuclear pact making France the first country to have such an agreement with India.[10] On October 1, 2008 the US Senate also approved the civilian nuclear agreement allowing India to purchase nuclear fuel and technology from the United States.[11][12] U.S. President, George W. Bush, signed the legislation on the Indo-US nuclear deal, approved by the U.S. Congress, into law, now called the United States-India Nuclear Cooperation Approval and Non-proliferation Enhancement Act, on October 8, 2008.[13] The agreement was signed by Indian External Affairs Minister Pranab Mukherjee and his counterpart Secretary of State Condoleezza Rice, on 10 October.[14][15]

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