Indo-US civil nuclear deal: Tripping on the NPT agenda again

By Rajiv Singh | 16 Nov 2009

1

Washington: It now appears that along with his travel clothes the Indian prime minister, Manmohan Singh, will also have to pack a few ''assurances'' on the Indo-US nuclear deal when he arrives in Washington on a state visit on 24 November.  Should both sides fail to resolve a bureaucratic issue thrown up by the Obama administration, very intent on its NPT agenda, the 'signal honour' granted to Manmohan Singh - as the first foreign dignitary invited for a state visit to the United States - may shed some shine before the trip is over.

It now turns out the Obama administration, under the aegis of the US department of energy, has sought an "assurance" from India on nuclear non-proliferation under provisions of its Code of Federal Regulations Part 810 (pronounced Part Eight Ten) before it should be able to provide clearances to American companies for Indo-US civil nuclear trade.

In the absence of such an "assurance," India has been told, the US department of energy would not be able to issue the mandatory license permitting nuclear trade.

Under the section 57.b of the US Atomic Energy Act of 1954, as amended, only the secretary of energy is authorised to give permission, directly or indirectly, to persons or companies in the production of special nuclear material outside the US.

The provision applies to technology transfers and technical assistance to all activities of the nuclear fuel-cycle, including non-power reactors.

Assurance is the word
It is now being given to understand that when the Indian side sought to activate the ''arrangements and procedures'' provisions of the 123 agreement in February, soon after the Obama administration was sworn in, it received a letter from Washington seeking 'assurances,' under which American spent fuel would be reprocessed in India.

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