N-deal: India, US may explore all options despite Left protests

New Delhi
4 September 2007

Minor changes to the United States-dictated timeline permitting,
Washington and New Delhi are expected to explore all their options for bringing the
proposed India-US civil nuclear cooperation agreement to fruition despite the serious
reservations voiced by the Left parties.

The George W Bush Administration feels it can still act on its promise to be a "sherpa" in
the Nuclear Suppliers Group (NSG) if Prime Minister Manmohan Singh's Government
wraps up an India-specific safeguards agreement with the International Atomic Energy
Agency (IAEA) by October.

Sources told this newspaper that the US was looking at a possible meeting of the NSG
consultative group in Vienna in October or November. The proposed India-US civil
nuclear cooperation agreement will be on its agenda. The 123 Agreement could then be
formally sent to Capitol Hill for a final vote in November or December.

The NSG, however, can take up India's case only after the safeguards agreement is in
place. New Delhi's worry is compounded by doubts about the attitude of certain NSG
members like China, Norway and Austria and also whether domestic opposition to the
nuclear deal will have any adverse impact.

CPI(M) General Secretary Prakash Karat has said that the Left remains firm in its
opposition to operationalising the nuclear deal. "The Government was planning to
approach IAEA in September. Usually, September is the time when the IAEA conducts
most of its business. The CPI-M's firm stand is that the government should not approach
IAEA before the Hyde Act panel brings out its report. If the government takes any follow-
up action on the deal, all steps to stall it would be taken," Mr Karat told Deshabhimani,
CPI(M)'s official organ in Malayalam.

The Bush Administration has drawn up plans to discuss the nuclear deal with certain
members of the US Congress, despite the recent domestic troubles of Prime Minister
Manmohan Singh. US Undersecretary of State for Political Affairs Nicholas Burns is
expected to interact with Congressman Ed Markey, a Democratic member of the US
House of Representatives, later this month, ahead of a likely visit to Washington by
Minister of External Affairs Pranab Mukherjee.

Atomic Energy Commission Chairman Dr Anil Kakodkar has said that he will be "taking
the call" two days before the IAEA 51st General Conference, which will be held in Vienna
from September 17 to 21. India has already held a series of talks with the IAEA.

The sources said that Rule 4 of Procedure of the General Conference of the IAEA says
that any member may request the director general to convene a "special session" of the
General Conference. The Rule reads: "If within 30 days of the date of the communication
of the director general a majority of the members concur in the request, a special
session of the General Conference shall be convened".

The sources said that any possible safeguards agreement with India will need to be
based on INFCIRC/66/Rev2, which are item specific agreements done with non-NPT
states. According to Article 6-E of the IAEA Statute, in theory, simple majority of those
present and voting (of the 35 members) would be enough to take a decision. In practice
though, the Board of Governors has so far followed the "Vienna Spirit" in approving
safeguards agreements, which encourages Board members to reach consensus in
taking decisions.

A request for inclusion of item in the provisional agenda of the IAEA Board of Governors
can be made 72 hours before commencement of the meeting. A similar request to the
IAEA General Conference has to made 90 days in advance. However, a "supplementary
item" can be sought to be included 30 days before the General Conference begins. Also,
"additional item" can be included if the General Conference decides by a majority of
those present and voting.

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