PM: No annual US certification needed; says reprocessing right is permanent, IAEA safeguards pact will be taken up soon

New Delhi
13 August 2007

Prime Minister Manmohan Singh on Monday told Parliament that the
United States has given "permanent" consent for India to reprocess spent nuclear fuel
and that the US cooperation with India will not be subject to an annual certification
process.

"Our reprocessing rights are upfront and are permanent in nature," he told the Lok
Sabha. (His statement was tabled in the Rajya Sabha.) He added: "US cooperation with
India is a permanent one. There is no provision that states that US cooperation with India
will be subject to an annual certification process."

His statement made no reference to the Hyde Act, which has been cited by the Left
parties to oppose the proposed India-US civil nuclear cooperation agreement. CPI(M)
General Secretary Prakash Karat has referred Section 104 g (2) E (i) rpt Section 104 g (2)
E (i) of the Hyde Act to suggest that the annual certification and reporting to the US
Congress by the President on a variety of foreign policy issues would be enforced by
successive US Presidents to coerce India to accept the strategic goals of the US.

Again, Article 14 (9) of the 123 Agreement does not reflect fully his assertion that
reprocessing rights are permanent in nature. The Article states that the arrangements
and procedures for reprocessing fuel will be concluded later and they "shall be subject
to suspension by either party".

Prime Minister Singh said that the finalisation of an India-specific safeguards agreement
with the International Atomic Energy Agency "is being taken up shortly", ignoring the
demand made by the opposition BJP-led NDA, the UNPA and the Left parties alike that
the next steps for operationalising the agreement should be put on hold.

"We have negotiated this agreement as an equal partner," he asserted. "There is no
question that we will ever compromise, in any manner, our independent foreign policy.
We shall retain our strategic autonomy [and] the agreement does not in any way impact
on India's ability to produce and utilise fissile material for its current and future strategic
needs."

He said that the concept of full civil nuclear cooperation has been clearly enshrined in
the 123 Agreement. He, however, hastened to add that the US has a policy of not
supplying to any country enrichment, reprocessing and heavy water production
technology but the agreement provides for such transfers to India through an
amendment.

He said: "Forward-looking language has been included for dual use transfers of
enrichment, reprocessing and heavy water production facilities. We hope transfers will
become possible as cooperation develops and expands in the future."

He clarified that the agreement did not affect India's right to conduct nuclear tests, if it
was necessary in the national interest, because a multi-layered consultation process
has been included with regard to "any future events" that may be cited as a reason to
seek cessation of cooperation or termination of the agreement.

Prime Minister Singh said that there was no change in India's position that she would
accept only IAEA safeguards on our civilian nuclear facilities. "This would also be in a
phased manner and as identified for that purpose in the Separation Plan, and only when
all international restrictions on nuclear trade with India have been lifted. India will not
take any irreversible steps with the IAEA prior to this," he emphasised.

He justified the nuclear pact with the US on the ground that even if India were to exploit
all her known resources of coal, oil, gas and hydropower, she would still be confronted
with a yawning demand and supply gap.

"Nuclear energy," he said, "is a logical choice for India. Indigenous supplies of uranium
are highly inadequate and hence we need to source uranium supply from elsewhere."

He went on to suggest that there would be "major spin-offs" for the private and public
sector industries in the area of high technology trade. Another major gain for India, he
pointed out, would be creation of opportunities for Indian scientists to participate in the
international activities.

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