US legislator cites Hyde Act to 'gag' PM; Ed Markey says Congressional approval of N-deal is conditional upon India's participation to contain Iran

New Delhi
14 November 2007


US legislator cites Hyde Act to 'gag' PM, questions stand on Iran; Ed Markey says Congressional approval of N-deal is conditional upon India's full and active participation to contain Iran

Reinforcing the Left's suspicion that the United States will use the
nuclear deal to drag India into its global strategy, an American legislator has said that
the Congressional approval of the proposed India-US civil nuclear cooperation
agreement will be conditional upon India's full and active participation in the US efforts
to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire
weapons of mass destruction.

An American analyst on nonproliferation issues, in turn, has asked the Nuclear Suppliers
Group (NSG) and the US Congress to ensure that the 123 Agreement is in conformity with
the US law, namely the US Atomic Energy Act and the Hyde Act. "It is not clear what
would happen if India tests another nuclear device -- do US exports terminate? Will the
US encourage or discourage other states from supplying India in that event? Would US
consideration of mitigating factors surrounding an Indian test lead to continuation of
exports?" the analyst wanted to know.

In what some would say is an audacious to constrict India's sovereignty and
independence of foreign policy, Ed Markey, a Democrat and member of the US Congress,
"condemned" the Prime Minister for saying that negotiations within the framework of the
International Atomic Energy Agency (IAEA) must be considered as the basis for resolving
the Iranian nuclear issue.

"Why is Mr Singh continuing to disregard the US Congress and throw his support behind
Iran's nuclear programme?" he wondered, referring to an Iranian media report on Iranian
Interior Minister Mostafa Pour Mohammadi's talks with Prime Minister Singh in New
Delhi recently.

"Statements like this could very well kill the already deeply troubled nuclear deal," Mr
Markey said, adding that Dr Singh's remarks are "directly opposed to the position of the
United States Government, which continues to seek further sanctions at the Security
Council."

He said that Prime Minister Manmohan Singh knows that the US Congress has
demanded India's full support in ending Iran's nuclear programmef as a key requirement
for the nuclear deal.

"Such unequivocal approval directly conflicts with one of the key conditions Congress
placed upon approval of the India nuclear cooperation agreement in December 2006,
namely India's support for ending Iran's nuclear weapons programme," he said.

"It is astonishing that Indian Prime Minister Singh is out cheerleading for Iran's nuclear
programme," Markey exclaimed.

According to Sharon Squassoni, Senior Associate in the Nonproliferation Programme at
the Washington-based Carnegie Endowment for International Peace, the delay in
operationalising the nuclear deal on account of the domestic problems in India "provides
provides some much-needed room for reflection. In particular, Congress and the NSG
should use the time to resolve significant ambiguities."

Ms Squassoni said that one of the ambiguities is whether the nuclear cooperation
agreement is consistent with the Hyde Act. Last month a resolution (H Res 711) was
introduced in the US House of Representatives, which urged the Bush Administration to
resolve all outstanding questions raised by Congress. It also also urged Washington to
propose an NSG exemption that clearly calls for the termination of all exports should
India test a nuclear explosive device.

"At this stage, it is remarkable that there continue to be so many uncertainties. It will be
important to take every opportunity -- for example, when the NSG consultative group
meets in November and in Congressional hearings -- to clarify and resolve issues before
the NSG opens up nuclear commerce to India," Squassoni said.

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