New Delhi
19 July 2011
Ms Clinton's remarks during the course of her talks with external affairs minister SM Krishna on Tuesday, and a joint media event which followed it, were littered with qualifications: The US will support full civil nuclear cooperation with India but the bilateral pact has to be "enforceable and actionable in all regards"; the US stands by the clean Nuclear Suppliers Group (NSG) waiver to India but the Indian nuclear liability law needs to be aligned with global practices; and, the US government cannot tolerate safe havens for terrorists anywhere but "we do see Pakistan as a key ally" in the war on terror and "we want a long-term relationship with" it.
There was no express commitment from Ms Clinton to either sell or to allow the sale of enrichment and reprocessing technologies to India following the NSG decision to bar their sale to non-NPT signatories such as India. There was no mention of it in the joint statement either. All she would venture to say in response to a question posed to her at the media interaction was that Washington supports the September 2008 clean waiver for India and it will push for India's membership of multilateral export control regimes such as the NSG.
Instead, Ms Clinton hastened to remind India of its commitment to ensure a level playing field for US companies seeking to enter the Indian nuclear energy sector. She voiced Washington's desire to see the Indian nuclear liability law tweaked to protect American corporate interests.
"We would encourage engagement with the International Atomic Energy Agency to ensure that the liability regime that India adopts by law fully conforms with the international requirements under the convention[.] We are committed to [the nuclear pact.] But we do expect it to be enforceable and actionable in all regards," Ms Clinton noted.
She also reminded New Delhi to ratify the Convention on Supplementary Compensation by the end of 2011. The treaty will allow foreign companies supplying nuclear material and technology to India to tap into a global corpus of funds in order to pay damages in the event of a nuclear accident.
Amplifying Ms Clinton's remarks, the joint statement said that the participation of US nuclear energy firms in India should be on the basis of "mutually acceptable technical and commercial terms and conditions that enable a viable tariff regime for electricity generated."
Dwelling on regional issues, Ms Clinton said that Pakistan has "a special obligation to [cooperate] transparently, fully and urgently" in the interest of justice for the victims of the 26/11 terrorist attacks in Mumbai. She iterated that the US will continue to urge Pakistan to bring the 26/11 terrorists to justice but she qualified it by saying that "there is a limit to what both the United States and India can do".
Ms Clinton said that sale of defence technologies will help the Indian and American militaries to work together on maritime security, combating piracy, and providing relief to the victims of natural disasters. She also pushed for market access, reduction of trade barriers, and US investments in India, indicating that Washington viewed its ties with India in transactional, not strategic, terms.
For India's part, Mr Krishna sought to impress upon the American delegation that it was necessary for the US to factor in Afghanistan's ground realities and work closely with President Hamid Karzai's government so that conditions could be created where terrorists did not make any more advances in Afghanistan.
Mr Krishna said that India and the US had agreed to resume negotiations on a bilateral investment treaty. He urged the US to consider a "totalisation agreement" with India for the purpose of avoiding double taxation of income with respect to social security taxes. The agreement is essential for determining whether an Indian national is subject to the US social security or medicare tax or Indian social security taxes.
A bilateral aviation safety agreement and a memorandum of understanding on cyber security were the two tangible outcomes of the India-US dialogue.
Ms Clinton called on Prime Minister Manmohan Singh and met with UPA chairperson Sonia Gandhi, leader of opposition in the Lok Sabha Sushma Swaraj, and national security adviser Shivshankar Menon, among others. She would be visiting Chennai on Wednesday.
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