As the civil nuclear cooperation Bill cleared its first hurdle in the US House International Relations Committee late tonight, New Delhi is now looking at the crucial issue of sequencing the next steps.According to the Bill, the waiver will become effective only after the US President has ascertained that a set of steps have been taken by India. These are largely the same as what was agreed between both sides on July 18 last year, but the Bill seems to suggest that India must complete some of these steps before the law is changed in the US.The two problem areas for Delhi in this operative section are:• The Bill states that the President must first determine that India and IAEA have ‘‘concluded a safeguards agreement requiring the application of IAEA safeguards in perpetuity.”• The NSG (Nuclear Suppliers Group) has decided ‘‘by consensus to permit supply to India of nuclear items covered by the guidelines of the NSG’’.Official sources here said India would ideally like to sign the safeguards agreement at the end of the process but can hasten it once the US law is made effective.To sign on a safeguards agreement ahead of such a Bill being passed will mean that it cannot be reversed in case Washington delays or does not change its law. The chief concern—a matter on which the Prime Minister has had internal discussions over the past two days—for India is to not commit itself on any step that is irrevocable.New Delhi hopes that the Bill gives the Bush Administration flexibility and does not tie it down to a particular sequence. Also, the NSG has made it clear that it will consider the exemption for India only after the US has amended its law. But the US Congress seems to suggest the other way round.While these may appear to be minor issues on sequencing, they are part of the operational elements of the Bill and India will need a proper clarification else it may disturb the principle of reciprocity on which the deal is so delicately balanced. The Bill also asks the President to furnish information ‘‘to the fullest extent possible’’ on some of the key elements of the deal. These include a summary of the India-IAEA safeguards agreement and a description of the decision taken in the NSG.
