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Journalism of Courage
After two days of intensive talks between India and the United States, there is cautious optimism that a framework agreement for bilateral cooperation on civilian nuclear energy would be completed in a couple of months.
The two delegations are expected go into a third round tomorrow to narrow down the differences on drafting the so-called ‘‘123 agreement’’, which forms the basis for the US nuclear energy cooperation with other countries and organisations.
This standard 123 agreement involves a number of issues including the question of safeguards, storage of spent fuel, prior consent for the modification of the imported fuel, the physical security of the sensitive nuclear materials, and the terms and conditions under which the agreement could be terminated by either side.
While many differences remain to be ironed out on issues relating to the agreement, both sides are confident that there is enough political will in both the capitals to come up with an agreement, which must eventually be approved by the US Congress.
On the question of nuclear testing by India, which could lead to an American assertion of their right to cease nuclear cooperation, the two sides would continue to explore a mutually acceptable formulation.
India has made it clear that it cannot go beyond its already declared commitment to a voluntary moratorium on nuclear testing and accept a self-denying ordinance.
Given the huge amount of legal work and sensitive political issues involved, the US negotiation of the 123 agreements with other countries have often taken years.
The US-Japan agreement on nuclear cooperation took nearly five years and a similar one between Washington and the Euratom, the West European organisation for regional nuclear energy cooperation, took more than a decade to complete.
But India and the US are hopeful that the current agreement will not take anywhere that long.
The precedents, it is believed, would make it relatively easy for the two sides to agree on the procedures for verifying the physical security of the nuclear materials obtained under the agreement.
A couple of more rounds of talks in the coming weeks are expected to produce the final agreement. By that time, the US Congress would have, in all likelihood, approved a legislation to allow the US government to embark on nuclear energy cooperation with India.
But the Congress is likely to insist on changing the present US laws on non-proliferation in favour of India only on the condition that it would have the right to vote upon the bilateral nuclear cooperation agreement.
As a consequence, the two sides would want to make sure the agreement is to the liking of the US Congress and that it takes into account the unique position of India as a country in possession of nuclear weapons but is not a signatory to the Nuclear Non-Proliferation Treaty.
The Indian delegation is led by the Joint Secretary (Americas) in the Ministry of External Affairs and the US team is headed by Richard Stratford, Director of Nuclear Energy, Safety and Security in the US State Department.
The two principal nuclear negotiators, Foreign Secretary Shyam Saran and the US Under Secretary of State Nicholas Burns are said to be closely monitoring the talks.
