The U.S-India Nuclear Deal

"Nuclear Fission Fuel material "












"Nagasaki Nuclear Bomb"

"Different Fuel Resource"

Indian PM says nuclear deal with US vital to India's economic future

MUMBAI, India: Nuclear energy is key to India's economic future, the country's prime minister said Friday — remarks clearly aimed at defending a historic atomic energy deal with the United States from critics at home.

Although Prime Minister Manmohan Singh never directly mentioned the deal, his comments were a reiteration of a familiar argument that both he and U.S. President George W. Bush have used to promote the pact since it was first announced in July 2005.

Singh's defense of the deal came a day after the government agreed to create a committee to examine the deal before it is implemented, a move some fear could lead to delays that would ultimately scuttle the pact.
The committee had been a chief demand of the prime minister's communist political allies, who are leading the opposition to the pact, which they say could undermine India's nuclear weapons program and independent foreign policy.
The deal allows the United States to send nuclear fuel and technology to booming, but energy-starved India, which has been cut off from international atomic markets for the past three decades by its refusal to sign nonproliferation accords and it’s testing of nuclear weapons.
The India-U.S. pact — which requires still-to-be-negotiated agreements with the International Atomic Energy Agency and the Nuclear Suppliers Group, an organization of countries the export atomic material — would bring New Delhi into the global nuclear mainstream.
"India is now too important a country to remain outside the international mainstream in this critical area," Singh told scientists and engineers at the Tarapur nuclear facility near Mumbai.
"We need to pave the way for India to benefit from nuclear commerce without restrictions," he said, adding that the deal would allow the country to import cutting-edge technologies that could be used in many industries, not just for generating nuclear power.
Singh said the government's target of producing 20,000 megawatts of power from nuclear plants by 2020 could be doubled if India could cooperate with other countries.
"There is today talk the world over of a nuclear renaissance and we cannot afford to miss the bus or lag behind those global developments," he said.
Aside from the agreements with the IAEA and Nuclear Suppliers Group, U.S. lawmakers also need to approve technical details of the pact before atomic trade can begin.

“The U.S.-India Nuclear Deal”

· Introduction
In August 2007, India and the United States reached a bilateral agreement on civilian nuclear cooperation as envisioned in the joint statement released by President Bush and Indian Prime Minister Manmohan Singh on July 18, 2005. The deal, which marks a notable warming of U.S.-India relations, would lift the U.S. moratorium on nuclear trade with India, provide U.S. assistance to India's civilian nuclear energy program, and expand U.S.-Indian cooperation in energy and satellite technology. But critics in the United States say the deal fundamentally reverses half a century of U.S. nonproliferation efforts, undermine attempts to prevent states like Iran and North Korea from acquiring nuclear weapons, and potentially contribute to a nuclear arms race in Asia. “It's an unprecedented deal for India,” says Charles D. Ferguson, science and technology fellow at the Council on Foreign Relations. “If you look at the three countries outside the Nuclear Non-Proliferation Treaty (NPT)—Israel, India, and Pakistan—this stands to be a unique deal.”
[Aagreement: U.S. and India Release Text of 123 Agreement; The Government of India and the Government of the United States of America, hereinafter referred to as the Parties,
RECOGNIZING the significance of civilian nuclear energy for meeting growing global energy demands in a cleaner and more efficient manner;
DESIRING to cooperate extensively in the full development and use of nuclear energy for peaceful purposes as a means of achieving energy security, on a stable, reliable and predictable basis;
WISHING to develop such cooperation on the basis of mutual respect for sovereignty, non-interference in each other's internal affairs, equality, mutual benefit, reciprocity and with due respect for each other's nuclear programmers;
DESIRING to establish the necessary legal framework and basis for cooperation concerning peaceful uses of nuclear energy;
AFFIRMING that cooperation under this Agreement is between two States possessing advanced nuclear technology, both Parties having the same benefits and advantages, both committed to preventing WMD proliferation;
NOTING the understandings expressed in the India - U.S. Joint Statement of July 18, 2005 to enable full civil nuclear energy cooperation with India covering aspects of the associated nuclear fuel cycle;
AFFIRMING their support for the objectives of the International Atomic Energy Agency (IAEA) and its safeguards system, as applicable to India and the United States of America, and its importance in ensuring that international cooperation in development and use of nuclear energy for peaceful purposes is carried out under arrangements that will not contribute to the proliferation of nuclear weapons or other nuclear explosive devices;
NOTING their respective commitments to safety and security of peaceful uses of nuclear energy, to adequate physical protection of nuclear material and effective national export controls;
MINDFUL that peaceful nuclear activities must be undertaken with a view to protecting the environment;
MINDFUL of their shared commitment to preventing the proliferation of weapons of mass destruction; and
DESIROUS of strengthening the strategic partnership between them;

Have agreed on the following:

• ARTICLE 1 - DEFINITIONS
• ARTICLE 2 - SCOPE OF COOPERATION
• ARTICLE 3 - TRANSFER OF INFORMATION
• ARTICLE 4 - NUCLEAR TRADE
• ARTICLE 5 - TRANSFER OF NUCLEAR MATERIAL, NON-NUCLEAR MATERIAL, EQUIPMENT, COMPONENTS AND RELATED TECHNOLOGY
• ARTICLE 6 - NUCLEAR FUEL CYCLE ACTIVITIES
• ARTICLE 7 - STORAGE AND RETRANSFERS
• ARTICLE 8 - PHYSICAL PROTECTION
• ARTICLE 9 - PEACEFUL USE
• ARTICLE 10 - IAEA SAFEGUARDS
• ARTICLE 11 - ENVIRONMENTAL PROTECTION
• ARTICLE 12 - IMPLEMENTATION OF THE AGREEMENT
• ARTICLE 13 - CONSULTATIONS
• ARTICLE 14 - TERMINATION AND CESSATION OF COOPERATION
• ARTICLE 15 - SETTLEMENT OF DISPUTES
• ARTICLE 16 - ENTRY INTO FORCE AND DURATION
• ARTICLE 17 - ADMINISTRATIVE ARRANGEMENT]

· What are the terms of the deal?

The details of the deal include the following:
o India agrees to allow inspectors from the International Atomic Energy Association (IAEA), the United Nations' nuclear watchdog group, access to its civilian nuclear program. But India would decide which of its many nuclear facilities to classify as civilian. By March 2006, India promised to place fourteen of its twenty-two power reactors under IAEA safeguards permanently. India also promised that all future civilian thermal and breeder reactors shall be placed under IAEA safeguards permanently. Teresita Schaffer, director of the South Asia program at the Center for Strategic and International Studies, says these will now include domestically built plants, which India has not been willing to safeguard before now. Military facilities—and stockpiles of nuclear fuel that India has produced up to now—will be exempt from inspections or safeguards.
o India commits to signing an Additional Protocol (PDF)—which allows more intrusive IAEA inspections—or its civilian facilities.
o India agrees to continue its moratorium on nuclear weapons testing.
o India commits to strengthening the security of its nuclear arsenals.
o India works toward negotiating a Fissile Material Cutoff Treaty (FMCT) with the United States banning the production of fissile material for weapons purposes.India agrees to prevent the spread of enrichment and reprocessing technologies to states that don't possess them and to support international nonproliferation efforts.
o U.S. companies will be allowed to build nuclear reactors in India and provide nuclear fuel for its civilian energy program.

What kind of technology would India receive in return?
India would be eligible to buy U.S. dual-use nuclear technology, including materials and equipment that could be used to enrich uranium or reprocess plutonium, potentially creating the material for nuclear bombs. It would also receive imported fuel for its nuclear reactors.

· What do proponents say about the deal?

Proponents of the agreement argue it will bring India closer to the United States at a time when the two countries are forging a strategic relationship to pursue their common interests in fighting terrorism, spreading democracy, and preventing the domination of Asia by any single power. Ashley Tellis of the Carnegie Endowment for International Peace—currently serving as an adviser to the State Department on Indian affairs—says in congressional testimony that the deal recognizes this growing relationship by engaging India, which has proven it is not a nuclear proliferation risk. Other experts say the deal lays out the requirements for India to be recognized as a responsible steward of nuclear power. "This is part of a process of making India a more durable and reliable nuclear partner," Schaffer says.
Other experts say the deal:

o Would encourage India to accept international safeguards on facilities it has not allowed to be inspected before.

T This is a major step, experts say, because the existing nonproliferation regime has failed either to force India to give up its nuclear weapons or make it accept international inspections and restrictions on its nuclear facilities. "President Bush's bilateral deal correctly recognizes that it is far better for the nonproliferation community if India works with it rather than against it," writes Seema Gahlaut of the University of Georgia's Center for International Trade and Security in a CSIS policy brief. IAEA Director-General Mohammed ElBaradei has strongly endorsed the deal, calling it a pragmatic way to bring India into the nonproliferation community.

o Recognizes India's history of imposing voluntary safeguards on its nuclear program. Proponents of the deal say India has an excellent record of setting credible safeguards on its nuclear program for the last thirty years. After the safeguards on the U.S.-supplied Tarapurs nuclear facility expired in 1993, for example, India voluntarily established a new agreement with the IAEA to continue the restrictions.

o Recognizes that India has a good record on proliferation. Although it is not a signatory to the NPT, India has maintained strict controls on its nuclear technology and has not shared it with any other country. Proponents of the deal say this restraint shows that India, unlike its nuclear neighbor Pakistan, is committed to responsible nuclear stewardship and fighting proliferation. In May 2005 India passed a law, the WMD Act, which criminalizes the trade and brokering of sensitive technology.
o Rewards India's decision to adopt similar nuclear export standards as those imposed by the Nuclear Suppliers Group (NSG). India has thus far chosen to abide by the strict export controls on nuclear technology set by the NSG, a group of forty-five nuclear-supplier states that voluntarily coordinates controls of nuclear exports to non-nuclear-weapon states. Experts say if India chose to lift these voluntary restrictions, it could easily sell its technology to far less trustworthy countries around the world. The U.S. deal would reward the Indian government for its voluntary controls and give New Delhi incentive to continue them, against the demands of Indian hardliners who question what India gets out of placing such limits on itself.

· What are the objections to the agreement?

• Critics call the terms of the agreement overly beneficial for India and lacking sufficient safeguards to prevent New Delhi from continuing to produce nuclear weapons. "We are going to be sending, or allowing others to send, fresh fuel to India—including yellowcake and lightly enriched uraniumt—that will free up Indian domestic sources of fuel to be solely dedicated to making many more bombs than they would otherwise have been able to make," says Henry Sokolski, executive director of the Nonproliferation Policy Education Center, a nonprofit organization dedicated to improving awareness of proliferation issues. While India has pledged that any U.S. assistance to its civilian nuclear energy program will not benefit its nuclear weapons program, experts say India could use the imported nuclear fuel to feed its civilian energy program while diverting its own nuclear fuel to weapons production. New Delhi has done similar things in the past; India claimed it was using nuclear technology for civilian purposes right up until its first nuclear weapons test in 1974. A Congressional Research Service report (PDF) on the agreement states, "There are no measures in this global partnership to restrain India's nuclear weapons program."
  Other objections raised by experts include
  
• The safeguards apply only to facilities and material manufactured by India beginning when the agreement was reached. It doesn't cover the fissile material produced by India over the last several decades of nuclear activity. The CRS report says, "A significant question is how India, in the absence of full-scope safeguards, can provide adequate confidence that U.S. peaceful nuclear technology will not be diverted to nuclear weapons purposes."
  
• The deal does not require India to cap or limit its fissile material production. This comes at a time when nearly all the major nuclear powers—including the United States, France, Britain, and Russia—are moving to limit their production.
  
• It does not require India to restrict the number of nuclear weapons it plans to produce.
  
• There are far more cost-efficient ways to improve India's energy and technology sectors. These could include making India's existing electricity grid more efficient, restructuring the country's coal industry, and expanding the use of renewable energy sources, Sokolski said in congressional testimony. All these steps would involve much less dangerous transfers of technology that would not be dual-use, and therefore not convertible to nuclear weapons production.
  
  

· Who needs to approve the agreeme

The final terms of the nuclear deal need approval from several sources before they can be implemented. The bodies required to approve the deal include:

• IAEA. India has to sign a safeguards agreement with the IAEA under which all nuclear material and equipment transferred to it by the United States as a part of this deal shall be subject to safeguards. The Board of Governors of the IAEA has to approve this India-specific safeguards agreement. In Febuary 2008, Indian negotiators and IAEA officials met in Vienna discuss their differences and complete the agreement.
  
  
  
  
• India's Parliament. The deal is controversial in India, with many parliamentarians arguing it will limit India's sovereignty and hurt its security. Some Indian nuclear experts are protesting what they see as excessive U.S. participation in deciding which of India's nuclear facilities to define as civilian, and open to international inspections under the plan.
  
  
  
  
• The Nuclear Suppliers Group. The NSG tries to restrict the spread of nuclear technology that could be used in weapons programs through export controls. The United States will try to convince the group to make an exception for India, which may be a difficult case to make when the United States is simultaneously trying to prevent Iran and North Korea from gaining similar access to nuclear fuel and technology.
  
  
  
  
• Congress. Under the U.S. Atomic Energy Act, which regulates the trade of nuclear material, congressional approval is needed to pass the exemptions to U.S. laws required for the nuclear deal to be implemented. Members of Congress are showing resistance, with some calling for India to commit to strict limits on its nuclear weapons program before the deal goes through. "Congress needs to address the many troubling questions raised by this deal before it considers changing longstanding nonproliferation laws," David Albright, president of the Institute for Science and International Security, said in congressional testimony (PDF) in October 2005.
  

What effect will the U.S.-India deal have on the NPT?

It could gut the agreement, experts say. Article 1 of the treaty says nations that possess nuclear weapons agree not to help states that do not possess weapons to acquire them. Albright says that without additional measures to ensure a real barrier exists between India's military and civilian nuclear programs, the agreement "could pose serious risks to the security of the United States" by potentially allowing Indian companies to proliferate banned nuclear technology around the world. In addition, it could lead other suppliers—including Russia and China—to bend the international rules so they can sell their own nuclear technology to other countries, some of them hostile to the United States. On the other hand, experts like Gahlaut argue the NPT was already failing in its mission to prevent proliferation. She says many countries—including North Korea, Libya, Iran, and Iraq—have cheated while being signatories of the NPT.

What role does China play in the U.S.-Indian nuclear deal?

It is a motivating factor in the deal, some experts say. China's rise in the region is prompting the United States to seek a strategic relationship with India. "The United States is trying to cement its relationship with the world's largest democracy in order to counterbalance China," Ferguson says. The Bush administration is "hoping that latching onto India as the rising star of Asia could help them handle China," Sokolski says.
But other experts say the growing economic relationship between China and India is so critical to New Delhi that its interests in China cannot be threatened or replaced by any agreement with the United States. Indians "have no interest whatsoever in trying to contain China because they believe this could be a self-fulfilling prophesy, and their whole policy is to seek the best possible relationship with China," Robert Blackwill, a former U.S. ambassador to India, said at a Council meeting February 23. Other experts worry U.S. nuclear aid to India could foster a dangerous nuclear rivalry between India and China. Though India has a strong interest in building economic relations with China, New Delhi is still wary of China's military rise in the region.

What effect will the deal have on U.S. and Indian relations with Pakistan?

Pakistan's President Pervez Musharraf, who has suffered fierce criticism at home—and survived two assassination attempts—or his strong alliance with the United States since 9/11, has not received a similar deal on nuclear energy from Washington. Some experts say this apparent U.S. favoritism toward India could increase the nuclear rivalry between the intensely competitive nations, and potentially raise tensions in the already dangerous region. "My impression is that [the Pakistanis] are worried this will feed the Indian nuclear weapons program and therefore weaken deterrence," Blackwill said. Other experts say the two countries, both admittedly now nuclear, could be forced to deal more cautiously with each other. Pakistan is already a proliferation risk: Pakistani nuclear scientist A.Q. Khan's illicit nuclear network, revealed in 2004, shocked the world with its brazen trade of nuclear technology. Some experts worry the U.S.-India deal could prompt Pakistan to go elsewhere for similar terms.

What’s the history of India’s nuclear program?

In the 1950s, the United States helped India develop nuclear energy under the Atoms for Peace program. The United States built a nuclear reactor for India, provided nuclear fuel for a time, and allowed Indian scientists study at U.S. nuclear laboratories. In 1968, India refused to sign the NPT, claiming it was biased. In 1974, India tested its first nuclear bomb, showing it could develop nuclear weapons with technology transferred for peaceful purposes. As a result, the United States isolated India for twenty-five years, refusing nuclear cooperation and trying to convince other countries to do the same. But since 2000, the United States has moved to build a "strategic partnership" with India, increasing cooperation in fields including spaceflight, satellite technology, and missile defense.