Post Barack Obama's India trip, US nuclear talks shift to highest level

NEW DELHI: The India-US contact group that worked to achieve an understanding to clear roadblocks on the Indo-US nuclear deal will continue to meet to monitor progress on nuclear issues. In addition, India and US will constitute a consultation committee that will be in charge of the data-sharing needed to track US-origin nuclear material in Indian nuclear power plants.

A week after US President Barack Obama left, details are emerging about the outcomes of the visit. On the liability issue, sources said it was for the first time that both countries were invested at the highest level, because the contact group was directly in touch with both the Prime Minister's Office in India and White House in Washington. It was also the first time both sides were talking to each other in such detail.

In their discussions where lawyers from both sides were involved, India pointed out that Clause 46 should be read with Clause 35 of the liability law along with case law, which would make it clear that victims cannot sue for civil compensation under other laws except under the Nuclear Damage Claims Commissions. That, Indian officials explained, would address the concerns of Article 46, which had spooked suppliers.

On the tracking issue, the US did not use an executive waiver, but conceded on physical tagging of US-origin materials. The Indian side will share data from Indian nuclear facilities in addition to what India supplies to the IAEA inspectors. This will be alongside the consultation committee that will add to the information exchange. India has committed it will soon ratify the Convention for Supplementary Compensation (CSC) , which it had not done so far fearing objections from other countries on account of the liability law. Both countries, however, will watch to see how companies react to the new understanding and whether the breakthrough results in commercial contracts in the foreseeable future.

India expects that the process for its accession to the four non-proliferation regimes will start this year. The Nuclear Suppliers Group (NSG) meets for its plenary session in June, when India is expected to make a formal application for membership for the first time. The MTCR grouping will meet in September, and India is expected to make a pitch there too.