Stuck at 123

Amid reports of the Indo-US civilian nuclear deal being in trouble, the US has said that there has been little movement forward on the 123 agreement even after three rounds of technical-level talks.

NEW DELHI: Amid reports of the Indo-US civilian nuclear deal being in trouble, the US has said that there has been little movement forward on the 123 agreement even after three rounds of technical-level talks.

Under secretary of state Nicholas Burns was quoted in an American newspaper as saying that the technical level talks had not produced much. ``I don’t question India’s goodwill... But there is a fair degree of frustration in Washington that the Indian government has not engaged seriously enough or quickly enough with both the United States and IAEA,’’ he was quoted as saying in USA Today. India has also not initiated formal talks with IAEA for India-specific safeguards.

The report that appeared in the newspaper also suggests that the deal is in danger of falling through with the government here sticking fast to its demands that includes a refusal to include a ban on nuclear testing in the 123 agreement. The report quotes two unnamed senior administration officials as saying that India’s demands could jeopardise the agreement and also lead to an increase in military nuclear capability.

What is causing unease on the US side is the Indian demand for access to reprocessing technology and material and a right to reprocess spent fuel. US laws ban export of reprocessing technology as it can be used for military purposes but the US has made exemptions for Japan, Euratom and Switzerland. India is pushing to be included in that category. The US also wants a guarantee that material supplied by the US will not be diverted into the military programme.

The government’s hands are also tied with the nuclear establishment insisting that there can be no compromise on such core issues. Atomic Energy Commission (AEC) chairman Anil Kakodkar had said recently that reprocessing of spent fuel is a ``non-negotiable right.’’ Indicating that the decision in the end will have to be taken at a political level.

New Delhi also doesn’t want a voluntary moratorium on nuclear testing to be included in the 123 agreement which would convert the voluntary moratorium into a legal requirement. The US also wants to include a clause that all US material will be returned in case India tests a nuclear weapon.
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Also after the Tarapur experience, India doesn’t want to be left with stockpiles of spent fuel and wants the rights to reprocess spent fuel while the US side says that this could be converted into bombs. Immediately after the last round technical level negotiations, Mr Burns had said that enough was not done to resolve the issues in the 123 agreement and that the US had met every commitment it had undertaken.

The Indian side has been racked by indecisiveness with even a decision on who would lead the technical level negotiations taken at the last minute. This indicated that the government is no hurry to push the deal forward.

A decision was finally taken two days before the negotiations resumed to bring S Jaishankar, the ambassador to Singapore, to lead the technical level discussions. The US has indicated that it is up to the Indian side to push the negotiations forward.
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