In a covering note accompanying the 123 Agreement to US Congress, the president has reportedly said the fuel supply assurance was not "legally binding".
NEW DELHI; President George Bush's note to US lawmakers has lent added weight to existing differences in Indian and American interpretation of the “uninterrupted fuel supply guarantee” clause in the bilateral 123 Agreement between the two countries.
In a covering note accompanying the 123 Agreement to US Congress, the president has reportedly said the fuel supply assurance was not "legally binding".
US ambassador David Mulford had hinted about this during a news conference on Monday and Bush's note makes the US position clear. Soon after the 123 Agreement was finalised, Indian officials had sold it as a major achievement claiming, unlike in the past, there would be no stoppage of fuel supplies to Indian reactors. They said it was being done after the supply problems faced at the Tarapur plant. And if the US itself had to stop supplies, other countries like Russia and France could continue supply, they claimed.
But the letter Howard Berman leaked had made the state department's views clear. The letter assured lawmakers the deal would not "insulate India" against the consequences of a nuclear test. And now Bush's letter has reiterated the US position. Indian officials are rattled, but refusing to go public about the president's note, saying it is between two branches of the US government. Officials say perhaps this is an attempt to get the 123 Agreement passed quickly so it could be sealed and signed by the time prime minister Manmohan Singh visits Washington.
But New Delhi does not want to take any chances and will ask Washington to clear its stand on the uninterrupted fuel supply clause under the 123 Agreement. "We will certainly ask for clarifications from the US," an official who did not wish to be identified, said.
Whatever the government may say, it has become clear that if India conducts another test, international nuclear co-operation will stop unless the circumstances are such that India is forced to conduct a test. Simply put, if China or Pakistan test nuclear devices.
French ambassador Jerome Bonnafonte said on Friday that the nuclear agreement between France and India has been initialled and technically ready since president
Nicholas Sarkozy's Delhi visit in January.
But there were procedures to be worked out, which may happen when Singh visits Paris on his way back from the US later this month, he said. He refused to comment if the two countries were waiting for the agreement to be passed by US Congress, merely commenting that the "timing" was up to India.
About uninterrupted fuel supply, the envoy said that these were commercial contracts which would be drawn up by the French and Indian companies. "The basic contract will provide fuel guarantee," he said. What happens if India conducted a nuclear test? The ambassador refused to answer a hypothetical question but was confident that India would not test after declaring a unilateral moratorium.
Indian officials also dismissed a Washington Post story which says the NSG waiver was obtained after the 45-member nations agreed not to sell sensitive technology to India. Even the French envoy made it quite clear France had no problems in giving sensitive reprocessing technology to India.
The officials pointed out that the majority of the NSG had no nuclear technology to sell. Those who do, like France, US, Russia and UK, would be guided by their own laws.
g_seema@dnaindia.net
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