The US-India Nuclear deal is not 'what you see is what you get'

The nuclear deal was signed on July 18, 2005 with much fanfare. More than a year later, its future remains uncertain, with only the Lower House of the US Congress having passed the enabling legislation. The US House took no note of the concerns expressed by Prime Minister Manmohan Singh to President George W. Bush in St. Petersburg. The US House bill actually shifts the goalposts, infringing the original deal in the following ways:

July 18, 2005 Benchmark:

The US will amend its laws to end embargo against nuclear trade with India.

U.S. House Bill Violation:

To permit only restrictive and conditional trade with India, no waiver granted for India from all the provisions of Section 129 of the United States Atomic Energy Act except two.

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July 18, 2005 Benchmark:

The US pledges to “enable full civil nuclear energy cooperation and trade with India”.

U.S. House Bill Violation:

Prohibits export of uranium enrichment and spent-fuel reprocessing equipment or technology to India.

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July 18, 2005 Benchmark:

India to “acquire the same benefits and advantages as other leading countries with advanced nuclear technology, such as the United States”.

U.S House Bill Violation:

Institutionalises discrimination against India; accords it second-class status; and lays down a series of good-behaviour conditions for it to observe.

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July 18, 2005 Benchmark:

India to “assume the same responsibilities and practices” as the US.

U.S. House Bill Violation:

Rules that out; demands India accept international inspections on its entire civil nuclear programme “in accordance with IAEA practices” applicable to non-nuclear states.

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July 18, 2005 Benchmark:

India’s obligations are reciprocal.

U.S. House Bill Violation:

Obligates India to take on legally irrevocable international obligations even before the US President   submits a legislative determination to the Congress to bring deal into force.

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July 18, 2005 Benchmark:

India to continue “unilateral moratorium on nuclear testing”.

U.S. House Bill Violation:

Turns India’s voluntary moratorium into a legally binding one, and decrees cut-off of all nuclear exports if India were to ever test.

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July 18, 2005  Benchmark:

India to work with the US “for the conclusion of a multilateral Fissile Material Cut-Off Treaty”.

U.S.House Bill Violation:

Expands that promise to target India’s domestic fissile-material production. Before deal can take effect, the US President to certify steps to persuade India to halt such production.

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July 18, 2005  Benchmark:

India to adhere to export guidelines of Missile Technology Control Regime and Nuclear Suppliers’ Group.

U.S.House Bill Violation:

Expands that to mandate India’s “unilateral adherence” to three additional US-led regimes, including Australia Group, Wassenaar Arrangement and Proliferation Security Initiative.

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July 18, 2005 Benchmark:

The US to “work with friends and allies to adjust international regimes to enable full civil nuclear energy cooperation” with India.

U.S.House Bill Violation:

Shifts the onus to the 45-nation NSG (Nuclear Supplier's Group) , and decrees that the NSG first carve out “by consensus” a special exemption for India.

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July 18 Benchmark:

No conditionality attached to the US pledge to “adjust US laws and policies”. PM Manmohan Singh says deal allows perpetual fuel supply.

U.S.House Bill Violation:

Conditionalities galore. Assured fuel supply is not guaranteed; supply can be cut off. Without prior US Congressional consent, India can neither reprocess spent fuel from imported reactors nor ship the spent fuel to the US, in what can only be called a double squeeze.

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July 18 Benchmark:

Deal between two equal partners.

U.S. House Bill Violation:

Institutes a patron-client relationship. Through an annual reporting system, the Indian government is answerable to the US legislature for all matters nuclear.

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July 18 Benchmark:

No obligation relating to a third party.

U.S. House Bill Violation:

India to lend “full and active participation in the US efforts to dissuade, isolate, and, if necessary, sanction and contain Iran…” (Section 3b4)

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July 18 Benchmark:

Enshrines a balance of obligations.

U.S. House Bill Violation:

Obligations one-sided. No exit clause for India once deal takes effect. But the US can terminate arrangement at will, and block all exports to India, including by other NSG members and “any other source”.

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July 18 Benchmark:

Implicit acceptance of India’s status as a nuclear power.

House Bill Violation:

Reintroduces “cap, roll back and eliminate” goal, and links it to the bill’s operative part through the annual requirement for reporting progress.