ACA got a copy of a U.S. proposal that’s to be discussed in an NSG meeting taking place today and tomorrow. The proposal text, along with Daryl Kimball’s commentary, is below.

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March 21, 2006

Colleagues:

In my email post earlier today, I noted that the NSG will hold a “consultative group” meeting beginning tomorrow (March 22-23) in Vienna, during which country reps are expected to discuss whether to put the U.S. proposal on the agenda for the May Plenary Meeting of the NSG.

The text of the proposal is appended below.

One of the most notable and troublesome features of the U.S. proposal is the weak and very ambiguous the language in section 2, which is ostensibly meant to outline what India must do in order to qualify for transfers of NSG trigger list items. In addition, section 4 would allow individual NSG member states to decide whether India is meeting these weak standards before they sell nuclear technology and materials (possibly including technologies the U.S. would be willing to sell) to India. Section 4 says in part:

Participating Governments may transfer trigger list items and/or related technology to the safeguarded civil nuclear facilities in India (a State not party, and never having been a party, to the NPT) as long as the participating Government intending to make the transfer is satisfied that India continues to fully meet all of the aforementioned nonproliferation and safeguards commitments, and all other requirements of the NSG Guidelines.

In essence, the administration is suggesting that we put the Russia’s and the France’s and the India’s of the world in charge of U.S. nonprolfieration policy. On the whole, arrangement would further erode rules-based efforts to curb the spread of nuclear weapons related technology.

– Daryl Kimball, executive director, Arms Control Association

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Draft
Pre-Decisional

Statement on Civil Nuclear Cooperation with India

1. At the [blank] Plenary meeting on [blank] the Participating Governments of the Nuclear Suppliers Group agreed that they:

a. Desire to contribute to an effective non-proliferation regime, and to the widest possible implementation of the objectives of the Treaty on the Non-proliferation of Nuclear Weapons
b. Seek to limit the further spread of nuclear weapons
c. Wish to pursue mechanisms to affect positively the conduct of those outside the Treaty
d. Seek to promote international cooperation in the research, development and safe use of nuclear energy for peaceful purposes, and e. Recognize the promise of nuclear power in India as a clean source of energy for sustained economic growth and prosperity.

2. In this respect, Participating Governments have taken note of steps that India has taken as a contributing partner in the nonproliferation regime and they welcome India’s efforts with respect to the following commitments and actions:

a.Having publicly designated peaceful civil nuclear facilities which will be submitted to IAEA safeguards in perpetuity.
b. Having committed to continue its moratorium on nuclear testing, and to work with others towards achievement of a Fissile Material Cutoff Treaty.
c. Having committed to accept an Additional Protocol covering designated civil nuclear facilities.
d. Having committed to support international efforts to restrain the spread of sensitive nuclear technologies.
e. Having adopted a national export control system capable of effectively controlling transfers of multilaterally controlled nuclear and nuclear related material, equipment, and technology.
f. Having agreed to adhere formally to the Nuclear Suppliers Group Guidelines.

3. For these reasons, Participating Governments have therefore adopted the following policy on civil nuclear cooperation by Participating Governments with the peaceful safeguarded Indian civil nuclear power program.

4. Notwithstanding paragraphs 4(a), 4(b), and 4(c), of INFCIRC/254/Part 1 as revised, Participating Governments may transfer trigger list items and/or related technology to the safeguarded civil nuclear facilities in India (a State not party, and never having been a party, to the NPT) as long as the participating Government intending to make the transfer is satisfied that India continues to fully meet all of the aforementioned nonproliferation and safeguards commitments, and all other requirements of the NSG Guidelines.

5. Participating Governments, in accordance with Paragraph 4(d), will continue to strive for the earliest possible implementation of the policy referred to in paragraph 4(a).

6. The NSG Point of Contact is requested to submit this Statement to the IAEA DG with a request that he circulate it to all Member States.