NSG Exemption (Take 2)

The Arms Control Association has the revised text for India’s draft NSG exemption. I thought it might be fun to compare, word for word, the old text with the new.

It wasn’t (I got rather obsessive about it). However, I hope it might prove useful for some of you.

Apart from lots of fiddling the two drafts are fairly similar. The most significant changes are the addition of text about consultation and information exchange, and the removal of a reference of the need for clean energy. Given the opposition to the original draft, I would be surprised if the new draft was enough to satisfy the deal’s critics.

Anyway, here are the fruits of my labour:

1. At the _____ pPlenary meeting on ______ the Participating Governments of the Nuclear Suppliers Group agreed that they:

a. dDesire to contribute to an the effectiveness and integrity of the global non-proliferation regime, and to the widest possible implementation of the provisions and objectives of the Treaty on the Non-Proliferation of Nuclear Weapons;

b. sSeek to limit avert the further spread of nuclear weapons;

c. wWish to pursue mechanisms to affect positively the non—proliferation commitments and actions of those all states outside the traditional nuclear non—proliferation regimes; and

d. sSeek to promote fundamental principles of safeguards and export controls for nuclear transfers for peaceful purposes.

e. recognize the world’s need for clean and reliable sources of energy for sustained growth and prosperity

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

a. Deciding to separate its civilian nuclear facilities in a phased manner and to file a declaration regarding its civilian nuclear facilities with the International Atomic Energy Agency IAEA, in accordance with its Separation Plan (circulated as INFCIRC/731);

b. Conducting Concluding negotiations with the IAEA and obtaining approval of its by the Board of Governors on 1 August 2008 for an “Agreement between the Government of India and the IAEA for the Application of Safeguards to Civilian Nuclear Facilities,” regarding a Safeguards Agreement for application of safeguards to civilian nuclear facilities that is in accordance with IAEA standards, principles, and practices (including IAEA Board of Governors dDocument GOV/1621);

c. Committing to sign and adhere to an Additional Protocol with respect to India’s civil nuclear facilities;

d. Refraining from transferring of enrichment and reprocessing technologyies to states that do not already possess these have them and supporting international efforts to limit their spread;

e. Having adopted Insituting a national export control system capable of effectively controlling transfers of multilaterally controlled nuclear and nuclear–related material, equipment, and technology.;

f. Harmonizing its export control lists and guidelines with those of the Nuclear Suppliers Group and committing to adherence to NSG the Nuclear Suppliers Group gGuidelines;

g. Continuing its unilateral moratorium on nuclear testsing, and declaring its readiness to work with others towards the conclusion of a multilateral Fissile Material Cut-off Treaty.

3. In view of the Based on the commitments and actions mentioned above, Participating Governments have adopted the following policy on civilian nuclear cooperation by Participating Governments with the IAEA-safeguarded Indian civilian nuclear program:

a. Notwithstanding paragraphs 4(a), 4(b) and 4(c ) of InfcircNFCIRC/254 (/Rev. 9) /Part 1, Participating Governments may transfer trigger list items and/or related technology to India for peaceful purposes and for use in IAEA safeguarded civilian nuclear facilities, provided that the transfer satisfies all other provisions of INFCIRC/254/Part 1, as revised.

b. Notwithstanding paragraph 4(a) and 4(b) of the INFCIRC/254/Rev.7/Part 2 guidelines, Participating Governments may transfer nuclear-related dual–use equipment, etc. materials, software and related technology to India for peaceful purposes and for use in civilian nuclear facilities under IAEA safeguards, provided that the transfer satisfies all other provisions of INFCIRC/254Part 2, as revised.

c. At each Plenary, Participating Governments shall notify each other of approved transfers to India of Annex A and B items listed in INFCIRC/254/Part 1, as revised. Participating Governments are also invited to exchange information, including about their own bilateral agreements with India.

cd. Participating Governments shall will maintain contact and consult through regular channels, including the Consultative Group and Plenary, on matters connected with the implementation of the Guidelines, of this statement taking into account relevant international commitments and or bilateral agreements with India. With a view to intensification of dialogue and partnership with India, the Chairman is requested to confer and consult with India and keep the Plenary informed of these consultations.

e. In the event that one or more Participating Governments consider that circumstances have arisen which require consultations, Participating Governments will act in accordance with Paragraph 16 of the Guidelines.

4. In order to facilitate the efforts of non-member India’s adherentsce to InfcircNFCIRC/254/Parts 1 and 2 and to remain current in theirits implementation of the Guidelines, the NSG Chair is requested to review proposed amendments to the Guidelines with all non-member adherents on a non-discriminatory basis and solicit such comments on the amendments as a non-member adherent may wish to make India and inform the Plenary of the outcome of the dialogue with India. Participation of India in the decisions regarding proposed amendments will facilitate their implementation by India.

5. The NSG Point of Contact is requested to submit this sStatement to the IAEA DG Director General with a request that it be circulated to all Member States.