<p>With India and the US reaching an agreement on the reprocessing of spent nuclear fuel, both countries have moved closer to implementation of the civil nuclear deal. An agreement on reprocessing rights had evaded finalisation because of India’s reluctance to allow American officials’ entry into reprocessing facilities for inspection and demands for more than one reprocessing facility and for narrowing of the conditions under which the US can suspend reprocessing permission. Negotiations on these contentious issues continued for months and the final agreement reflects a compromise on them, with both sides feeling that their concerns and demands have been adequately addressed.<br /><br />The American officials’ visits, restricted to only once in five years after an initial visit, will be only consultative and not intrusive and interventionist. Only the International Atomic Energy Agency’s safeguards regime will be respected and its inspectors allowed entry and inspection. The Indian demand for more than one reprocessing facility has also been agreed to as there is risk in transporting nuclear fuel. Only two facilities have been conceded but there is a provision for expanding, modifying or adding to them and augmenting the refuelling capacity. This takes care of needs that may arise in future. The new agreement also makes it extremely difficult for the US to suspend reprocessing rights. It can suspend the rights only if there is a serious threat to its own national security or to the physical security of the facilities. The US had wanted this to be an open-ended clause and India had wanted only ‘exceptional circumstances’ as a ground for any US decision on suspension. In the event the provision is closer to the Indian demand than to the original US position. This will probably eliminate a Tarapur-like situation in which the US had denied reprocessing rights to India. The agreement has also instituted safeguards which will ease US concerns about diversion of fuel and should be acceptable to the US public and legislators.<br /><br />What remains on the table is the nuclear liability bill which India has to legislate. As drafted by the government it has provisions which are not in the country’s best interests. It should rework the bill in such a way that the victims do not get a raw deal in the event of a nuclear mishap. The prime minister has promised to do this and it is for the government to convince the country that the law serves our needs and interests best.</p>
<p>With India and the US reaching an agreement on the reprocessing of spent nuclear fuel, both countries have moved closer to implementation of the civil nuclear deal. An agreement on reprocessing rights had evaded finalisation because of India’s reluctance to allow American officials’ entry into reprocessing facilities for inspection and demands for more than one reprocessing facility and for narrowing of the conditions under which the US can suspend reprocessing permission. Negotiations on these contentious issues continued for months and the final agreement reflects a compromise on them, with both sides feeling that their concerns and demands have been adequately addressed.<br /><br />The American officials’ visits, restricted to only once in five years after an initial visit, will be only consultative and not intrusive and interventionist. Only the International Atomic Energy Agency’s safeguards regime will be respected and its inspectors allowed entry and inspection. The Indian demand for more than one reprocessing facility has also been agreed to as there is risk in transporting nuclear fuel. Only two facilities have been conceded but there is a provision for expanding, modifying or adding to them and augmenting the refuelling capacity. This takes care of needs that may arise in future. The new agreement also makes it extremely difficult for the US to suspend reprocessing rights. It can suspend the rights only if there is a serious threat to its own national security or to the physical security of the facilities. The US had wanted this to be an open-ended clause and India had wanted only ‘exceptional circumstances’ as a ground for any US decision on suspension. In the event the provision is closer to the Indian demand than to the original US position. This will probably eliminate a Tarapur-like situation in which the US had denied reprocessing rights to India. The agreement has also instituted safeguards which will ease US concerns about diversion of fuel and should be acceptable to the US public and legislators.<br /><br />What remains on the table is the nuclear liability bill which India has to legislate. As drafted by the government it has provisions which are not in the country’s best interests. It should rework the bill in such a way that the victims do not get a raw deal in the event of a nuclear mishap. The prime minister has promised to do this and it is for the government to convince the country that the law serves our needs and interests best.</p>
