US Congress poised to approve India nuclear deal Friday, December 08, 2006 11:16 [IST]
Washington:
The landmark India-US nuclear deal is poised to clear the last hurdle with the
Senate and the House conferees reporting success in breaking a logjam over a
compromise enabling legislation.
The conferees, appointed by the two chambers to evolve a
formula that would not only reconcile their differing versions but also
substantially address New Delhi's
concerns over the final bill, tabled their report in the House at 3.27 p.m.
(1:57 a.m. Friday).
The final bill combining provisions of the two versions is
expected to come up for vote in both the House and Senate on Friday before it
goes to President George Bush to sign it into law and reopen doors for nuclear
commerce between India and United States after 30 years.
"This legislation will allow the United States
to engage in peaceful nuclear cooperation while safeguarding US national
security and non-proliferation efforts, as well as Congressional
prerogatives," the four conference managers stated, commending the new
legislation to the Congress.
"It is an opportunity to build a vital strategic
partnership with a nation that shares our democratic values and will exert
increasing influence on the world stage," said Senate and House foreign
relations panels chairpersons Dick Lugar and Henry Hyde and ranking Democrats
on the two panels, Joe Biden and Tom Lantos.
The bill reflects the widely held view in both the House and
the Senate that peaceful nuclear cooperation with India
can serve multiple US
foreign policy and national security objectives, but that this must be secured
in a manner that minimises potential risks to the global non-proliferation
regime, they said.
The conference agreement will help solidify New Delhi's commitments to implement strong
export controls, separate its civilian nuclear infrastructure from its weapons
programme, and place additional civilian facilities under International Atomic
Energy Agency (IAEA) safeguards.
"An agreement for peaceful nuclear cooperation with India would be a powerful incentive for India to cooperate closely with the United States
in halting proliferation and abstaining from additional tests of nuclear
weapons," they said.
In addressing India's
concerns over the Iran
issue, the conference changed the provision making the deal contingent on New Delhi aligning its Iran
policy with that of Washington
from a condition to an 'expectation'.
"The conferees, along with both Houses, place great
emphasis on their expectation that India's
full cooperation with efforts by the US
and the international community to prevent Iran from acquiring the capability
to produce nuclear weapons will be forthcoming," the report said.
There was no official word on what had held up the
legislation, but reports suggested that House Republican Majority leader John
Boehner, one of nine conferees, wanted an unrelated clause to increase India's H1-B
visa quota to piggy ride on the bill.
However, Joseph Biden ranking Democrat on the Senate Foreign
Relations Committee, who takes over chairmanship of the panel in January,
declined to oblige saying such issues should be dealt with by the new Democrat
controlled Congress.
The final reconciled version also substantially addresses India's
potential deal breaker concerns over provisions relating to export of nuclear
materials or technology, an end-use monitoring programme and a cooperative
proliferation monitoring mechanism.
Some of the conditions are more suggestive now than
prescriptive, analysts noted. Section 115 of the Senate bill proposing a
proliferation monitoring mechanism for one now only 'authorises' the US Energy
Secretary to enter into such an arrangement.
Some in the Indian nuclear establishment saw this as a
potentially mischievous clause that could enable Washington
to monitor India's
strategic assets.
Similarly, India's
concern about Iran
and a couple of other issues have been addressed by making them presidential
reporting requirements rather than prescriptive sections of the bill.
Section 105(8) in the Senate version of the bill originally
required a determination by the president that India
is fully and actively participating in US and international efforts to
dissuade, sanction and contain Iran
for its nuclear programme consistent with United Nations Security Council
resolutions.
Section 106 prohibited the export of any equipment,
materials or technology related to the enrichment of uranium, the processing of
spent fuel, or the production of heavy water, while Section 107 required an
end-use monitoring programme to be carried out with respect to US exports and
re-exports of nuclear materials, equipment and technology sold or leased to
India.
But with no voting scheduled on the final piece of
legislation by late Thursday night "it's coming down to the wire" is
how State Department spokesperson Sean McCormack put it.
Asked if US under secretary of state for political affairs,
R. Nicholas Burns, who is Washington's chief
negotiator for the India
deal, was in New Delhi because India may have
a problem with some provisions of the emerging legislation, he replied,
"Not as far as I know."
"You know that this can be a nerve-wracking process as
you go through this. But this is how democracies work. The Indian government understands that and
we're sure that they appreciate it.
"And he is going there to talk to them about the
agreement, how to move forward on it, as well as how to move forward on the
broad arc of our relationship," McCormack added.

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