The Hindu : Front Page : ‘Deal subject to Hyde Act’

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‘Deal subject to Hyde Act’

WASHINGTON: One of the provisions of the bill adopted by the U.S. Senate Foreign Relations Committee on Wednesday makes it clear that “...it is the policy of the U.S. to seek to prevent the transfer to India of nuclear equipment, materials, or technology from other participating governments in the Nuclear Suppliers Group (NSG) or from any other source.”

Such a contingency would arise in the event nuclear transfers to India are suspended or terminated in pursuance of provisions of the Hyde Act, the Atomic Energy Act or any other U.S. law, the provision in the bill reads.

The bill also mandates that the nuclear deal will be subject to the provisions of the Hyde Act, Atomic Energy Act and other U.S. laws, an issue on which India insists that it is bound only by the 123 agreement.

Under the Rule of Construction, the bill says nothing in the agreement shall be construed to supersede the legal requirements of the Hyde Act or the Atomic Energy Act of 1954. New Delhi has been unhappy with recent assertions by President George Bush in the transmittal document to the Congress that the 123 agreement contains “political commitments” which are not legally binding on the U.S.

A State Department note to the House Foreign Affairs Committee headed by Howard Berman, a known critic of the deal, makes it clear that fuel supplies would stop immediately if India conducts a nuclear test and specified reasons like market factors for ensuring uninterrupted supplies.

In the 123 agreement, the U.S. is committed to certain steps against disruption of fuel supplies to India, including a provision that the two countries would jointly convene a group of friendly supplier countries like Russia, France and the U.K. to restore fuel supply to India.

Under the Senate bill, any nuclear power reactor and power fuel provided to India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operational requirements.

The President shall certify to the Congress that the implementation of the agreement is consistent with the obligation of the U.S. under various non-proliferation treaties, it said.

The bill also requires the Congress to urge the Indian government to sign and adhere to an ‘Additional Protocol’ with the IAEA at the earliest possible date.

Only two lawmakers — Barbara Boxer and Russel Feigngold (both Democrats) — opposed the measure.

The approval means that the bill is now in the office of the Senate Majority Leader, Senator Harry Reid, who will have to schedule it for a vote after consultations with the Republican Minority Leader Senator Mitch McConnell.

The House Foreign Affairs Committee is yet to schedule a hearing to take a decision on a vote of approval. — PTI

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