Text of Indo-Us nuclear deal

Text of Indo-US civilian nuclear deal unveiled


The Indo-US, 123 agreement on civil nuclear cooperation says that India and the US will engage in full civil nuclear cooperation activities covering nuclear reactors and aspects of the associated nuclear fuel cycle.


It also includes technology transfer on an industrial or commercial scale between the governments or authorised persons.

The agreement will be implemented in a manner that does not hinder or interfere with India's nuclear programme for military purposes.

The text of the agreement was released simultaneously in New Delhi and in Washington.

It says Washington will support an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India's reactors.

The document is available on the website of the Ministry of External Affairs -- mea.gov.in.

Approved by the Union Cabinet last week, the accord will also be placed in Parliament when it meets for the monsoon session on tenth of this month.

The 22-page agreement provides for termination of the nuclear cooperation with one-year notice period but prior to that the two sides will hold consultations on the circumstances, including changed security environment, that may lead to the cessation.



The US is committed to engage with the Nuclear Suppliers Group (NSG) to help India to obtain full access to the international fuel market, including reliable, uniteruppted and continual access to fuel supplies from firms in several nations.



The US will have the right to seek return of nuclear fuel and technology but it will compensate India promptly for the "fair market value thereof" and the costs incurred as a consequence of such removal.

The US will join India in seeking to negotiate with the International Atomic Energy Agency an India-specific fuel supply agreement.

The US will support an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India's reactors.

The civil nuclear deal will remain in force for a 40-year period and can be extended by an additional 10 years.

India to establish a new national facility dedicated to reprocessing safeguarded nuclear material under IAEA safeguards.

In case of disruption of fuel supplies, the US and India would jointly convene a group of friendly nations such as Russia, France and the United Kingdom to pursue measures to restore fuel supply.

The agreement allows enrichment of 20 per cent of isotope 235 of uranium transferred under the pact.

India agrees that nuclear material and equipment transferred to it by the US would be subject to safeguards in perpetuity.


Following are the key aspects of the Indo-US civil nuclear deal:

* The agreement not to hinder or interfere with India's nuclear programme for military purposes.

* US will help India negotiate with the IAEA for an India-specific fuel supply agreement.

* Washington will support New Delhi develop strategic reserves of nuclear fuel to guard against future disruption of supply.

* In case of disruption, US and India will jointly convene a group of friendly supplier countries to include nations like Russia, France and the UK to pursue such measures to restore fuel supply.

* Both the countries agree to facilitate nuclear trade between themselves in the interest of respective industries and consumers.

* India and the US agree to transfer nuclear material, non-nuclear material, equipment and components.

* Any special fissionable material transferred under the agreement shall be low enriched uranium.

* Low enriched uranium can be transfered for use as fuel in reactor experiments and in reactors for conversion or fabrication.

* The ambit of the deal include research, development, design, construction, operation, maintenance and use of nuclear reactors, reactor experiments and decommissioning.

* The US will have the right to seek return of nuclear fuel and technology but it will compensate for the costs incurred as a consequence of such removal.
123 agreement provides for consultations before termination

The Indo-US civil nuclear deal provides for a consultative mechanism if termination of the pact is warranted due to any reason, including "changed security environment", apparently a fallback arrangement if New Delhi were to conduct an atomic test.



The 123 agreement, whose text was unveiled today, is silent on nuclear testing by India but makes it clear that the pact will not hinder or hamper New Delhi's military nuclear programme.

The 40-year agreement, extendable by 10 years, commits the US to ensure uninterrupted fuel supplies to Indian reactors even if it terminates its cooperation and to help create strategic fuel reserve for Indian safeguarded nuclear reactors.

It makes it incumbent upon the US to work with other Nuclear Suppliers Group (NSG) to ensure that India can have nuclear cooperation with the international community.

"Either party (country) shall have the right to terminate this agreement prior to its expiration on one year's written notice to the other party," says the 22-page text of the pact reached last month.

"A party giving notice of termination shall provide the reasons for seeking such termination," it says, adding the termination can be cancelled if the notice is withdrawn before the end of one-year notice period.

Before the agreement is terminated, the two countries "shall consider the relevant circumstances and promptly hold consultations" to "address the reasons cited by the party (country) seeking termination", it says