US will ensure a reasonable steady supply of nuke fuel: Burns

Sridhar Krishnaswami

Washington, Sep 19 (PTI) A senior Bush administration
official has said that the United States will ensure that
India had a "reasonable steady supply of nuclear fuel and in
case of disruptions, Washington is determined to do everything
it can."

"The commitments, recorded in the 123 agreement are
firm and solemn commitments on the part of the president, The
President had made clear in the transmittal letter, they are
political commitments, but we are determined to help India to
try to ensure a reasonable steady supply of fuel.

"Should disruptions arise, for example, trade
disputes, a commercial firm fails to meet its requirements,
then we are firmly determined to do everything we can to help
in that instance," Under Secretary of State for Political
Affairs William Burns told the Senate's foreign relation
committee when asked about the assurances on supply of nuclear
fuel to India.

Burns was replying to the questions by Acting Chair of
the Senate Panel Senator Chris Dodd on "what was the legal
effect of including assurances in the agreement? If those have
no legal effect, then why were they included in the agreement
at all? What would the United States do to help India create
its strategic reserve of nuclear fuel? Does the government of
India agree that those assurances were not legally binding and
if so, as it said so in public?"

"We are determined to meet those commitments to the
fullest extent consistent with U.S. law. And so any president
would be bound by U.S. law, just as you described, and I
believe that the Indians understand the clarity of our
position," Burns said when asked if the commitments were
binding on the next administration taking charge on January
20, 2009.

Acting Under Secretary for Arms Control and
International Security John Rood replying to Senator Dodd's
question if New Delhi has taken a public position reflecting
the assurances of the administration.

"With regard to their understanding that our actions
are going to be guided by U.S. law and will be consistent with
U.S. law, I believe the Indians do understand that," Rood
said.

"The president has made political commitments,
Senator, in his statements and in the agreements that we have
struck to the Indian government. And so the 123 agreement
provides a legal framework. It is an enabling piece of
agreement, which allows for cooperation to occur. It does not
compel American firms, for instance, to sell a given product
to India," Rood said answering a question on how legally
binding a political commitment was.

"And so in some of the scenarios, such as a nuclear
test, the 123 agreement preserves our right, as required under
the Atomic Energy Act, for the U.S. to terminate cooperation
and to seek the return of materials, if we judge that to be
the appropriate course of action at that time.

"There are separate pieces of U.S. legislation which
are amendments to the Atomic Energy Act that would contain
requirements for any future president of administration to
follow," Rood said.

Section 129 of the Atomic Energy Act does provide some
flexibility for the president and the administration to
determine circumstances at that time and should there be a
determination by the president that a cessation of cooperation
would be seriously prejudicial to our non-proliferation
objectives or undermine or jeopardize our common defense and
security, then the president would have the authority under
the present statute to waive that restriction, Rood added.