ID :
23965
Sat, 10/11/2008 - 17:32
Auther :
Shortlink :
https://oananews.org//node/23965
The shortlink copeid
India bound by agreed text of 123 Agreement: Mukherjee
Sridhar Krishnaswami
Washington, Oct 11 (PTI) India Saturday made it clear
that it was bound only by the agreed text of the 123 Agreement
after it inked the landmark pact to operationalise the nuclear
deal with the U.S., culminating three years of intense efforts
from both sides to reverse 34 years of its nuclear isolation.
Winding up his day-long visit here during which he signed
the civilian nuclear cooperation pact with Secretary of State
Condoleezza Rice, External Affairs Minister Pranab Mukherjee
said he was satisfied with fuel supply assurances specified
not only in the accord but also in the Presidential Statement.
"...we will implement this agreement in good faith. That
clearly implies we trust each other," he told reporters
responding to a query on the issue of trust in foreign policy.
Mukherjee maintained that he was aware of the internal
mechanisms and processes of the U.S. but would not comment on
the process of legislation in the American Congress.
"We are bound by the agreed text of the 123 Agreement
which is negotiated by the negotiators of the two countries.
And it is on the basis of Joint statement issued by President
(George W.) Bush and Prime Minister (Manmohan Singh) on 18th
July 2005 and also by the Joint Statement of March 2006.
"It is not merely a question of the interpretation. It is
the question of the agreed text on which we are depending,"
the External Affairs Minister said.
When asked whether he was rejecting Congressional intent
in the resolution of approval by insisting that India was
bound only the text of the 123 Agreement, he said "I am aware
of the procedure followed by U.S. Congress in the legislation.
Every country has its own process of legislation as we have."
"We are bound by the agreement negotiated between the two
sovereign countries and in this case, it is the 123
Agreement," he said, hoping that India will be soon completing
procedures on the issue of liabilities.
"As far as the question on the International Convention
to mitigate the liabilities of nuclear issues, we are in the
process of completing the formalities in our country and I do
hope it would be possible for us to participate in the
International Convention in due course of time," Mukherjee
said.
On fuel supply assurances, the minister maintained that
the Text of the 123 Agreement and the Presidential Statement
took care of the matter.
"The text of the agreement, if you go through, has
entrusted responsibilities and obligations on both sides. In
my observation I have pointed out that there is a balance
between the obligation and the rights which we comply with.
"The Text of the 123 Agreement provides the fuel supply
assurance to India and it has been reiterated by the
President's signing Statement," Mukherjee said.
The Minister was asked if he was satisfied with the Bush
Statement on fuel assurances against the backdrop of what
administration members had told Congress on the implications
of any testing by India.
"...every country has its own way of internal mechanism
of fulfilling the constitutional obligation and also the
process of legislation. I would not like to make any comment
on the process of legislation in U.S. Congress and their
observations on it. As I repeated, the Fuel supply
assurance is being provided in the text of the 123 Agreement
itself in Article 5.6," he said.
Pressed whether this assurance is legal or political,
Mukherjee replied "I mentioned the particular section of the
agreement which is signed."
Mukherjee said that there were moments when doubts had
come if the accord would materialise.
"Of course in these long three years there had been many
moments of suspicion. Even on this issue the Government of
India had to face a No Trust motion in our Lok Sabha. And we
won that trust motion. Therefore there had been occasions.
Many people doubted whether the agreement will see the light
of day. But ultimately it has been possible to achieve this
success," Mukherjee said.
The minister did not believe that there is an adverse
linkage between the current financial crisis and the civil
nuclear cooperation getting off the ground.
"This agreement is a culmination of three years of
efforts. This agreement has been signed when all the necessary
formalities have been completed including the ratification of
U.S. Congress as required per U.S. Constitution and finally by
the assent to this law by the US President," he said.
"In between certain developments have taken place. No
doubt it would have its impact on the overall economic
situation but this is not particularly related to the Indo-US
civil nuclear cooperation which is the subject of this
agreement," he said.
Mukherjee also maintained that it is not possible to put
a precise dollar value to what American firms would be able to
compete for nuclear trade in India.
"We are entering into civil nuclear cooperation with the
United States, France and Russia and these are essentially
commercial contacts and surely the commercial aspect will be
taken into account. But we are aware of an expanding
relationship with the U.S.A.," he said at one point.
"... these are all commercial transactions which will
take place when commercial contracts take place. In terms of
value, in terms of other ingredients, it is too early (to
say). These are all estimates; as and when they materialise,
the actual figures will be available to us," Mukherjee said.
Calling the initialling of the 123 Agreement between the
two countries a "historic occasion," a beaming Mukherjee in
his opening statement at the press conference said "it marks
the beginning of resumption of India's civil nuclear
cooperation and trade with the United States and with the
wider international community."
"We intend to implement this Agreement in good faith
and in accordance with the principles of international law and
I am confident that the U.S. will also do the same," he said.
Earlier, speaking at the signing ceremony at the State
Department, Mukherjee insisted that the accord was "legally
binding" on both sides.
Noting that the Agreement reflects a "careful balance
of rights and obligations", he said "its (pact's) provisions
are now legally-binding on both sides once the agreement
enters into force."
His comment assumes significance since the U.S. had
earlier said that the contents of the 123 Agreement were a
political commitment and not legally binding, triggering
concerns in India over aspects like promises on nuclear fuel
assurances.
The importance of the Agreement is that it is the
first step to civil nuclear cooperation and trade between
India and the United States, Mukherjee said.
"The Agreement reflects a careful balance of rights
and obligations for both parties," he stressed again at the
press conference.
Mukherjee said India attached "great importance" to
the agreement inked and to civil nuclear commerce with the
international community which also paved the way for entry of
US firms into the Indian nuclear market after three decades.
He also thanked Bush for his "sustained support" for the
deal and described Rice as a "pillar of strength" through the
process of realising the joint vision of Prime Minister Singh
and the US President.
Washington, Oct 11 (PTI) India Saturday made it clear
that it was bound only by the agreed text of the 123 Agreement
after it inked the landmark pact to operationalise the nuclear
deal with the U.S., culminating three years of intense efforts
from both sides to reverse 34 years of its nuclear isolation.
Winding up his day-long visit here during which he signed
the civilian nuclear cooperation pact with Secretary of State
Condoleezza Rice, External Affairs Minister Pranab Mukherjee
said he was satisfied with fuel supply assurances specified
not only in the accord but also in the Presidential Statement.
"...we will implement this agreement in good faith. That
clearly implies we trust each other," he told reporters
responding to a query on the issue of trust in foreign policy.
Mukherjee maintained that he was aware of the internal
mechanisms and processes of the U.S. but would not comment on
the process of legislation in the American Congress.
"We are bound by the agreed text of the 123 Agreement
which is negotiated by the negotiators of the two countries.
And it is on the basis of Joint statement issued by President
(George W.) Bush and Prime Minister (Manmohan Singh) on 18th
July 2005 and also by the Joint Statement of March 2006.
"It is not merely a question of the interpretation. It is
the question of the agreed text on which we are depending,"
the External Affairs Minister said.
When asked whether he was rejecting Congressional intent
in the resolution of approval by insisting that India was
bound only the text of the 123 Agreement, he said "I am aware
of the procedure followed by U.S. Congress in the legislation.
Every country has its own process of legislation as we have."
"We are bound by the agreement negotiated between the two
sovereign countries and in this case, it is the 123
Agreement," he said, hoping that India will be soon completing
procedures on the issue of liabilities.
"As far as the question on the International Convention
to mitigate the liabilities of nuclear issues, we are in the
process of completing the formalities in our country and I do
hope it would be possible for us to participate in the
International Convention in due course of time," Mukherjee
said.
On fuel supply assurances, the minister maintained that
the Text of the 123 Agreement and the Presidential Statement
took care of the matter.
"The text of the agreement, if you go through, has
entrusted responsibilities and obligations on both sides. In
my observation I have pointed out that there is a balance
between the obligation and the rights which we comply with.
"The Text of the 123 Agreement provides the fuel supply
assurance to India and it has been reiterated by the
President's signing Statement," Mukherjee said.
The Minister was asked if he was satisfied with the Bush
Statement on fuel assurances against the backdrop of what
administration members had told Congress on the implications
of any testing by India.
"...every country has its own way of internal mechanism
of fulfilling the constitutional obligation and also the
process of legislation. I would not like to make any comment
on the process of legislation in U.S. Congress and their
observations on it. As I repeated, the Fuel supply
assurance is being provided in the text of the 123 Agreement
itself in Article 5.6," he said.
Pressed whether this assurance is legal or political,
Mukherjee replied "I mentioned the particular section of the
agreement which is signed."
Mukherjee said that there were moments when doubts had
come if the accord would materialise.
"Of course in these long three years there had been many
moments of suspicion. Even on this issue the Government of
India had to face a No Trust motion in our Lok Sabha. And we
won that trust motion. Therefore there had been occasions.
Many people doubted whether the agreement will see the light
of day. But ultimately it has been possible to achieve this
success," Mukherjee said.
The minister did not believe that there is an adverse
linkage between the current financial crisis and the civil
nuclear cooperation getting off the ground.
"This agreement is a culmination of three years of
efforts. This agreement has been signed when all the necessary
formalities have been completed including the ratification of
U.S. Congress as required per U.S. Constitution and finally by
the assent to this law by the US President," he said.
"In between certain developments have taken place. No
doubt it would have its impact on the overall economic
situation but this is not particularly related to the Indo-US
civil nuclear cooperation which is the subject of this
agreement," he said.
Mukherjee also maintained that it is not possible to put
a precise dollar value to what American firms would be able to
compete for nuclear trade in India.
"We are entering into civil nuclear cooperation with the
United States, France and Russia and these are essentially
commercial contacts and surely the commercial aspect will be
taken into account. But we are aware of an expanding
relationship with the U.S.A.," he said at one point.
"... these are all commercial transactions which will
take place when commercial contracts take place. In terms of
value, in terms of other ingredients, it is too early (to
say). These are all estimates; as and when they materialise,
the actual figures will be available to us," Mukherjee said.
Calling the initialling of the 123 Agreement between the
two countries a "historic occasion," a beaming Mukherjee in
his opening statement at the press conference said "it marks
the beginning of resumption of India's civil nuclear
cooperation and trade with the United States and with the
wider international community."
"We intend to implement this Agreement in good faith
and in accordance with the principles of international law and
I am confident that the U.S. will also do the same," he said.
Earlier, speaking at the signing ceremony at the State
Department, Mukherjee insisted that the accord was "legally
binding" on both sides.
Noting that the Agreement reflects a "careful balance
of rights and obligations", he said "its (pact's) provisions
are now legally-binding on both sides once the agreement
enters into force."
His comment assumes significance since the U.S. had
earlier said that the contents of the 123 Agreement were a
political commitment and not legally binding, triggering
concerns in India over aspects like promises on nuclear fuel
assurances.
The importance of the Agreement is that it is the
first step to civil nuclear cooperation and trade between
India and the United States, Mukherjee said.
"The Agreement reflects a careful balance of rights
and obligations for both parties," he stressed again at the
press conference.
Mukherjee said India attached "great importance" to
the agreement inked and to civil nuclear commerce with the
international community which also paved the way for entry of
US firms into the Indian nuclear market after three decades.
He also thanked Bush for his "sustained support" for the
deal and described Rice as a "pillar of strength" through the
process of realising the joint vision of Prime Minister Singh
and the US President.
