By IANS
New Delhi : The government Monday clarified that the Hyde Act was a US domestic law and the 123 agreement would be superior to it in terms of the Indo-US civil nuclear deal once it is in place.
In response to Left parties’ concerns over the Indo-US nuclear deal and the Hyde Act, the government said its negotiations with the International Atomic Energy Agency (IAEA) on India-specific safeguards would be finalised only after the 123 agreement is in place, Left sources said.
After the first meeting of the 15-member United Progressive Alliance (UPA)-Left committee formed to discuss the Left’s concerns over the nuclear agreement, the UPA Monday responded to a note by the Left parties sent on Friday.
“The Hyde Act is an enabling legislation applicable to US administration. The core of the legislation is that it gives a permanent waiver in respect of certain provisions of the US Atomic Energy Act. This is an implicit recognition of India’s status as a nuclear weapons state,” the note says.
“India’s commitment will rise from the 123 bilateral agreement. The agreement as the prevailing law will delineate the specific rights and responsibilities of US and India that governs and controls the agreement’s implementation.
“123 is not circumscribed by various US laws and stands on its own. Customary international law also ensures that Hyde Act does not apply to India or overwrites the agreement.
“India-US agreement is far superior in the sense that no agreement with any other country allows a period of one year for consultation if a dispute has arisen and “its termination happens only after a year, the note explained.
“And they have to give reasons for proposed termination. The US has agreed to incorporate its assurances relating to fuel supply in the agreement. US commitment to India to supply fuel for the lifetime of India’s reactors are specific and there is no doubt about it.”
“While India negotiates India-specific safeguard agreement with IAEA, that agreement will be brought into force only after NSG exemptions and bilateral cooperation agreements, including the 123, are in place.
“We will negotiate and finalise India-specific safeguards just as we have finalised the 123 agreement.”
The note says the separation plan of civil and military facilities was voluntarily done by India and was “in our national interest”. “There is no question of including a reference of separation plans in 123 agreement.”
It said foreign reactors using foreign supplied nuclear material and technology will come under the safeguards.
India will establish new national re-processing facilities dedicated to reprocessing the safeguarded nuclear material.