The revised Nuclear Suppliers Group draft

1 a) Desire to contribute to the effectiveness and integrity of the global non-proliferation regime, and to the widest possible implementation of the provisions and objectives of the Treaty on the non-proliferation of nuclear weapons; b) Seek to avert the further spread of nuclear weapons; c) Wish to pursue mechanisms to affect positively the non-proliferation commitments and actions of all states outside the nuclear non-proliferation regimes; and d) Seek to promote fundamental principles of safeguards and export controls for nuclear transfers for peaceful purposes.
2 Participating governments have taken note of steps that India has voluntarily taken with respect to the following non-proliferation commitments and actions:
a) Deciding to separate civilian nuclear facilities in a phased manner and to ?le a declaration regarding its civilian nuclear facilities with the IAEA, in accordance with its Separation Plan (Circulated as INFCIRC/731); b) Concluding negotiations with the IAEA and obtaining approval by the board of governors on 1 August, 2008, for an “agreement between the Government of India and the IAEA for the application of safeguards to civilian nuclear facilities,” in accordance with IAEA standards, principles and practices (including IAEA board of governors document GOV/1621); c) Committing to sign and adhere to an Additional Protocol with respect to India’s civil nuclear facilities; d) refraining from transfer of enrichment and reprocessing technologies to states that do not have them and supporting international efforts to limit their spread; e) instituting a national export control system capable of effectively controlling transfers of multilaterally controlled nuclear and nuclear-related material, equipment and technology; f) Harmonising its export control list and guidelines with those with the Nuclear Suppliers Group and committing to adhere to the NSG guidelines; and g) Continuing its unilateral moratorium on nuclear testing, and its readiness to work with others towards the conclusion of multilateral and Fissile Materials Cut-off Treaty 3. Based on the commitments and actions mentioned above, Participating Governments have adopted the following policy on civil nuclear cooperation by Participating Governments with the IAEAsafeguarded Indian civil nuclear program:
a) Notwithstanding paragraph 4(a),4 (b),4(c) of INFCIRC/254/REV.9/Part 1, Participating Governments may transfer triggerless items and/or related technology to India for peaceful purposes and for use in IAEA-safeguarded civil nuclear facilities, provided that the transfer satis?es INFCIRC/254/Part 1, as revised; b) Notwithstanding paragraphs 4(a) and 4 (b) of INFCIRC/254/REV 7/Part 2, Participating Governments may transfer nuclear-related dual-use equipment, materials, software, and related technology to India for peaceful purposes and for use in civil nuclear facilities under IAEA safeguards, provided that the transfer satis?es all other provisions of INFCIRC/254/Part 2 as revised. c) At each Plenary, Participating Governments shall niotofy each other of approved transfers to India of Annexe A and B items listed in INFCIRC/254/Part 1, as revised. Participating Governments are also invited to exchange information, including about their own bilateral agreements with India. d) Participating Governments will maintain contact and consult through regular channels including the Consultative Group and Plenary, on matters connected with the implementation of this Statement taking into account relevant international commitments or bilateral agreements with India. With a view to intensi?cation of dialogue and partnership with India, the Chairman is requested to confer and consult with India and keep the Plenary informed of these consultations. e) In the event that one or more Participating Governments consider that circumstances have arisen which require consultations, Partici pating Governments will act in accordance with Paragraph 16 of the Guidelines.
4. In order to facilitate India’s adherence to INFCIRC/ 254/Parts 1 and 2 and to remain current in its implementation of the Guidelines, the NSG Chair is requested to review proposed amendments to the Guidelines with India and inform the Plenary of the outcome of the dialogue with India. Participation of India in the decisions regarding the proposed amendments will facilitate their effective implementation by India.
5 The NSG Point of Contact is requested to submit this statement to the IAEA director general with a request that it be circulated to all member states.
1 a) Desire to contribute to the effectiveness and integrity of the global non-proliferation regime, and to the widest pos- sible implementation of the provisions and objectives of the Treaty on the non-prolif- eration of nuclear weapons; b) Seek to avert the further spread of nuclear weapons; c) Wish to pursue mecha- nisms to affect positively the non-proliferation commit- ments and actions of all states outside the nuclear non-prolif- eration regimes; and d) Seek to promote fun- damental principles of safe- guards and export controls for nuclear transfers for peaceful purposes. 2 Participating governments have taken note of steps that India has voluntarily taken with respect to the following non-proliferation commit- ments and actions: a) Deciding to separate civilian nuclear facilities in a phased manner and to ?le a declaration regarding its civil- ian nuclear facilities with the IAEA, in accordance with its Separation Plan (Circulated as INFCIRC/731); b) Concluding negotiations with the IAEA and obtaining approval by the board of gov- ernors on 1 August, 2008, for an “agreement between the Government of India and the IAEA for the application of safeguards to civilian nuclear facilities,” in accordance with IAEA standards, principles and practices (including IAEA board of governors document GOV/1621); c) Committing to sign and adhere to an Additional Proto- col with respect to India’s civil nuclear facilities; d) refraining from transfer of enrichment and reprocessing technologies to states that do not have them and supporting international efforts to limit their spread; e) instituting a national export control system ca- pable of effectively controlling transfers of multilaterally con- trolled nuclear and nuclear-re- lated material, equipment and technology; f) Harmonising its export control list and guidelines with those with the Nuclear Suppli- ers Group and committing to adhere to the NSG guidelines; and g) Continuing its unilateral moratorium on nuclear testing, and its readiness to work with others towards the conclusion of multilateral and Fissile Ma- terials Cut-off Treaty 3. Based on the commit- ments and actions mentioned above, Participating Govern- ments have adopted the fol- lowing policy on civil nuclear cooperation by Participating Governments with the IAEA- safeguarded Indian civil nucle- ar program: a) Notwithstanding para- graph 4(a),4 (b),4(c) of INFCIRC/254/REV.9/Part 1, Participating Governments may transfer triggerless items and/or related technology to India for peaceful purposes and for use in IAEA-safe- guarded civil nuclear facilities, provided that the transfer sat- is?es INFCIRC/254/Part 1, as revised; b) Notwithstanding para- graphs 4(a) and 4 (b) of INFCIRC/254/REV 7/Part 2, Participating Governments may transfer nuclear-related dual-use equipment, materials, software, and related tech- nology to India for peaceful purposes and for use in civil nuclear facilities under IAEA safeguards, provided that the transfer satis?es all other pro- visions of INFCIRC/254/Part 2 as revised. c) At each Plenary, Participating Gov- ernments shall niotofy each other of approved transfers to India of Annexe A and B items listed in INFCIRC/254/Part 1, as revised. Participating Gov- ernments are also invited to exchange information, includ- ing about their own bilateral agreements with India. d) Participating Governments will maintain contact and consult through regular chan- nels including the Consultative Group and Plenary, on matters connected with the imple- mentation of this Statement taking into account relevant international commitments or bilateral agreements with India. With a view to intensi?- cation of dialogue and partner- ship with India, the Chairman is requested to confer and consult with India and keep the Plenary informed of these consultations. e) In the event that one or more Participating Governments consider that cir- cumstances have arisen which require consultations, Partici- pating Governments will act in accordance with Paragraph 16 of the Guidelines. 4. In order to facilitate India’s adherence to INFCIRC/ 254/Parts 1 and 2 and to remain current in its implementation of the Guidelines, the NSG Chair is requested to review proposed amendments to the Guidelines with India and inform the Plenary of the outcome of the dialogue with India. Participation of India in the decisions regarding the proposed amendments will facilitate their effective imple- mentation by India. 5 The NSG Point of Contact is requested to submit this statement to the IAEA direc- tor general with a request that it be circulated to all member states.