30.7.11

New NSG norms



The Nuclear Suppliers Group (NSG) has published new guidelines tightening rules for transfer of enrichment and reprocessing (ENR) technology to countries that have not signed the nuclear Non-Proliferation Treaty (NPT). While the decision to put out new guidelines was taken at the NSG plenary meeting in Noordwijk on June 23-24, the new guidelines were published only on Thursday. The new rules restrict the transfer of ENR equipment and technology to countries that have signed the NPT and have implemented comprehensive safeguards. India has not signed the NPT and does not want to sign it as a non-nuclear weapons state. As a result of the Indo-US nuclear deal of 2008, the government signed an Indiaspecific safeguards agreement with the IAEA which allowed India to implement a “separation plan”, putting all its civilian nuclear reactors under safeguards, while keeping the strategic nuclear weapons programme outside its ambit. The new guidelines expect the recipient state to sign the “model” Additional Protocol — India has signed an Additional Protocol but it’s India-specific as well. Due to the new norms India will find it very difficult to access ENR technologies. The government will be forced to answer uncomfortable questions on the quality of the nuclear waiver when Parliament meets next week. However, when India got the waiver in September 20-08, the NSG exemption said, “Participating governments may transfer trigger list items and/or related technology to India… provided transfers of sensitive exports remain subject to paragraphs 6 and 7 of the guidelines.” At the time, paragraph 6 said: “Suppliers should exercise restraint in the transfer of sensitive facilities, technology and material usable for nuclear weapons or other nuclear explosive devices.” Paragraph 7 said:“For a transfer of an enrichment facility, or technology therefore (sic), the recipient nation should agree neither the transferred facility, nor any facility based on such technology, will be designed or operated for the production of greater than 20% enriched uranium without the consent of the supplier nation, of which the IAEA should be advised.” India could make the case that it would only confine itself to the 2008 waiver but if that would be the understanding among supplier countries is very debatable. The US, France and Russia have all issued statements after the new ENR decisions that they would abide by their “full civilian nuclear cooperation” with India. Nuclear analyst Mark Hibbs of US-based Carnegie Endowment said that neither of the three main nuclear suppliers ever intended to supply ENR to India.

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