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Indo-Australian Business 
Bi-Monthly  |   Issue: Jul-Aug 2007
  COVER STORY
 
 
Trade Pact to be Signed Soon
Australia to Sell Uranium to India
India is an Influential Regional Power and a Potential
Strategic Partner for Australia.

- Prime Minister John Howard


In a major departure from its previous policy, Australia has decided to sell uranium to India, a significant development that could further forge the bilateral relations between the two countries.
“I wish to announce that the Australian Government has decided to allow the export of uranium to India, subject to strict conditions. I have today informed Prime Minister Singh of this decision, which he welcomed,” said Australian Prime Minister John Howard on August 16 one day after India celebrated the 60th anniversary of her Independence.
"Australia has decided in principle to export uranium to India, subject to India agreeing to very stringent safeguards and conditions," Howard said in Canberra shortly after he had a telephonic conversation with Prime Minister Singh.
"I spoke to the Indian prime minister. He has welcomed the government's decision," he said, noting that India had "a very good non-proliferation track record".
Australia's decision to sell uranium to India will no doubt act as a shot in the arm for the Indo-US civilian nuclear treaty, called the 123 Agreement.
Prime Minister Howard described India as an influential regional power and a potential strategic partner for Australia and said the two countries would negotiate a uranium trade pact soon.
Prime Minister Howard's announcement came even as Australian government's chief nuclear adviser Ziggy Switkowski said he would expect a ban on nuclear testing by India to be part of any deal.
"Our officials will now enter into negotiations regarding the conditions. We want to be satisfied that the uranium will only be used for peaceful purposes,'' he said.
Australia holds 40 percent of the world's reserves of the nuclear fuel. Prime Minister Howard's cabinet recently agreed in principle to sell the nuclear fuel to India despite its refusal to sign the Nuclear Non-Proliferation Treaty. Earlier, he told Parliament that India would have to agree to international inspections of its nuclear power plants and complete the details of its nuclear partnership pact with the US. He said safeguards to prevent the use of the nuclear fuel in weapons would be put in place.
Prime Minister Howard, a strong supporter of US President George Bush also said the sales to India would depend on the implementation of a landmark civilian nuclear deal between New Delhi and Washington.
"It has indicated that it does not intend to join the nuclear NPT. So we think it's worthwhile finding practical ways to bring it into the non-proliferation mainstream," he said.

According to Prime Minister Howard, the change in Australia's policy is subject to:
• conclusion of a suitable safeguards agreement between India and the International Atomic Energy Agency (IAEA) covering all designated civil nuclear facilities;
• conclusion by India of an Additional Protocol on strengthened safeguards;
• a consensus decision by the Nuclear Suppliers Group to make an exception to its guidelines enabling international civil supply to India;
• conclusion of a bilateral civil nuclear co-operation agreement between India and the United States; and
• satisfactory progress in implementing India's commitment to place designated civil nuclear facilities under IAEA safeguards in perpetuity.
Australian uranium supply to India would also be conditional on the conclusion of a bilateral Australia-India safeguards agreement providing assurances that Australian uranium would remain in peaceful uses at all times, supported by satisfactory verification arrangements to ensure that no Australian nuclear materials supplied to India would contribute to any military purpose.
India is the world's largest democracy, an increasingly influential regional power and an important potential strategic partner for Australia. This decision is one key element of a comprehensive package of measures the Government is taking to strengthen this important relationship. Contingent on the conditions above being met, it will be of significant economic and strategic advantage to both countries.
In Australia it will create increased exports and jobs over the longer term. The industry already generates $658 million annually in exports, and India will be a large and growing market. India's requirement for reliable, clean sources of energy is growing rapidly. India will build 11 new reactors to triple her energy generation from nuclear power and is projected to need up to 12,000 tonnes of uranium per annum to 2032.
Assisting India to meet her rapidly growing energy needs using low emission energy sources such as nuclear power will make a huge contribution to reducing global greenhouse emissions. The use of nuclear power today already reduces global emissions by more than 2 billion tonnes a year.
As well as assisting India to pursue economic development while addressing environmental challenges, the decision recognises India's strong non-proliferation record and will help to bring India more fully into the non-proliferartion.
In New Delhi, Prime Minister Singh has had tough time facing opposition political parties, including the left parties that support the ruling coalition, which say that the Indo-US agreement in its present form is detrimental to India's interests. The nuclear deal has come in for criticism even in the US.
Meanwhile, the Heritage Foundation -- the leading conservative think tank in Washington, DC, with close links to the Republican leadership in Congress -- has warned lawmakers against torpedoing the 123 Agreement.
In a report titled, 'US Nuclear Agreement with India: An Acceptable Deal for Major Strategic Gain,' the think tank noted that "two years in the making, this deal has tested the strength of the bond between India and the United States as well as the institutional flexibility on both sides necessary to usher in a new era of cooperation on nuclear issues.”
It predicted that the 123 Agreement would "greatly strengthen the US strategic position in Asia by solidifying a partnership with a one billion-strong, economically booming democracy bordering another - and less predictable -- rising power: China.”
The report said that "Congress should support this historic effort," once the administration submits the agreement for approval by the lawmakers after India's safeguards agreement with the International Atomic Energy Agency and the 45-nation Nuclear Suppliers Group comes to a consensus decision that allows civil nuclear transfers to India.
The think tank acknowledged that "members of Congress who were adamant about denying India reprocessing rights may be reluctant to accept the compromise," whereby India committed to stand up a dedicated, safeguarded reprocessing facility to ensure that US-origin nuclear fuel is not diverted to its weapons programme, but argued that lawmakers "should consider the fact that India's construction of a new reprocessing facility under international safeguards will actually bring India's nuclear program into greater conformity with the international non-proliferation regime.”
The report also contended that "Congress should also bear in mind that, after the 123 Agreement is passed, it can guide the subsequent negotiations on the arrangements for reprocessing.”
"No doubt US Congressional monitoring of the construction and implementation of the new dedicated reprocessing facility will be necessary to ensure that no corners are cut," it acknowledged, and that "beyond merely ensuring that the fuel is not used for weapons development, Congress will have to take care that less obvious violations of the spirit of the agreement do not occur, including application of US technology to any other facility, whether it is civilian or military.”
The report noted that "if India goes against the spirit of the 123 Agreement, Washington will have the right to demand back the plutonium that is stripped out through reprocessing.”
This, it said, is a critical element of the agreement to ensure that the US cannot be accused of violating its NPT obligations.;
The report appreciated the Congress' concern, however, about related clauses in the agreement that say the US will help India develop a 'strategic reserve' of nuclear fuel for the entire lifetime of the reactors.
Also, that the US has agreed to 'create conditions' for India's 'assured and full access' to the international fuel market.
It conceded that on the surface, "this language may appear at odds with the non-bonding provisions of the Hyde Act that urge Washington to limit India's access to fuel supplies from other countries in the event of a termination of the bilateral agreement.”
However, the report argued that the 123 Agreement language does not violate the Hyde Act "since the fuel access provisions are part of the agreement itself and would terminate along with the agreement if, for example, an Indian nuclear detonation triggered Section 106 of the Hyde Act terminating US-India civil nuclear cooperation.”