Us-India Civilian Nuclear Cooperation Agreement

The 123-nation agreement between the United States of America and the Republic of India is referred to as a civil nuclear agreement between the United States and India or an Indo-American nuclear agreement. [1] The framework of this agreement was a joint statement of 18 July 2005 by the then Indian Prime Minister, Dr. Manmohan Singh, and the then US President, George W. Bush, in which India declared its readiness to separate its civilian and military nuclear facilities and place all its civilian nuclear facilities under the security apparatus of the International Atomic Energy Agency (IAEA) , in exchange for which the United States agreed to full civil nuclear cooperation with India. [2] This agreement between the United States and India lasted more than three years, to enter into force because it had to go through several complex phases, including the modification of U.S. national legislation, in particular the Atomic Energy Act of 1954,[3] of a civil-military nuclear separation plan in India, an India-IAEA (inspections) agreement and the granting of an exemption to India by the Nuclear Suppliers Group , an export control cartel formed primarily in response to India`s first nuclear test in 1974. In its final form, the agreement provides permanent safeguards to nuclear facilities that India has classified as “civilian” and allows for extensive civil nuclear cooperation, while the transfer of “sensitive” equipment and technologies, including civilian enrichment and reprocessing products, is even excluded under IAEA protection measures. On 18 August 2008, the IAEA Board of Governors[4] and on 2 February 2009, India signed an India-specific safeguard agreement with the IAEA. [5] After the agreement came into force in India, inspections began gradually with the 35 civilian nuclear facilities identified by India in its separation plan. [6] The agreement is seen as a turning point in U.S.-India relations and introduces a new aspect to international non-proliferation efforts. [7] On 1 August 2008, the IAEA approved the safeguard agreement with India[8] after which the United States applied to the Nuclear Suppliers Group (NSG) to grant India a waiver for the opening of civil nuclear trade.

[9] On 6 September 2008, the 48-nation NSG granted India a waiver to access civil nuclear technology and fuel from other countries. [10] The implementation of this waiver has made India the only known nuclear-weapon country, not a party to the Non-Proliferation Treaty, but still allowed to trade nuclear power with the rest of the world. [11] In addition, 23,123 agreements are currently in force. These include two (along with Canada and the IAEA) dating back to the initial launch of the Atom for Peace program, as well as agreements with U.S. rivals and other nuclear powers such as Russia and China. In 2018, the Trump administration reached the recent 123-nation agreement on civil nuclear cooperation with Mexico, although the agreement has not yet entered into force. Parties to the Non-Proliferation Treaty have a recognized right of access to peaceful uses of nuclear energy and an obligation to cooperate in the field of civil nuclear technology. Irrespective of this, the nuclear materials supplier group agreed on guidelines for nuclear exports, including reactors and fuels.

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