The draft Safeguards Agreement reached between New Delhi and IAEA makes it clear that the UN watchdog will not interfere with India's military programme and the pact will apply only to the civilian nuclear facilities to be identified by India.
The text of the draft India-specific agreement, unveiled by the government here today, acknowledges the plan made under the Indo-US civil nuclear deal by which India will offer its civilian atomic facilities to be put under safeguards, keeping out the military facilities.
The draft, which is a key step in implementation of the Indo-US nuclear deal, envisages that India would undertake that none of the items produced in the safeguarded facilities and material received for them shall be used for the manufacture of any nuclear weapon or to further any other military purpose.
Such items shall be used exclusively for peaceful purposes and shall not be used for the manufacture of any nuclear explosive device, says the draft, which was made public a day after the IAEA announced that the document has been circulated among its Board of Governors.
"....India shall file with the Agency (IAEA) a declaration, based on its sovereign decision, to place voluntarily its civilian nuclear facilities under Agency safeguards in a phased manner," it says.
".... The Agency (IAEA) shall implement safeguards in a manner designed to avoid hampering India's economic or technological development, and not to hinder or otherwise interfere with any activities involving use by India of nuclear material, non-nuclear material, equipment, components, information or technology produced, acquired or developed by India independent of this Agreement for its own purposes," it says.
The provision about not intefering with aspects of India's nuclear programme other than safeguarded nuclear facilities is significant in the context of apprehensions from various quarters, including political parties and some scientists, that the country's military programme could be affected by the pact.
The Left parties had attacked the government for not so far releasing the text of the agreement and questioned whether it was hiding anything that could compromise the country's nuclear sovereignty.
The draft agreement, which is to be approved by the IAEA Board of Governors, envisages support for Indian effort to develop a strategic reserve of nuclear fuel for safeguarded facilities to guard against any disruption of supply over the life time of India's reactors.
India may take corrective measures to ensure uninterrupted operation of its civilian nuclear reactors in the event of disruption of foreign fuel supplies, it says without elaborating.
The agreement recognises India's commitment to the full development of its national three-stage nuclear programme to meet the twin challenges of energy security and protection of the environment.
It also recognises India's inalienable right to carry out research and development activities for the welfare of its people and other peaceful purposes.
Under the agreement, the IAEA recognises India as a state with advanced nuclear technology which wishes to expand to civil nuclear cooperation for its development.
The draft agreement takes note of the Indo-US nuclear deal of 2005, under which India has stated its willingness to identify and separate its civilian and military nuclear facilities and programmes in a phased manner.
The safeguards agreement also notes that the nuclear deal with the US has a provision that enables India to take a decision to place voluntarily under civilian nuclear faclities under the agency's safeguards to facilitate full civilian nuclear cooperation between New Delhi and other IAEA members.
An essential basis of India's concurrence to accept IAEA safeguards is the conclusion of international cooperation arrangements creating the necessary conditions for India to obtain access to the international fuel market, including reliable, uninterrupted and continuous access to fuel supplies from companies in several nations.
This provision implies that the safeguards agreement will be applicable after the 45-nation Nuclear Suppliers Group (NSG) grants exemption to allow India to have nuclear trade with the international community.
The safeguards agreement says that if India, on the "basis of its sole determination, decides to import or transfer any nuclear material, non-nuclear material, equipment or components subject to this agreement to any facility or other location in India ..., it shall so notify the agency (IAEA).
"Any such facility or location so notified by India" shall become "subject to this agreement as of the date of the receipt by the agency (IAEA) of such written notification from India."
India also has to notify the IAEA of the receipt of any nuclear material, non-nuclear material, equipment and components within four weeks of the arrival of such material, non-nuclear material, equipment and components.
"The safeguards shall continue with respect to produced special fissionable material and to any materials substituted therefore," the draft agreement says.
"Nothing in this agreement shall affect other rights and obligations of India under international law," it says. The safeguards will apply to any facility notified by India, any nuclear material, non-nuclear material, equipment and components supplied to India, which are required to be safeguarded pursuant to a bilateral or multilateral arrangement to which India is a party.
The safeguards will also apply to any nuclear material, including subsequent generations of special fissionable material, produced, processed or used in or by the use of a facility listed in the annexure of the agreement or in or by the use of any nuclear material, non-nuclear material, equipment and components.
The IAEA will maintain an inventory of items subject to the agreement and the UN agency will send a copy of the inventory it maintains with respect to such information to India every 12 months and also at any other times specified by India in a request communicated to the agency at least two weeks in advance.
Safeguards with respect to nuclear material may be suspended while the material is transfered, under an arrangement or agreement approved by the IAEA, for the purpose of processing, reprocessing, testing, research or development within India or to any other member state or to an international organisation, provided that the quantity of the items do not exceed limits specified in the pact.
