'Moratorium on testing crucial for N deal approval'

Washington, June 14 : India's commitment to maintaining a moratorium on nuclear testing and its strict adherence to export controls of sensitive nuclear technology are crucial for obtaining Congressional approval of the Indo-US civilian nuclear deal, experts said.

Terming these two conditions as ''bottom line requirements'' for a formal US-India nuclear cooperation agreement, two non-proliferation experts -- Michael Levi and Charles Ferguson -- told reporters here yesterday that the US Congress should ensure that if India breaks its unilateral moratorium on nuclear testing, nuclear cooperation with New Delhi would cease.

Elaboarating on this requirement, Mr Levi and Mr Ferguson -- both Fellows at the Council of Foreign Relations -- said preventing further Indian nuclear testing and fundamental changes in Indian nuclear strategy, is more important than blocking growth of its nuclear weapons. ''If India resorts to more testing, it would encourage China, for example, to cooperate more closely with Pakistan and Russia to expand its aid to Iran's nuclear program,'' they contended.

''Congress should also focus on obtaining cooperation from India as well as other countries in controlling the spread of sensitive nuclear technologies through strict export control measures to prevent rogue nations or terrorists from obtaining weapons-grade technology,'' they added.

Mr Levi and Mr Ferguson suggested that the US Congress should quickly adopt a ''Sense of Congress Resolution'' to express its support for nuclear cooperation and endorse the deal's basic framework but instead of immediately approving final legislation, it should incorporate these ''bottom-line requirements'' to ensure that critical American nonproliferation needs are met.

Both of them felt that scuttling the deal now would be unwise and damaging to India-US relations, but it could be retrieved if a few ''smart fixes'' are made so that India and the United States would have an improved relationship without sacrificing American nonproliferation goals.

They declined to comment on the mark up legislation on the deal that is coming up before the House International Relations Committee on June 21, saying they were not aware of any modifications that have been made.

Mr Levi and Mr Ferguson also said that from their interaction with Congressmen, they felt the deal would get Congressional approval only after ''all the pieces are in place,'' meaning that India puts in place the 123 agreement, completes its negotiations with the International Atomic Energy Agency (IAEA) on permanent safeguards and gets the nod from the Nuclear Suppliers Group, the 45-nation body that regulates global trade in nuclear technology and equipment by consensus.

''After one meeting with IAEA officials, India has not returned for more talks, despite US pressure to do so. Also incomplete are negotiations between India and the International Atomic Energy Agency, the U.N. nuclear watchdog, on an agreement that would spell out how the agency would oversee India's civilian nuclear facilities.'' It was hoped the Nuclear Suppliers Group would declare support for the agreement at a meeting this month. But some smaller members, including Sweden and Switzerland, oppose the deal, and larger countries have serious questions. Months of delay are likely there too, they said.

''The Bush administration has stirred deep passions and put Congress in the seemingly impossible bind of choosing between approving the deal and damaging nuclear nonproliferation, or rejecting the deal and thereby setting back an important strategic relationship,'' Mr Levi and Mr Ferguson said, contending that this was a ''false choice. '' They called upon the US Congress and the Bush administration to focus on the following principles as the basic framework for solidifying the US-India civilian nuclear deal:

To reinforce (India's) commitments to strengthening export controls, Congress should ask the administration if it requires any money or legal authority to assist India in improving its export controls and it should provide whatever is needed. This support would most likely fund American experts to work cooperatively with Indian authorities, rather than comprise direct transfers to India.

US legislation, while mandating the future shape of the Indian nuclear complex, should provide incentives to steer India in the right direction.

Future cooperation should be freed from the ''formal annual review, that could undermine the confidence-building purpose of the US-India deal. Instead, in exchange for giving up its annual right of review, Congress should provide less-intrusive incentives for India to label future reactors as civilian and place them under inspection.

Congress should accept that India will not ''unilaterally'' cap its nuclear arsenal.

UNI