1. Arms Control and Disarmament Division
2. Non-Proliferation, Science and Nuclear Energy Division
Disarmament, Non-Proliferation and Science Department
Ministry of Foreign Affairs
The IAEA Board of Governors (BoG) will meet on August 1 to consider a proposed Safeguards Agreement between India and the IAEA. The draft that has been circulated to BoG members deviates seriously from standard agreements and, if accepted in its current form, would undermine the integrity of the safeguards system.
Major problems with the current draft include the following:
1) In the preamble, India states that it may take unspecified "corrective actions" to ensure fuel supplies in the event that they are interrupted. The IAEA Director General and the BoG members should clarify for the record what "corrective actions" India might be contemplating before taking a decision on the agreement.
2) The text of the agreement (para 32) says India AND the Agency determine whether/when a facility may be withdrawn from safeguards. The normal INFCIRC 66 agreement gives the Agency the sole authority to do this.
3) India has not included in the agreement's annex its "declaration" of the facilities it would place under safeguards. It is ordinary practice that such agreements list the facility or facilities that would be covered by the agreement at the time the BoG considers them for approval. IAEA member states should not take a decision until that list is made available.
The above issues have received considerable media coverage. Less attention has been given to issues raised in a July 15 letter addressed to BoG members and NSG states from the Permanent Missions of Pakistan to the UN and the IAEA (copy attached). Given Pakistan's history of nuclear proliferation, it would not be surprising if many states treat its comments with skepticism. That would be a great mistake. Pakistan's letter makes several valid critical points against the agreement, which should be treated on their merits and not dismissed lightly because of the source.
I urge you to request that before any decision is taken by the BoG the draft agreement be amended to address the problems identified above, as well as the points made in Pakistan's letter. If India is unwilling to amend the draft and the BoG is determined to make a decision on the draft as it now stands, I urge you to demand that the agreement be put to a vote and that Japan vote against it.
In order to protect the IAEA Safeguards system and the international non-proliferation regime, it is essential that this matter be examined carefully. The unseemly rush to force the issue through the IAEA, the NSG and the US Congress to fit in with US and Indian political timetables must be resisted.
Yours sincerely,
Hideyuki Ban (Co-Director)
Philip White (International Liaison Officer)
Phone +81-3-3357-3800
