INDIAN PARLIAMENT PASSES LANDMARK WMD/EXPORT

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 003652

SIPDIS

PASS TO NRC

E.O. 12958: DECL: 05/14/2015
TAGS: PREL ETTC MNUC KNNP IN GOI
SUBJECT: INDIAN PARLIAMENT PASSES LANDMARK WMD/EXPORT
CONTROL LAW

REF: A. NEW DELHI 3603

B. NEW DELHI 3392

C. NEW DELHI 3270

Classified By: PolCouns Geoffrey Pyatt, for Reasons 1.4 (B, D)


1. (C) Summary: The Indian Parliament passed the landmark
"WMD and their Delivery Systems Bill" (Ref A) in record time,
with only a few hours to spare before the session adjourned
on May 13. FM Natwar Singh framed the bill as "overarching
and integrated legislation" for India's existing
non-proliferation framework and key to facilitating
international cooperation on other priorities such as India's
energy needs. MPs expressed hope that this law would enhance
India's bid for a UN Security Council seat, but no one has
focused on implementation, which suggests that more effort
will be needed to educate stakeholders about its
ramifications. End Summary.


2. (U) The Rajya Sabha (Upper House) passed the "WMD and
their Delivery Systems Bill" on May 13, almost record time in
the Indian legislative context. With Opposition boycotting
Parliament, debate in the Lok Sabha (Lower House) was
unanimously supportive, and there was little discussion in
the Rajya Sabha before the final vote, less than three hours
before the session adjourned. The legislation will now go to
the President for signature, which typically happens within a
week of passage in Parliament. If the bill were
controversial, the President may elect to hold or veto it,
but that is unlikely in this case. The legislation is
effective upon signature of the President.


3. (U) In addition to broad political support for its
objectives (Refs B and C),the GOI's adroit framing of the
draft law was a factor in the unusual speed with which it
sailed through the Cabinet and Parliament. In remarks
introducing the bill in the Lok Sabha, FM Natwar Singh framed
the proposed bill as "overarching and integrated legislation"
for a variety of long-established and widely accepted
policies such as the Chemical and Biological Weapons
Conventions, as well as more recent obligations like UNSCR

1540. He also alluded to how the bill might facilitate other
high-priority GOI goals such as development of its civil
nuclear energy program: "The rationale (for the WMD bill) is
based on the same policy tenets that have guided the country
over the past several decades, which are reflective of the
nation's commitment to safeguard India's national security,
to deepen its autonomous scientific and technical capability
for meeting our security imperatives and development goals,
and to the objective of global peace and security."

Little Debate
--------------


4. (U) In the Lok Sabha, seven MPs spoke on the bill,
elaborating on the FM's remarks. Noting a proposed visit by
the PM to the US, possible assistance from Russia for
additional nuclear reactors, and India's campaign for
Security Council membership, MP Rupchand Pal (CPI-M - West
Bengal) underscored the urgency of the bill, but also
complained that MPs were not given enough time to understand
all its provisions. Lauding the bill as a means to preserve
India's strategic, scientific, and economic autonomy, he
cautioned that it not be misused domestically, citing
politically-motivated zealousness in carrying out the
Prevention of Terrorism Act.

Business as Usual???
--------------


5. (SBU) Interestingly, none of the MPs commented on what,
if any, changes might have to be made to India's current
export control program and trade policy in order to comply
with the new law. According to MP Pawan Bansal
(Congress-Chandigharh),it would be "business as usual" for
India's strategic programs, "This bill takes care to see that
there is no tinkering with our nuclear policy, and there is
no constraint whatsoever on our nuclear programs -- civilian
or strategic." Focusing on the relatively lengthy provisions
detailing punishments for violation of the law, Col (Rtd)
Dhani Ram Shandil (Congress - Shimla),stated, "The most
important facet of this legislation is that it is against
terrorist groups." There was no discussion of the resources
necessary to implement and enforce this bill.

Comment
--------------


6. (C) The GOI, and the MEA in particular, demonstrated
impressive legislative legwork to ensure passage of this
milestone bill in near-record time. The fact that MPs made
no association between it and US efforts to lobby for
stronger export control legislation, a link that may have
stirred ill-timed controversy among the Left parties
(possibly resulting in delay),was certainly part of MEA's
strategy to ensure quick passage. Indeed, even the name of
the bill, "Weapons of Mass Destruction and Their Delivery
Systems (Prohibition of Unlawful Activities) Bill," seemed to
have obscured the bill's practical objective to expand GOI
control over export of sensitive items and technologies.


7. (C) The discussion in Parliament, however, suggests that
it will take more time and effort to educate MPs, private
industry, and more importantly, the relevant government
agencies about the implications of this legislation such as
the resources necessary to implement and enforce its
provisions, and the possible consequences for the Indian
trade control system and private industry.
BLAKE