FOREIGN SECRETARY: GET NSSP OUT OF THE WAY, THE

C O N F I D E N T I A L SECTION 01 OF 03 NEW DELHI 004690

SIPDIS

E.O. 12958: DECL: 06/16/2015
TAGS: PREL ETTC KNNP KSTC IN NSSP
SUBJECT: FOREIGN SECRETARY: GET NSSP OUT OF THE WAY, THE
INDIAN WAY

Classified By: Ambassador David C. Mulford for Reasons 1.4 (B, D)


1. (C) Summary: In a June 16 meeting with A/S Rademaker and
the Ambassador, Foreign Secretary Shyam Saran said he wanted
to "get NSSP out of the way" before PM Manmohan Singh's July
18 visit in order "to move on to the bigger
things we can do together," but stressed that "our way of
doing things will be different." Observing that it takes a
long time to obtain support from institutional and political
players in India, he emphasized that "once we
have made a commitment, we'll live up to it." Saran
underlined India's need to maintain a domestic political
consensus, warning that "it will be virtually impossible to
adopt the same procedures as the US." A/S Rademaker
complimented India on progress to date, urged the GOI to
answer questions raised by the recently-passed WMD Act, and
to focus on implementation mechanisms. He pointed out that
harmonization and adherence to international control regimes
are not the same, and that although every country can
approach these issues differently, there is a common
denominator, and a commonality about how lists are
administered which India must keep in mind. Saran responded
that India,s new WMD law incorporates many existing laws,
all of which already have implementing regulations. India is
now drafting implementing regulations for the new elements in
the law such as intangibles. As for how India would
harmonize its control lists with the NSG and MTCR, Saran said
the US needed to accept that there needs to be acceptance of
diversity in the manner in which states adhere. Commenting
that "the hardest part is behind us," he said that the
challenges that remain are doable. End Summary.


2. (C) The Foreign Secretary began by noting that he was
very encouraged by the new US-India paradigm the Secretary
had set forth in recent months, stressing that he wanted to
"get NSSP out of the way to move on to the bigger things we
can do together." On the recently-passed Weapons of Mass
Destruction Act, he said President APJ Abdul Kalam had just
given his assent to the Act, and that "we've done the major
part of what we're trying to do." India was working hard to
demonstrate that it is in conformity with the NSG and MCTR
("which we are"),and should have that done before the PM's
July 18 visit to Washington. Saran was pleased that the USG
is "looking at India as a partner, not as a problem," and
that "sooner or later we will be partners," asking for ideas
about how to take the partnership forward. "Although India
is not a member of the NPT, our behavior is such that we
are," he stated.


3. (C) As far as the international non-proliferation regimes
are concerned, the Foreign Secretary said the GOI had been
pursuing a careful policy, declining to make statements about
the inequitable nature of the NPT, for
example. India recognized, however, that the NPT contained
serious inadequacies, particularly non-state actors and
loopholes, which presented new challenges. There was a major
need to go beyond existing non-proliferation
instruments. India has been participating in the Container
Security Initiative (CSI) and Maritime Security Initiative
(MSI),and also wanted to be part and parcel of the PSI, "if
we can be taken on board as a full partner," he observed.

Good WMD Law, Questions on Implementation
--------------


4. (C) The USG was very pleased with the passage of the WMD
law, A/S Rademaker said, which had gone smoother and quicker
than expected, although it had also raised a number of
questions, particularly the matter of implementing
regulations. Ultimately, the test is whether the GOI control
list is harmonized with other international control lists and
how it is administered. On the Proliferation Security
Initiative (PSI),the problem was not India's
membership in the Core Group, but rather the Group itself, he
said. If it were to be expanded, as India wants, it would
suggest continued relevance. Noting that it had last met
more than a year ago, Rademaker added that its success
lies in its ad hoc nature. No decision has been made to
abolish the Core Group, nor was he certain one would be made
before July 18, he remarked.

Harmonization Problems
--------------


5. (C) Additional Secretary (International Security) Meera
Shankar responded that India is looking into how to achieve
harmonization with the international export control lists,
but emphasized that the GOI "needs political space" to come
into conformity with the NSG and MCTR regimes. Saran added
that "it seems odd that the US needs to see more happening."
As the WMD law is an umbrella law, incorporating many pieces
of existing legislation, the implementing regulations for the
existing laws already exist. The GOI has only to update
those regulations to incorporate new elements in the WMD law
such as intangibles and non-state actors.


6. (C) A/S Rademaker reminded Saran that the GOI does not
now control all items of non-proliferation concern, and urged
new regulations to be promulgated quickly to do so. Likening
such a step with EU aspirant countries internalizing the
Acquis Communautaire, he encouraged India to confirm that it
is prepared to accept the rules of NSG and MCTR members.

Our Way, and the Need for Political Consensus
--------------


7. (C) Saran replied that there needed to be a discussion
and acceptance of diversity in the manner in which states
adhere to the NSG and MCTR regimes. Observing "the way you
do controls should not be the same way we do," the Foreign
Secretary warned that "I want to be clear that if that is the

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expectation, we will fall short." India is ready to give
broad commitments, but as long as it is not a member, it is
difficult to conform to all the rules and regulations
membership entails. "India is willing to be in conformity
with what the regimes wish to achieve, but our way of doing
things will be different." Observing that it takes a long
time to obtain a commitment from the various institutional
and political players, he stressed that "once we have made a
commitment, we'll live up to it."


8. (C) Stressing that India's existing body of laws and
regulations are already being applied, Shankar asked for
flexibility in implementation for domestic political reasons.
The GOI knew the best way to steer a course through its own
system, she said, and the USG should "leave it to us to
decide what is the best way to adhere." "We are going
through that exercise now, and hope to complete it before the
PM's visit." The Foreign Secretary stressed
India's need to maintain a domestic political consensus,
adding that "if we have to submit to you what we will do, it
will be virtually impossible to adopt the same procedures as
the US, and it will be out of the window immediately."


9. (C) Shankar recalled that the NSG control lists were
adopted after the GOI nuclear tests, which fed the "almost
universal perception in India that they are targeting us."
The nuclear and high-tech communities will all ask
"what we are getting from it?" Describing the major
diplomatic effort expended to obtain passage of the law,
Saran urged the USG "not to make it too difficult" to
convince the skeptics (in the Department of Atomic Energy,
Department of Space, MoD, and DRDO). Noting that the MEA had
spent much political capital to get these organizations on
board, he said "we do not want to have the sense that the
goalposts are being moved."


10. (C) A/S Rademaker pointed out that harmonization and
adherence are not the same principles, observing that while
every country can approach this issue differently, there is a
common denominator agreed to by all members, as well as a
commonality about how the lists are administered. India
should keep this in mind as it works through these issues, he
noted. Commenting that "the hardest part is behind us," he
said that what remains presents challenges, but is doable."


11. (C) Concluding the conversation, Shankar flagged two
issues. New Delhi:

-- wanted assurances that it was "not a country of
proliferation concern;" and

-- regarding PSI, had reservations about others' authority to
board Indian ships. Noting that France had reportedly issued
its own reservation on this score, she said India may have to
seek one as well.


12. (U) USG Participants:

Assistant Secretary for Arms Control Stephen Rademaker
Ambassador David C. Mulford
DCM Robert O. Blake, Jr.
Director, Office of Strategic Transition Robert Gromoll
A/Political Counselor Matt Boyse, Notetaker

Indian Participants:

Foreign Secretary Shyam Saran
Additional Secretary Meera Shankar
Under Secretary (DISA) Nutan Kapoor


13. (U) A/S Rademaker departed post before clearing this
message, and it is being sent before U/S Burns' June 21
departure for India where he will meet with FS Saran.
MULFORD