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Identifier
Created
Classification
Origin
08NEWDELHI1921
2008-07-10 13:43:00
CONFIDENTIAL
Embassy New Delhi
Cable title:  

PAKISTANI HIGH COMMISSIONER DISCUSSION UNDERSCORES

Tags:   PREL  PARM  TSPL  KNNP  ETTC  ENRG  TRGY  PK  IN 
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O 101343Z JUL 08
FM AMEMBASSY NEW DELHI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2598
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUCNNSG/NUCLEAR SUPPLIERS GROUP COLLECTIVE
RUEAIIA/CIA WASHDC
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
RUEKJCS/JOINT STAFF WASHDC
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RUEHUNV/USMISSION UNVIE VIENNA 1553
RUCNDT/USMISSION USUN NEW YORK 6637
						C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 001921 

SIPDIS

E.O. 12958: DECL: 07/10/2018
TAGS: PREL PARM TSPL KNNP ETTC ENRG TRGY PK IN
SUBJECT: PAKISTANI HIGH COMMISSIONER DISCUSSION UNDERSCORES
NEED FOR LOBBYING BEFORE IAEA BOG MEETING

REF: UNVIE 378

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



1. (C) SUMMARY: During the Ambassador's call on him to
explain next steps needed to bring the U.S.-India Civil
Nuclear Agreement to fruition, Pakistani High Commissioner
Shadid Malik focused on the need for the Nuclear Suppliers
Group to follow a "criteria-based approach,"specifying, "We
can only join the consensus if we feel Pakistan is not being
discriminated against." The High Commissioner's reluctance
to indicate his government's support for quick action in the
IAEA highlights the need for high level discussions to
encourage Pakistan not to stand in the way of timely
progress. (Discussion on the India/Pakistan bilateral
relationship is reported septel.) End Summary.



2. (C) The Ambassador called on Pakistani High Commissioner
Shadid Malik on July 10 to explain U.S. views on the status
of the U.S. -India Civil Nuclear Agreement and to encourage
Pakistan to support an international consensus to move
forward. He laid out a rough timeline for steps that need to
be taken quickly if the Agreement is to reach the U.S.
Congress in time for the current Congress to take action, and
stressed that an international consensus that would not put
further caveats on the Agreement is needed. The Ambassador
and PolCouns explained the seven steps India will be required
to take before the submission can be made, including
negotiating an Additional Protocol with the IAEA, and
harmonization and adherence with export control standards of
the NSG and Missile Technology Control Regime (MTCR). He
pointed out that IAEA and Nuclear Suppliers Group (NSG)
members had had 16 to 18 months to consider the technical
aspects of the Agreement, and stressed that what is needed
now are political decisions on the part of capitals to move
forward.



3. (C) HC Malik responded that the IAEA Board will need time
to review the agreement. He stressed that Pakistan would
like the NSG to take a "non-discriminatory, criteria-based"
approach, rather than a country specific approach. For
example, he said, Pakistan has an urgent energy need, as well
as India. Referring to non-proliferation arguments, he
claimed that Pakistan now has serious safeguards in place.
He also pointed out that Pakistan has achieved democracy in
the last two to three months. If Pakistan is being refused
cooperation because of the legacy of previous events (an
oblique reference to A.Q. Khan), he said, it is worth noting
that Section 104 of the Hyde Act specifically notes that
cooperation with India will not be curtailed in the event of
an individual Indian citizen being involved in illicit trade
in nuclear material, if there is no evidence of Indian
government involvement. (Note: Section 104(d)(3)(B)(i)
states that the President can determine that cooperation
could continue in such a case.) The High Commissioner
emphasized, "We've been consistent on this policy (arguing
for a criteria-based approach), and we think we have a strong
case."



4. (C) The Ambassador replied that the criteria-based
approach had been considered early in discussions on the
proposed Civil Nuclear Agreement, but Congress had decided to
follow a single-name exception process because it believed it
would be impossible to complete verifications on a
multi-country basis. When efforts on the Agreement began in
2005, the situation in Pakistan related to proliferation was
viewed critically, and the past is controversial. A
criteria-based approach is not possible at this time under
U.S. law.



5. (C) In response to the Ambassador's question as to whether
Pakistan would join a consensus of the IAEA Board of
Governors if it cannot reach its objectives with the NSG, the
High Commissioner replied, "We can only join the consensus if
we feel Pakistan is not being discriminated against."



6. (C) The High Commissioner also queried why the Indian
government wasn't moving faster on the India-Pakistan-Iran
pipeline if its goal in pursuing the 123 Agreement was energy
security. The Ambassador pointed out that the United States
does not support the pipeline concept because of Iran's
involvement, and repeated Congressman Ackerman's warning that
India runs the risk of stoking acrimony in Congress if it

NEW DELHI 00001921 002 OF 002


proceeds with the project.



7. (C) Comment and Action Request: Even though the
discussion was cordial, HC Malik's response to the Ambassador
indicates that Pakistan may very likely slow progress in the
IAEA if it does not receive strong encouragement from the
United States to support a consensus for quick action. In
the wake of allegations of Pakistani involvement in the
bombing of the Indian Embassy in Kabul, and Pakistan's
professed enthusiasm about proceeding with confidence
building measures with India (septel), we hope that Pakistan
will not wish to be seen publicly as stopping progress.
Nonetheless, given the number of multilateral hurdles the
U.S. and India need to jump to move the Agreement through the
IAEA and NSG in a timely manner, we believe it is crucial
that we stress the importance the U.S. attaches to the
Agreement's success at all levels of the Pakistani government



MULFORD