UNCLAS UNVIE VIENNA 000235

SIPDIS

STATE FOR P, T, SCA, ISN, AND IO
DOE FOR NA-24 - WHITNEY AND GOOREVICH
NRC FOR IOP - DOANE AND SCHWARTZMAN

E.O. 12958: N/A
TAGS: KNNP ENRG TRGY IN
SUBJECT: INDIA SAFEGUARDS: TWO MORE STEPS

REF: A. INFCIRC/731 - INDIA'S SEPARATION PLAN

B. GOV/2008/30 - INDIA SAFEGUARDS AGREEMENT


1. Summary. India has brought into force its safeguards
agreement, approved by the IAEA Board of Governors in August

2008. Before safeguards can be applied, India needs to
declare its civil facilities to the IAEA. After that,
implementation of other safeguards agreements covering those
facilities could be suspended. India also signed its
Additional Protocol, approved by the Board in March 2009.
The AP will not enter into force until the Secretariat
receives notification from India that any domestic
ratification process has been completed, although the Indian
Charge told DCM that GOI ratification processes were now
complete.


2. Entry Into Force of Safeguards Agreement. On May 18, IAEA
Director of External Affairs Vilmos Czerveny confirmed that
India had brought its safeguards agreement into force and
signed its Additional Protocol. On May 11, India informed
the IAEA by letter that it had completed the necessary steps
under its domestic laws to bring its safeguards agreement
into force. However, India has given no indication, either
to the IAEA or to Mission, of when it would provide the
declaration of civil facilities required under Article 13 of
its safeguards agreement (REF A). Although India has
publicly committed to place its civil facilities under IAEA
safeguards (REF B), the safeguards agreement remains an empty
vessel until India makes the required declaration and the
notifications of individual facilities to be safeguarded as
set forth for in Article 14(a) of its safeguards agreement.
On May 20, DCM spoke with Indian Charge, who confirmed that
India was working on the facility declaration and was
optimistic that it would move quickly once the new government
was seated in New Delhi, particularly given the lift the
election has given to the Congress-led UPA coalition.


3. Suspension of Other Agreements. India's safeguards
agreement also provides for suspending implementation of
safeguards under other agreements, once India places the
relevant facilities under the new agreement. Such suspension
must be agreed by the parties. Most of India's safeguards
agreements are bilateral agreements between India and the
IAEA that cover supply arrangements with France, China,
Russia and the United States. India and the IAEA may agree
to suspend implementation of safeguards under these
agreements once India notifies the Agency of the facilities
in question. In addition, there is a trilateral agreement
with Canada covering the Rajasthan Atomic Power Station
(RAPS), Units 1 and 2. Suspending safeguards under this
agreement would require agreement by Canada. Since those
facilities and materials are already under safeguards,
suspension is an administrative convenience and not a legal
requirement. On May 29 MsnOff spoke with IAEA Principal
Legal Officer for safeguards Laura Rockwood, who said there
has been no consideration yet of any of these suspensions.


4. Signature of Additional Protocol. On May 15, the day
before India's election results were announced, Indian
Ambassador Saurabh Kumar and IAEA Director General Mohamed
ElBaradei signed the Additional Protocol to India's
safeguards agreement. The Additional Protocol will enter
into force once India formally notifies the IAEA that it has
completed the necessary steps under its domestic laws to
bring it into force.
SCHULTE