GOI'S RESPONSE ON SECTION 810 ASSURANCES

UNCLAS NEW DELHI 000095

SENSITIVE
SIPDIS

C O R R E C T E D COPY CAPTION
ISN FOR RICHARD STRATFORD, L FOR JULIE HERR, DOE FOR RICH
GOOREVICH

E.O. 12958: N/A
TAGS: KNNP ENRG PREL PARM IN
SUBJECT: GOI'S RESPONSE ON SECTION 810 ASSURANCES


1. (SBU) The Ministry of External Affairs conveyed the
following cover letter and diplomatic note on January 20,
2010 regarding ongoing concerns related to Section 810
assurances.

Begin text of cover letter:

The Ministry of External Affairs presents its complements to
the Embassy of the United States of America in New Delhi and
with reference to the communication of 4 December 2009 from
H.E. Ambassador Timothy J. Roemer, to the National Security
Adviser, has the honour to forward the Government of India,s
reply regarding assurances pursuant to the "Agreement for
Cooperation between the Government of India and the
Government of the United States of America Concerning
Peaceful Uses of Nuclear Energy."

Complimentary Close.

End Text of cover letter.

Begin Text of Diplomatic Note:

"Agreement for Cooperation between the Government of India
and the Government of the United States of America Concerning
the Peaceful Uses of Nuclear Energy", - Assurances by the
Government of India to the Government of the United States of
America on Nuclear Technology Transfers


1. With reference to US Ambassador's letter dated 4th
December 2009 addressed to the National Security Adviser
regarding the Government of India's assurances pursuant to
the "Agreement for Cooperation between the Government of
India and the Government of the United States of America
Concerning Peaceful Uses of Nuclear Energy", the attention of
the US Government is drawn to the following:


2. The names of the US and Indian companies to be covered by
the assurances: In the Note Verbale dated 19th November 2009,
the Government of India has provided assurances with respect
to the Nuclear Power Corporation of India Limited NPCIL).
NPCIL had sought from the Government of India, concurrence
for moving ahead with its dialogue with both GE-Hitachi
Nuclear Energy (GEH) and Westinghouse Electric Company LLC on
the basis of the Agreement for Cooperation between the
Government of India and the Government of the United States
of America Concerning Peaceful Uses of Nuclear Energy,.
These assurances have been provided with regard to transfers
of information and technology by GEH and Westinghouse to
NPCIL.

3. The relationship of these assurances to the India-US Civil
Nuclear Cooperation Agreement: Cooperation between India and
the US is pursuant to the "Agreement for Cooperation between
the Government of India and the Government of United States
of America Concerning the Peaceful Uses of Nuclear Energy"
hereinafter referred to as the Bilateral Agreement. Article
2.3 of the Bilateral Agreement details the procedure for
transfer of items including information Steps outlined in
paragraph 3 of the assurances conveyed through the Note
Verbale of 19th November 2009 are required to be completed
before the assurances given in paragraph 4 become effective.

4. The Bilateral Agreement provides the basis for transfer of
information and technology and such transfer has to take
place as per the provisions of the Bilateral Agreement.

5. The two US companies mentioned above would be expected to
transfer information and technology to NPCIL as part of their
arrangements for cooperation. These US companies will not be
directly transferring any information and details of
technology to Atomic Energy Regulatory Board (AERB) or the
Department of Atomic Energy (DAE) or other governmental
agencies However, NPCIL, in accordance with prevailing laws
and regulations in India, may be required to communicate
information and details of technology to Government of India,
with respect to its cooperation activities with the US
companies on the basis of the Bilateral Agreement, and this
information and technology is subject to appropriate and
adequate protection by the receiving government authorities.
End Text of Diplomatic Note.
ROEMER