VZCZCXRO4052
OO RUEHAST RUEHBI RUEHCI RUEHDBU RUEHLH RUEHNEH RUEHPW
DE RUEHNE #2357/01 3241401
ZNR UUUUU ZZH
O 201401Z NOV 09
FM AMEMBASSY NEW DELHI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8672
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 8105
RUEHLO/AMEMBASSY LONDON 7017
RUEHMO/AMEMBASSY MOSCOW 3793
RUEHFR/AMEMBASSY PARIS 1999
RUEHKO/AMEMBASSY TOKYO 6591
RUEHUNV/USMISSION UNVIE VIENNA 1813
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
RUEHGV/USMISSION GENEVA 8652
RHEHAAA/WHITE HOUSE WASHDC
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 02 NEW DELHI 002357 
 
SENSITIVE 
SIPDIS 
 
ISN FOR RICHARD STRATFORD, L FOR JULIE HERR, DOE FOR RICH 
GOOREVICH 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PARM KNNP ENRG IN
SUBJECT: INDIA PROVIDES PART 810 ASSURANCES ON NUCLEAR 
TECHNOLOGY TRANSFERS 
 
REF: A. STATE 36818 
     ¶B. STATE 81498 
 
¶1. (SBU) The Ministry of External Affairs (MEA) conveyed by 
diplomatic note November 20 a document entitled "Assurances 
by the Government of India to the Government of the United 
States on Nuclear Technology Transfers" in reply to reftel 
demarches.  These "Part 810" assurances constituted a key 
requirement for civil nuclear cooperation implementation for 
which Ambassador Roemer had pressed prior to Prime Minister 
Singh's visit to Washington, and a top priority for U.S. 
firms.  The document appears to include the necessary 
assurances on civil use and non-retransfer, but does not list 
the companies that have sought Part 810 authorizations 
(GE-Hitachi Nuclear Energy, Westinghouse Electric Company 
LLC, and Transco Products Inc.) or the specific end users 
referenced in reftels.  Delivery of the Part 810 assurances 
came a day after the cabinet approved draft liability 
legislation to be introduced in Parliament's winter session, 
and suggests a last-ditch effort to clear civil nuclear 
legacy issues prior to the Prime Minister's November 24 White 
House meetings. 
 
¶2. (SBU) ACTION REQUEST:  Post requests guidance on (1) 
whether the assurances meet our legal standards, and (2) 
whether and how to seek the company-specific assurances for 
the end users specified in reftels pursuant to pending Part 
810 license applications. 
 
¶3. (SBU) Begin Text: 
 
"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 
Government of India to the Government of the United States on 
Nuclear Technology Transfers 
 
With reference to US Ambassador's letter of 5 October 2009 to 
Chairman, AEC and Secretary, DAE, Government of India, 
referring to the India-US Civil Nuclear Initiative and in 
this context forwarding the 'Follow-Up Request for Indian 
Government Assurances for Nuclear Technology Transfer', the 
attention of the Government of the United States of America 
is drawn to the following. 
 
¶1. Cooperation between India and the USA in the area of civil 
nuclear energy is to be implemented only in accordance with 
the provisions of the "Agreement for Cooperation between the 
Government of India and the Government of the United States 
of America Concerning the Peaceful Uses of Nuclear Energy", 
hereinafter referred to as the Bilateral Agreement. 
 
¶2. Transfers under the Bilateral Agreement are subject to 
terms and conditions as specified in the Agreement and 
Article 2.3 provides for additional terms and conditions for 
transfers as may be agreed by the Parties. We note that the 
US expects India in this regard to agree to provide peaceful 
use assurances before information is transferred by US 
companies to their Indian counterparts. 
 
¶3. It is mentioned that Article 2.3 provides for transfers of 
"nuclear material, nonnuclear material, equipment, components 
and information" between authorized persons and also states 
that transfers can be subject to the Bilateral Agreement only 
"upon confirmation, by the appropriate authority of the 
recipient Party to the appropriate authority of the supplier 
Party that such items will be both subject to the Agreement 
and have been received by the recipient Party." This implies 
that 
 
a. A person in India who intends to enter into a commercial 
relationship, collaboration, cooperation or contract 
(hereinafter referred to as an 'arrangement') shall seek an 
authorization (hereinafter referred to as 'authorization') 
for such an arrangement from Government of India. 
b. A person, who has been so authorized by Government of 
India, shall inform Government of India about his intent to 
 
NEW DELHI 00002357  002 OF 002 
 
 
receive items from persons in the United States of America 
and shall confirm to Government of India about the receipt of 
such items after their receipt. 
c. Government of India, through its appropriate authority, 
will confirm to the appropriate authority of the United 
States that items have been received and will be subject to 
the Bilateral Agreement. 
 
¶4. An item will thus be subject to the Bilateral Agreement 
only after all steps outlined in paragraph 3 have been 
completed and any information transferred will be subject to 
the assurances as follows. 
 
a. The transferred information or technology will be used 
only for peaceful nuclear activities under IAEA safeguards. 
b. The transferred information or technology will not be used 
for nuclear weapons or other nuclear explosive devices or for 
any military purpose. 
c. The transferred information or technology will not be 
retransferred to any country other than the United States or 
to any other facility or end user within India without the 
prior consent of the U.S. Government. 
 
¶5. Nuclear material, non-nuclear material, equipment, 
components, information or technology produced, acquired or 
developed by authorized persons independent of any nuclear 
material, non-nuclear material, equipment, components, 
information or technology transferred to them pursuant to 
this Agreement including assurances given with respect to 
transferred information or technology will not be subject to 
assurances set forth in paragraph 4 above or any of the terms 
and conditions of the Bilateral Agreement. 
 
¶6. Government of India is pleased to convey assurances 
mentioned in paragraph 4 above to the Government of the 
United States with respect to the Nuclear Power Corporation 
of India Limited (NPCIL). 
 
¶7. Other potential Indian recipients may approach Government 
of India to seek authorization for receiving information or 
technology from the United States as per the procedure for 
such authorization. In processing the requests for 
authorization, Government of India may seek additional 
information as considered necessary in order to ensure that 
the transfers would be in accordance with the Bilateral 
Agreement. 
 
End Text. 
 
WHITE