6 Sep 2008
Text of Revised NSG Proposal on India
1. At the [blank] Plenary meeting on [blank] the Participating Governments of the Nuclear Suppliers Group decided that they:

a. Desire to contribute to an effectiveness and integrity of the global non-proliferation regime, and to the widest possible implementation of the provisions and objectives of the Treaty on the Non-Proliferation of Nuclear Weapons;
b. Seek to avert the further spread of nuclear weapons;
c. Wish to pursue mechanisms to affect positively the nonproliferation commitments and actions of all states outside the nuclear nonproliferation regimes; and
d. Seek to promote fundamental principles of safeguards and export controls for nuclear transfers for peaceful purposes.

2. Participating Governments have taken note of steps that India has voluntarily taken with respect to the following nonproliferation commitments and actions:

a. Deciding to separate its civilian nuclear facilities in a phased manner and to file a declaration regarding its civilian nuclear facilities with the IAEA, in accordance with its Separation Plan (circulated INFCIRC/731);
b. Conducting negotiations with the IAEA and obtaining approval by the Board of Governors on 1 August 2008 for an "Agreement between the Government of India and the IAEA for the Application of Safeguards to Civilian Nuclear Facilities," in accordance with IAEA standards, principles, and practices (including Board of Governors document GOV/1621);
c. Committing to sign and adhere to an Additional Protocol with respect to India's civil nuclear facilities;
d. Refraining from transfer of enrichment and reprocessing technologies to states that do not have them and supporting international efforts to limit their spread;
e. Instituting a national export control system capable of effectively controlling transfers of multilaterally controlled nuclear and nuclear-related material, equipment and technology;
f. Harmonizing its export control lists and guidelines with those of the Nuclear Suppliers Group and committing to adhere to Nuclear Suppliers Group Guidelines; and
g. Continuing its unilateral moratorium on nuclear testing, and its readiness to work with others towards the conclusion of a multilateral Fissile Material Cutoff Treaty.

3. Based on the commitments and actions mentioned above, Participating Governments have adopted the following policy on civil nuclear cooperation by Participating Governments with the IAEA-safeguarded Indian civil nuclear program:

a. Notwithstanding paragraphs 4(a), 4(b) and 4(c) of INFCIRC/254/Rev.9/Part 1, Participating Governments may transfer trigger list items and/or related technology to India for peaceful purposes and for use in IAEA safeguarded civil nuclear facilities, provided that the transfer satisfies INFCIRC/254/Part 1, as revised.
b. Notwithstanding paragraph 4(a) and 4(b) of INFCIRC/254/Rev.7/Part 2, Participating Governments may transfer nuclear-related dual-use equipment, materials, software, and related technology to India for peaceful purposes and for use in civil nuclear facilities under IAEA safeguards, provided that the transfer satisfies all other provisions of INFCIRC/254/Part 2, as revised.
c. At each Plenary, Participating Governments shall notify each other of approved transfers to India of Annex A and B items listed in INFCIRC/254/Part 1, as revised. Participating Governments are also invited to exchange information, including about their own bilateral agreements with India.
d. Participating Governments will maintain contact and consult through regular channels, including the Consultative Group and Plenary, on matters connected with the implementation of this Statement taking into account relevant international commitments or bilateral agreements with India. With a view to intensification of dialogue and partnership with India, the Chairman is requested to confer and consult with India to keep the Plentary informed of these consultations.
e. In the event that one or more Participating Governments consider that circumstances have arisen which require consultations, Participating Governments will act in accordance with paragraph 16 of the Guidelines.

4. In order to facilitate India's adherence to INFCIRC/254 Parts 1 and 2 and to remain current in its implementation of the Guidelines, the NSG Chair is requested to review proposed amendments to the Guidelines with India and inform the Plenary of the outcome of the dialogue with India. Participation of India in the decisions regarding proposed amendments will facilitate their effective implementation by India.

5. The NSG Point of Contact is requested to submit this statement to the IAEA Director General with a request that it be circulated to all Member States.
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