New Delhi: The termination clause in the main agreement for the Indo-Japan civil nuclear agreement — signed in the presence of Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe in Tokyo on Friday — is binding on India but not a separate note in which the Japanese have recorded their views on possible reasons for termination considering its “special sensitivities”, official sources said on Sunday.
According to news agency reports, the note is on ‘Views and Understanding’ wherein the Japanese side has cited India’s September 2008 declaration of unilateral moratorium on atomic tests and said if this commitment is violated, the deal will be terminated.
Indian government sources said the note also records India’s position on the same issue which is a reiteration of the September 2008 commitments which were made at the time of the NSG waiver in 2008. No change is envisaged from those commitments and no additional commitments have been made by India, Government sources further said.
With Indian Government sources in New Delhi making it clear that only the main agreement was binding on India and not the separate note, there could be some differences in perception between the Indian and Japanese sides.
However, both countries are keen that the deal be successful, with no possibility whatsoever of India conducting any nuclear test now or the near future.
Government sources said, “The Nuclear Cooperation Agreement (NCA) with Japan follows the same template (as the ones India has signed with other countries) but compresses the developments which have taken place since 2007. It reflects commitments which were made at the time of the NSG waiver in 2008, many of which were unilateral in nature. The termination clause is there in other NCAs we have signed, including with the US (Article 14). However the circumstances triggering a possible termination are never sharply defined. Consideration also has to be given to mitigating factors.” Government sources added, “Given Japan’s special sensitivities as the only nation to have suffered a nuclear attack, it was felt that their views should be recorded in a separate note. The note is a record by the negotiators of respective views on certain issues. It states, on the one hand, what could be Japan’s views in advance on what is a hypothetical situation; that is their national prerogative.” Japan has made a exception by signing the nuclear pact despite India not having signed the Nuclear Non-Proliferation Treaty.
What is the Note about?
- The note is on ‘Views and Understanding’ wherein Japan has cited India’s September 2008 declaration of unilateral moratorium on atomic tests.
- Indian government sources said the note also records India’s position on the same issue which is a reiteration of the September 2008 commitments which were made at the time of the NSG waiver in 2008.
- But both countries are keen the deal be successful, with no possibility of India conducting any nuclear tests now.
- Japan has made a major exception by signing the atomic cooperation agreement despite India not having signed the Nuclear Non-Proliferation Treaty.
