IndiaPost.com - 123 agreement will prevail over legislation: Mulford

NEW DELHI: The US has made it clear that bilateral 123 agreement providing for the civil nuclear cooperation with India was the law and would prevail as against the legislation adopted by the US Congress.

However, US Ambassador David C Mulford said Washington "cannot compel" American companies to offer technology or supply fuel or "compel" other governments to do things in a particular way.

"That language (in the 123 agreement) is intended to indicate that the 123 agreement is the law but not every single thing in it is binding because it can't be. It is not possible for the US to compel its companies to do things," he told reporters here.

He was responding to a question whether the commitments in 123 agreement are political or legal. He said the "commitments that remain are Presidential commitments." "It is a simple thing. It has been blown out of proportion," Mulford said.

He later told NDTV that the 123 agreement will prevail over the legislation passed by the US Congress. "Obviously, the 123 (agreement) is dominant. That will govern the relationship. That is the law," he said when referred to the concerns here over various aspects in the legislation passed by the US Congress.

Mulford pointed out that in the American processes, associated with the legislative process is legislative history wherein various parties make contributions like policy recommendations or observations or expressing their views and interpretations that they place in the legislation.

"The binding part of the arrangements are in the 123 agreement. That is where you look how civil nuclear relations will be normalized and governed between the US and India," the Ambassador said. He said the commitments under the 123 agreement, which may be signed during the visit of Secretary of State Condoleezza Rice here have been "preserved" in the Congressional process as no amendments have been made to its content.

The envoy said the commitments in the 123 agreement will be "faithfully honored". When referred to the riders sought to be attached to the nuclear deal, Mulford said "if you have any specific questions, you should refer to the 123 agreement." To a question about operationalisation of the deal, he said India will have to sign the Safeguards Agreement with the IAEA before it can happen.

On the reprocessing issue, Mulford said the 123 agreement has a provision granting upfront reprocessing right to India. It, however, involves certain procedures and time-table, he added, referring to the requirement of setting up a dedicated reprocessing facility by India within a year.

On the enrichment and reprocessing (ENR) technology, the Ambassador said the US laws prohibit such transfers to any country, not specifically to India. This law may be amended someday but right now the transfer is prohibited, Mulford said. "But India doesn't need it (enrichment and reprocessing (ENR) technology). It has its own expertise," he said.