Essentially, what the controversy has been over is whether if India conducts a test the Americans under their own laws would have the right to take back all the fuel that they give us.
Right of return
The deal interestingly says that the right of return that the Americans have does not automatically comes into effect. It is something the US administration chooses to do. They would have to stop cooperation with India.
But whether or not they take back fuel is something they would have to choose to do.
Even after the US chooses to do that, there are about seven to eight barriers before the right of return actually comers into play.
What the agreement says that that it will take into account the circumstances in which India conducts a nuclear test.
These include a ''changed security environment'' or action, which could impact national security. Essentially what it boils down to is that the right of return may not be invoked if Pakistan or China conduct nuclear tests and India responds to that by conducting a test of its own. In a way, this is the first international agreement, which would justify the circumstances in which a nuclear test is conducted.
So India is not giving up its right to test and right of return of nuclear fuel does not automatically comes into play. Apart from this there are certain assurances given by US President George W Bush to the Indian side. Those have been verbatim repeated in the text of the agreement.
