6. Further, in case of disruption despite these measures, the US will assist India to obtain nuclear fuel from friendly countries (Article 5.6 b). Apparently India insisted on this provision because of its bad experience with the disruption of supplies for the Tarapore reactor when the US imposed sanctions on India in accordance with its domestic laws after India conducted its nuclear tests at Pokhran in May 1998. This concession goes well beyond the Hyde Act that had stipulated that the supply of fuel should be consistent with the requirement.
7. Even on the issue of the right to terminate the agreement, the 123 accord with India stands out as an agreement between co-equals while the 123 with China smacks of US dominance. Though consultations are mentioned, in the case of China the agreement states that if either party violates its terms, the other party shall have the right to cease further cooperation (Article 7.1). Such termination could be immediate. In the case of the 123 with India, besides mandatory consultations about violations, termination requires one year's written notice and the reasons for seeking such termination are to be spelt out (Article 14.1). Also, either party will consider whether expedient factors, particularly national security concerns, led to violation of the terms of the agreement (Article 14.2).
Source: An article written by a Senion Fellow in Centre for Air Power Studies (CAPS), Delhi
