U.S.-India Agreement for Cooperation regarding Peaceful Uses of Nuclear Energy October 2, 2008 Secretary Rice: “Prime Minister Singh and President Bush`s vision to have this agreement cement and be one of the cornerstones of our relationship, but I just take a moment to say that is not the only element of this relationship. As much as the civil nuclear agreement is a breakthrough, it is a friendship based on values, a friendship based on ties, intermediate relations, including the 80,000 Indian students studying in the United States. I know that the U.S.-India Business Council here represents the different economic interests we have with India. It`s a cultural relationship. It`s a relationship that`s very, very deep. As important as this agreement is, it is part of a much broader framework for our enduring friendship. Full text Of course, this legal distinction is less marked at the international level, with the executive agreements of Congress and the Articles II treaties being considered equivalent. It is important to note, however, that the conclusion of a 123 agreement does not require the United States to export nuclear technologies; it only allows these exports. Changes to this section are likely to make it more difficult for future administrations to become independent when such agreements are concluded. And while negotiations with Saudi Arabia are likely to stall for now, the United States is likely to face the Kingdom`s continued interest in nuclear technology research, as well as other major powers, such as China, in order to preserve and advance U.S. non-proliferation goals in the coming years. Given these developments, this position provides a short basis for these regimes and their role in the non-proliferation regime. The Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006, also known as the Hyde Act, is the U.S.
Act that amends the requirements of Section 123 of the U.S. Atomic Energy Act to allow nuclear cooperation with India, including negotiating a 123 agreement to make the 2005 Joint Declaration.   As a national law of the United States, the Hyde Act binds the United States. The Hyde Act cannot be binding on India`s sovereign decisions, although it can be interpreted as a pre-script for future American reactions. Under the Vienna Convention, an international agreement such as Convention 123 cannot be replaced by an internal law such as the Hyde Act.    The IAEA Board of Governors approved the safeguards agreement on 1 August 2008, and the 45-state nuclear supplier group subsequently had to approve a policy authorizing nuclear cooperation with India. President Bush will then be able to make the necessary certifications and obtain final approval from the U.S. Congress.  At the IAEA meeting, objections were raised by Pakistan, Iran, Ireland, Norway, Switzerland and Austria.  Indian Prime Minister Manmohan Singh visited Washington D.C.