India on Monday made it clear that its rights and obligations regarding civil nuclear cooperation came only from the bilateral 123 Agreement and not from the controversial Hyde Act.
"The Hyde Act is an enabling provision that is between the executive and the legislative organs of the US government," External Affairs Minister Pranab Mukherjee said in a suo motu statement on foreign policy-related developments in the Lok Sabha.
"India's rights and obligations regarding civil nuclear cooperation with the US arise only from the bilateral 123 Agreement that we have agreed upon with the US," he said.
The minister referred to some statements by US officials regarding the applicability of the Hyde Act to the nuclear deal but did not elaborate.
US Secretary of State Condoleezza Rice had said last month that the Bush Administration will 'support nothing with India in the Nuclear Suppliers' Group that is in contradiction to the Hyde Act'.
New Delhi has held that the Hyde Act contains prescriptive clauses that includes cessation of all civilian nuclear cooperation in case India tests a nuclear weapon and also restricts reprocessing of spent fuel.
Rice had emphasised that changes in the NSG guidelines, required by India to open up international nuclear commerce, will have to be 'completely consistent with the obligations of the Hyde Act'.
To drive home the point, the US Secretary of State had said: 'we will have to be consistent with the Hyde Act or I don't believe we can count on the Congress to make the next step.'
Mukherjee said, India was currently engaged in negotiations with the International Atomic Energy Agency to arrive at an agreed text of an India-specific Safeguards Agreement.
The conclusion of such an agreement would enable the 45-member NSG to amend its guidelines for civil nuclear commerce in favour of India, he said.
"This will open the door to civil nuclear cooperation with various countries, including Russia, USA, France, UK etc with many of whom the necessary enabling bilateral agreements for such trade have been discussed and are in various stages of finalization," Mukherjee said.
This development would signify, finally, an end to unfair technology denial regimes and sanctions that India has been faced with for over three decades.
"We will continue to seek broad political consensus within the country to take forward our engagement on this issue with other countries," he said.