[One should not be misled by the caption of the news report reproduced
below or the customary diplomatese.
And, it does not really call for any Herculean effort to get to the real
essence of the current status:
*While the two nations’ leaders in February announced a “breakthrough
understanding” to resolve a long-standing impasse stemming from India’s
nuclear liability law, forward movement has however ground to a standstill
since then* [emphasis added] and last month a State Department spokesperson
told *The Hindu* that there was “nothing new to announce on the civil
nuclear deal at this time.” In February, a top State Department official,
Assistant Secretary for South and Central Asian Affairs Nisha Biswal, said,
“Now it will be up to the companies to assess for themselves the business
case scenarios and make their own decisions based on the commercial aspects
– how to move forward.”
*Primary obstacle*
However one industry source, who spoke on condition of anonymity, noted
that there was “nothing happening” since February 8, 2015, when Ministry of
External Affairs provided an FAQ-style “clarification” regarding Section 17
(b) and Section 46 of India’s liability law, which are seen as the primary
obstacle to continued momentum in this space.
It hardly needs any further explication or elaboration.

One may like to compare this with the analysis offered by this commentator,
soon after last February 8: 'The "Breakthrough" (or "Breakthrough
Understanding"?) on Nuclear Agreement between Modi and Obama: A Reality
Check' at <http://www.sacw.net/article10629.html>.

Here is a short excerpt:

*Conclusion*

*So, in sum, while the Sec. 17(b) of the CLNDA is all set to be completely
subverted through the provision of free full insurance coverage to the
turnkey suppliers out of exclusively Indian taxpayers’ money, though the
backup move to read down this provision of the Act does not appear to
amount much; the issues as regards the Sec. 46 appear to remain pretty much
unresolved.*
And, the proof of the pudding will surely be in the eating.]

http://www.thehindu.com/news/national/indiaus-civil-nuclear-pact-a-done-deal-says-indian-ambassador-arun-singh/article7326980.ece?homepage=true
India-U.S. civil nuclear pact a done deal, says Indian Ambassador

   - NARAYAN LAKSHMAN


All the policy-level issues have been resolved, says Arun Singh.

It may now be left to the U.S. corporations to take a decision on
investment.

Policymakers have done all they can to facilitate the implementation of the
India-U.S. civil nuclear deal and it may now be left to the U.S. nuclear
corporations to take a decision on whether to invest in nuclear reactors in
India, was the message that Indian ambassador to the U.S. Arun Singh seemed
to convey at an event in New York this week.

Addressing a gathering organised by the Asia Society Policy Institute,
including its president, former two-time Australian Prime Minister Kevin
Rudd, Mr. Singh underscored the bilateral progress made during two meetings
between Indian Prime Minister Manmohan Singh and U.S. President Barack
Obama, respectively in the U.S. and India. He said, “In two summits with
the U.S. in four months, the government addressed lingering differences
with the U.S. on nuclear liability, injected new energy into defence and
economic cooperation, and explored pragmatic ways forward on IPR issues and
climate change.”

Specifically on the civil nuclear deal, Mr. Singh added, “all the
policy-level pending issues… have been resolved,” and this included “a
common understanding about the compatibility of India’s nuclear liability
legislation with the international regime and conclusion of the
administrative arrangements.”

***While the two nations’ leaders in February announced a “breakthrough
understanding” to resolve a long-standing impasse stemming from India’s
nuclear liability law, forward movement has however ground to a standstill
since then and last month a State Department spokesperson told *The Hindu* that
there was “nothing new to announce on the civil nuclear deal at this time.”
In February, a top State Department official, Assistant Secretary for South
and Central Asian Affairs Nisha Biswal, said, “Now it will be up to the
companies to assess for themselves the business case scenarios and make
their own decisions based on the commercial aspects – how to move
forward.”*** [Emphasis added.]
*Primary obstacle*

However one industry source, who spoke on condition of anonymity, noted
that there was “nothing happening” since February 8, 2015, when Ministry of
External Affairs provided an FAQ-style “clarification” regarding Section 17
(b) and Section 46 of India’s liability law, which are seen as the primary
obstacle to continued momentum in this space.
-- 
Peace Is Doable

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