http://carnegieendowment.org/2016/07/08/india-s-quest-for-nsg-membership-pub-64070

India’s Quest for NSG Membership

Source: Getty
MARK HIBBS

Op-Ed
July 08, 2016
Nuclear Intelligence Weekly

Summary:  For India, challenges remain six years after a road map for
NSG membership initially emerged.
Related Topics

A road map for admitting India into the NSG began to emerge six years
ago. The United States announced it wanted India in, and thereafter
led the way in setting up an internal “structured dialogue” toward
that end. Washington anticipated that within a few years the matter
would be agreed to by consensus—as had been India’s “singular
exception” to the NSG guidelines in 2008.

Mark Hibbs

Senior Associate
Nuclear Policy Program


The US, close allies, and India collaborated toward the goal of
admitting India into several multilateral export control regimes, an
important objective for India after years frozen out of international
nuclear trade. The plan called for India first to join the Missile
Technology Control Regime (MTCR), then the NSG, and finally the
control arrangements for conventional and chemical weapons. India and
its advocates hoped that a positive NSG
decision would be made before the end of an annual group meeting held
late last month in Seoul.

It didn’t work out as planned. After five years, the NSG “structured
dialogue” hadn’t reached consensus conclusions because giving India
full membership was trickier than carving out for India an exception
to the NSG’s trade rules. Especially because the NSG right from its
inception aimed to inhibit its members from assisting India in making
nuclear weapons, the NSG’s members had to more deeply consider what
Indian membership implied for the group’s rules and procedures, as
well as for its identity.

NSG participants’ decisions over four decades to expand participation
from seven to 48 states reflected in all cases two important
aspirations that followed from the group’s export control and
nonproliferation missions. The first is the goal to get all supplier
states to adhere to the guidelines. The second is to reinforce good
nonproliferation behavior, including in new participants. These
rationales are consistent with five “factors” for membership that are
listed in INFCIRC/539, an NSG document that explains how the group
works. They are also consistent with the statement in INFCIRC/539 that
“the NSG remains open to admitting further supplier countries in order
to strengthen international nonproliferation efforts.”

In the case of India, the first of the two above-mentioned rationales
powerfully applies. India is a state with nuclear arms and an
important, ambitious, and indigenous civilian nuclear energy program.
India produces and processes nuclear materials, it makes virtually
every listed item needed for equipping nuclear reactors, and it is
beginning to enter the global market as a supplier of these goods.
Nearly all NSG members clearly see the value of including India in the
group in light of these facts.

The second rationale—encouraging and reinforcing good nonproliferation
behavior—is more problematic. Participants have questioned whether
India is “like-minded” concerning the NSG’s mission to apply nuclear
export controls in the interest of non-proliferation. There has been
no snap answer, in part because for decades India viewed multilateral
nuclear export controls as a neo-colonialist stick to beat developing
countries with.

Part of the problem is that unlike all current NSG members, India is
not a party to the Nuclear Non-Proliferation Treaty (NPT), and it has
not subjected its nuclear activities to any multilateral restraints.
One way out of this dilemma would be for India to meet specific
criteria or approach certain benchmarks as a condition for membership.
NPT membership is not a requirement for membership in the NSG, but
“adherence” is a “factor” in INFCIRC/539, and many participants would
favor India making binding legal commitments—including to NPT Articles
I and VI and to the Comprehensive Nuclear Test Ban Treaty—that would
bring India closer to
the global nonproliferation mainstream.

The NSG also needs to consider what admitting India would mean for the
NSG’s own guidelines and procedures. Working-level participants warn
that so far questions related to India’s possession of nuclear arms
have not been answered. These include whether India would continue to
be barred from access to enrichment and reprocessing technology
because it is not an NPT party.

Notwithstanding these issues, India this spring began pressing the
NSG’s members to quickly decide in its favor, especially as time began
running out on the Seoul meeting deadline. That approach may have been
counterproductive for India. Officials from China, which had urged
that a decision about India take the NPT into account, suggested that
China’s position last month hardened, providing other NSG members more
space to raise their working-level concerns.

After Seoul, Indian officials singled out Beijing for blocking India’s
NSG membership, raising the prospect that geopolitics will for the
first time significantly factor in an NSG membership decision. High
politics are not mentioned in INFCIRC/539 and many participants
believe they should be peripheral. Likewise, Indian claims that
without NSG membership India faces supply-chain interruptions for
nuclear projects, and cannot meet climate change commitments
(irrespective of whether these claims are true) are extraneous to the
NSG’s export control and nonproliferation missions.

How the NSG handles Indian membership now is up to South Korea, which
has inherited the rotating chairmanship until mid-2017, and the NSG’s
previous chairman, from Argentina. They will continue discussion,
including over possible criteria for membership and NSG procedures. If
enough progress is made, the chairman will call an extraordinary
plenary meeting to again consider India’s application. Getting answers
to the process questions is important because members need to know how
the group will function with India sitting at the table.

Two weeks ago UK voters, after a lengthy debate over the risks and
benefits, elected to leave the European Union. They were swayed by
politicians who expressed strong opinions and who brushed off the
challenges Britain would face to make Brexit happen. In the aftermath,
the UK appears directionless and paralyzed about how to go forward.
Reflecting on this, NSG participants should instead be well-prepared
for what happens should India join their ranks.

This piece originally appeared in Nuclear Intelligence Weekly.


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