US embassy cable - 05NEWDELHI3652

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 003652 
 
SIPDIS 
 
PASS TO NRC 
 
E.O. 12958: DECL: 05/14/2015 
TAGS: PREL, ETTC, MNUC, KNNP, IN, GOI, Export Control Initiatives 
SUBJECT: INDIAN PARLIAMENT PASSES LANDMARK WMD/EXPORT 
CONTROL LAW 
 
REF: A. NEW DELHI 3603 
     B. NEW DELHI 3392 
     C. NEW DELHI 3270 
 
Classified By: PolCouns Geoffrey Pyatt, for Reasons 1.4 (B, D) 
 
1.  (C) Summary:  The Indian Parliament passed the landmark 
"WMD and their Delivery Systems Bill" (Ref A) in record time, 
with only a few hours to spare before the session adjourned 
on May 13.  FM Natwar Singh framed the bill as "overarching 
and integrated legislation" for India's existing 
non-proliferation framework and key to facilitating 
international cooperation on other priorities such as India's 
energy needs.  MPs expressed hope that this law would enhance 
India's bid for a UN Security Council seat, but no one has 
focused on implementation, which suggests that more effort 
will be needed to educate stakeholders about its 
ramifications.  End Summary. 
 
2.  (U) The Rajya Sabha (Upper House) passed the "WMD and 
their Delivery Systems Bill" on May 13, almost record time in 
the Indian legislative context.  With Opposition boycotting 
Parliament, debate in the Lok Sabha (Lower House) was 
unanimously supportive, and there was little discussion in 
the Rajya Sabha before the final vote, less than three hours 
before the session adjourned.  The legislation will now go to 
the President for signature, which typically happens within a 
week of passage in Parliament.  If the bill were 
controversial, the President may elect to hold or veto it, 
but that is unlikely in this case.  The legislation is 
effective upon signature of the President. 
 
3.  (U) In addition to broad political support for its 
objectives (Refs B and C), the GOI's adroit framing of the 
draft law was a factor in the unusual speed with which it 
sailed through the Cabinet and Parliament.  In remarks 
introducing the bill in the Lok Sabha, FM Natwar Singh framed 
the proposed bill as "overarching and integrated legislation" 
for a variety of long-established and widely accepted 
policies such as the Chemical and Biological Weapons 
Conventions, as well as more recent obligations like UNSCR 
1540.  He also alluded to how the bill might facilitate other 
high-priority GOI goals such as development of its civil 
nuclear energy program:  "The rationale (for the WMD bill) is 
based on the same policy tenets that have guided the country 
over the past several decades, which are reflective of the 
nation's commitment to safeguard India's national security, 
to deepen its autonomous scientific and technical capability 
for meeting our security imperatives and development goals, 
and to the objective of global peace and security." 
 
Little Debate 
------------- 
 
4.  (U) In the Lok Sabha, seven MPs spoke on the bill, 
elaborating on the FM's remarks.  Noting a proposed visit by 
the PM to the US, possible assistance from Russia for 
additional nuclear reactors, and India's campaign for 
Security Council membership, MP Rupchand Pal (CPI-M - West 
Bengal) underscored the urgency of the bill, but also 
complained that MPs were not given enough time to understand 
all its provisions.  Lauding the bill as a means to preserve 
India's strategic, scientific, and economic autonomy, he 
cautioned that it not be misused domestically, citing 
politically-motivated zealousness in carrying out the 
Prevention of Terrorism Act. 
 
Business as Usual??? 
-------------------- 
 
5.  (SBU) Interestingly, none of the MPs commented on what, 
if any, changes might have to be made to India's current 
export control program and trade policy in order to comply 
with the new law. According to MP Pawan Bansal 
(Congress-Chandigharh), it would be "business as usual" for 
India's strategic programs, "This bill takes care to see that 
there is no tinkering with our nuclear policy, and there is 
no constraint whatsoever on our nuclear programs -- civilian 
or strategic."  Focusing on the relatively lengthy provisions 
detailing punishments for violation of the law, Col (Rtd) 
Dhani Ram Shandil (Congress - Shimla), stated, "The most 
important facet of this legislation is that it is against 
terrorist groups."  There was no discussion of the resources 
necessary to implement and enforce this bill. 
 
Comment 
------- 
 
6.  (C) The GOI, and the MEA in particular, demonstrated 
impressive legislative legwork to ensure passage of this 
milestone bill in near-record time.  The fact that MPs made 
no association between it and US efforts to lobby for 
stronger export control legislation, a link that may have 
stirred ill-timed controversy among the Left parties 
(possibly resulting in delay), was certainly part of MEA's 
strategy to ensure quick passage.  Indeed, even the name of 
the bill, "Weapons of Mass Destruction and Their Delivery 
Systems (Prohibition of Unlawful Activities) Bill," seemed to 
have obscured the bill's practical objective to expand GOI 
control over export of sensitive items and technologies. 
 
7.  (C) The discussion in Parliament, however, suggests that 
it will take more time and effort to educate MPs, private 
industry, and more importantly, the relevant government 
agencies about the implications of this legislation such as 
the resources necessary to implement and enforce its 
provisions, and the possible consequences for the Indian 
trade control system and private industry. 
BLAKE