India accused of using US trade gaps to buy N-boosters

WASHINGTON, FEB 18: A Little-Known but influential trade paper has set off alarm bells among the non-proliferation establishment in Washi...

WASHINGTON, FEB 18: A Little-Known but influential trade paper has set off alarm bells among the non-proliferation establishment in Washington by reporting that India is importing nuclear technology and materials from the United States by exploiting American export control laws.

Among the US exports to India which have continued even after the May 1998 nuclear tests include Tritium, which is used to boost the explosive power of nuclear weapons, the Journal of Commerce reported on Thursday. Typically, Tritium would have been used to crank up a nuclear weapon to a thermonuclear weapon in the May 1998 tests.

The Journal said the exports were facilitated by a welter of laws vested in different federal agencies which are inconsistently applied by the administration. For instance, the Commerce Department ban on export of sensitive technology to Indian military installations imposed under the so-called Entities List last November does not cover nuclear materials, which are separately controlled bythe Nuclear Regulatory Commission.

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As a result of such loopholes, at least four nuclear substances regulated by the NRC have recently been sold to India under general licence’ regulations which require no review. Trade experts and government sources were quoted as saying the patchwork of regulations has made it easier to sell India nuclear materials than the more ordinary products classified as dual-use.

“You can ship nuclear items, but you can’t ship toilet paper,” one export consultant told the paper.

But Indian officials strongly contested the report. “Forget Tritium, in the past few months we haven’t even been able to buy a screwdriver,” an official familiar with the US export toothcomb said.

Citing one example, the official said in recent days an Indian entity was not even allowed to import a simple filter because it was classed as a dual use item and the Indian establishment seeking it was under sanctions. “The item is available off-the-shelf for $ 3 in Radio Shack (a retail electronicsoutlet),” the official said.

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What makes part of the nuclear export story rather dubious is the United States has in recent years stopped manufacturing Tritium (though it has vast quantities in stock). And ironically, Indian scientists last year were reported to have mastered a cheap process of manufacturing the same Tritium which, in simple terms, can provide more bang for the buck’ in nuclear weapons.

The Journal said US customs officials in recent months repeatedly stopped’ nuclear materials destined for India, but they were subsequently ordered to release the shipments because they lacked jurisdiction. Under NRC rules, small quantities of nuclear substances still can be shipped to India and Pakistan without an export license of prior review.

The report suggested that India was exploiting the system by ordering small quantities of nuclear material. In at least one case where the NRC raised the red flag, a state department official confirmed that the commission had been overruled by a decision madeat the cabinet level in the Clinton administration.

Indian officials who are familiar with the US export control regime are nonplussed by the report and attribute it to Washington’s highly excitable non-proliferation crowd which makes a living by crying wolf about high-tech sales. Gary Milhollin, an oft-quoted expert from this pack was quoted as saying that selling even small quantities of Tritium to India would allow it to free its own supplies for its nuclear weapons production.