177. Memorandum From Gerald Oplinger and Thomas Thornton of the National Security Council Staff to the President’s Assistant for National Security Affairs (Brzezinski) and the President’s Deputy Assistant for National Security Affairs (Aaron)1

SUBJECT

  • Indian Response on PNE Assurances (U)

The attached telegram2 reports the Indian response to State’s last-ditch efforts to obtain a limited no-PNE assurance. India has rejected either a general assurance with a “paramount national interest” loophole, or a commitment limited to US-supplied material. (S)

Thus India has clearly reconfirmed the position that it is free to conduct future nuclear tests, whether we continue supply or not, and that even if US supply should continue, it is free to conduct future nuclear tests with non-US material. (S)

In our view this response disposes of the option of approving the pending licenses, since we would have no assurance that the material would not be used in an Indian PNE unless US supply continues thereafter for the life of the agreement. We can continue that supply only by changing the NNPA to remove its requirement for full-scope safeguard. (S)

The choice is now quite stark: either we change our policy and our law to accommodate the Indian position, or we terminate cooperation.3 (S)

  1. Source: Carter Library, National Security Affairs, Staff Material, Global Issues, Oplinger/Bloomfield Subject File, Box 45, Proliferation: India: 4/80. Secret. Outside the System. Sent for information. A stamped notation indicates that Brzezinski saw the memorandum.
  2. Telegram 7114 from New Delhi, April 9, is attached but not printed.
  3. Brzezinski underlined the word “terminate.”