Great suggestions! I advise you, you put all your proposals in one place, both concerning Part 2 of the Waiver, as well as those regarding the freezing of the second draft, and prior permission from GoI before submission of any draft. Very impressive work, sraj.
I do think, US is aware, that No-Nuclear Testing and CTBT clauses will not fly in Delhi. IMO, US too would be thinking from a Business PoV and packaging that as a non-proliferation sop to the pipsqueaks. They are already thinking ahead regarding Congress approval of 123. Congress can hardly deny a valid business case for the sake of non-proliferation. If ENR had been allowed in the waiver, there could have been an uproar from many Congressmen, that Bush sold out on American business interests, which is a far more severe accusation than selling out on non-proliferation restrictions.
So I think, that this no-nuclear testing clamor was simply a ruse
. Indians are being made to believe that if GoI / US can ensure that no such clause is added, India would be more than happy. Also the inclusion of
2d. Refraining from transferring enrichment and reprocessing technology to states that do not already possess these.
was also included in the first draft so that if ENR is denied to India, GoI can also argue, that India is also not making any ENR commitments to the NSG.
It would be sensible for GoI, that in case India is being made to sacrifice on ENR, then that is a delay
rather than a denial
. GoI/US can agree on some date, after which ENR will automatically
be allowed to India, 2 years, 3 years, or on completion of the Separation Plan in 2014 or earliear. In the mean time US Congress too could change their Laws to permit ENR, especially in view of an upcoming expiry of ENR denial to India. There is also a provision in 123 Agreement, that ENR be allowed to India upon an Amendment to the Agreement.
It would not be desirable, if India again needs a new consensus of the whole NSG, before ENR is allowed. That will be extremely difficult to push through.