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India: Nuclear Exports and Scientific Contacts: UK Government Review, August 2005

The UK Government has reviewed its policy towards nuclear-related exports to, and scientific contacts with, India. 

The details of the new policy position are as follows and will take effect from 10 August 2005:

"In line with our Nuclear Suppliers Group (NSG) commitments we will continue to refuse:

  • applications in respect of all NSG Trigger List items; and
  • applications in respect of all items on the NSG Dual-Use List, when they are destined for unsafeguarded nuclear fuel cycle or nuclear explosive activities, or when there is an unacceptable risk of diversion to such activities.

However, we will now consider on a case-by-case basis licence applications for items on the NSG Dual-Use List destined for other activities. (Our March 2002 policy was to refuse all such exports to nuclear or nuclear-related end-users in India, regardless of the stated end-use of the item.)  

We will also consider on a case-by-case basis all applications to export other items assessed as licensable, including those assessed as licensable under the WMD end-use control, taking into account:

  • the risk of use in, or diversion to, unsafeguarded nuclear fuel cycle or nuclear explosive activities, or acts of nuclear terrorism;
  • the risk of possible onward transfer of these items to other States for proliferation purposes, including the recipient State’s export control performance; and
  • the potential utility of the items concerned for, and contribution that they would make to, such activities.

We will continue to consider applications for exports which will contribute to the physical protection or security of civil or military nuclear facilities or assets in India.  Licences may be issued in exceptional cases, consistent with our obligations and commitments.

We will encourage contacts between UK nuclear scientists, academics and those working in or with the UK nuclear industry with their Indian counterparts, except where we consider that such contacts might be of assistance to the weapons-related aspects of its nuclear programme. Where such contacts involve the transfer of technology which require export licences we will continue to consider applications for such licences on a case-by-case basis, in accordance with the provisions of UK export control legislation.

Licensing policy towards Pakistan remains unchanged." 

The original statement, by Ben Bradshaw MP, former junior Foreign Office Minister, was made on 15 March 2002 and can be found by clicking on the link in the right hand column. 

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation
Department of Trade and Industry

August 2005

XNP Notice 13/05