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EXCHANGE OF NOTES BETWEEN THE GOVERNMENTS OF INDIA AND THE U.S.A. CONCERNING GRANT OF CERTAIN NUCLEAR RESEARCH EQUIPMENT IN THE FIELD OFAGRICULTURE [1960] INTSer 11

EXCHANGE OF NOTES BETWEEN THE GOVERNMENTS OF INDIA AND THE U.S.A. CONCERNING GRANT OF CERTAIN NUCLEAR RESEARCH EQUIPMENT IN THE FIELD OFAGRICULTURE

New Delhi, 22 April and 13 June 1960

No. 695

The Embassy of the United States of America presents its compliments to the Ministry of External Affairs and has the honor to refer to the note from the Ministry dated February 22, 1960, concerning a possible grant to the Government of India of certain nuclear research equipment in the field of agriculture and to inform the Ministry of External Affairs that approval has now been given for the grant of the gamma irradiation and fly sterilization facility and the related equipment referred to in the Ministry's note.

The Embassy has the honor to propose the following understandings on the basis of which this equipment is to be transferred

1. The equipment shall be used for peaceful purposes only.

2. The Government of India will defray the cost of removing the equipment from its present site and meet all costs of transportation, insurance while in transit, installation, operation and maintenance of the equipment thereafter.

3. Copies of technical publications deriving from the use of the equipment and information resulting from research with the equipment will be provided to the Government of the United States currently.

4. The cobalt source, which is included in the equipment to be presented to the Government of India, may be harmful to persons and property unless handled and used carefully. Accordingly, the Government of India will indemnify and save harmless the Government of the United States of America against any and all liabilities from any causes whatsoever (including third party liability) which may result from the use of the cobalt source or other equipment provided under this grant.

If these understandings are acceptable to the Government of India, this note and the reply of the Ministry of External Affairs concurring therein shall constitute an agreement between our two Governments, which shall enter into force on the date of the reply of the Ministry of External Affairs.

The Embassy takes this opportunity to renew the assurances of its highest consideration.

Embassy of the United States of America New Delhi. April 22,1960.

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, 13th June, 1960

No. F.73(57)-AMS/59

The Ministry of External Affairs present their compliments to the Embassy of the U.S.A. and have the honour to refer to the Embassy's Note No. 695 dated the 22nd April, 1960, concerning the grant to the Government of India of certain nuclear research equipment in the field of agriculture.

The Government of India accept the equipment on the following understandings :

(i) In accordance with the Government of India's policy not to use atomic energy for military purposes, the equipment shall be used for peaceful purposes only.

00 The Government of India will defray the cost of removing the equipment from its present site and meet all costs of transportation, insurance while in transit, installation, operation and maintenance of the equipment thereafter.

(iii) Copies of technical publications deriving from the use of the equipment and information resulting from research with the equipment will be provided to the Government or the U.S.A. currently.

(1v) The Government of India will indemnify and save harmless the Government of the United States of America against any and all liabilities from any causes whatsoever (including third party liability) which may result from the use of the cobalt source or other equipment provided under this grant.

The Government of India agree that the Embassy's Note of the 22nd April 1960 and this reply shall constitute an Agreement between the two Governments which shall enter into force as from today.

The Ministry of External Affairs take this opportunity to renew to the Embassy of the U.S.A. the assurances of their highest consideration.

[SEAL]
The Embassy of the U.S.A.
New Delhi.

The Government of India agree that the Embassy's Note of the 22nd April 1960 and this reply shall constitute an Agreement between the two Governments which shall enter into force as from today.

The Ministry of External Affairs take this opportunity to renew to the Embassy of the U.S.A. the assurances of their highest consideration.

[SEAL]
The Embassy of the U.S.A.
New Delhi.


India Bilateral

Ministry of External Affairs, India


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