India pitches for membership of global non-proliferation regimes

April 19, 2012

Global

New Delhi, April 19: India on Wednesday made the most persuasive case for India's "full membership" of the global non-proliferation regimes. In a major policy statement, foreign secretary Ranjan Mathai told a gathering of nuclear experts that "the logical conclusion of partnership with India is its full membership of the four multilateral regimes."

Mathai, unusually, gave a detailed exposition of India's own strategic export control regime, national laws governing trade in sensitive items and its enforcement mechanisms. The aim, said officials, was to be more open about India's own efforts and systems while making a more compelling case for New Delhi's membership to the non-proliferation regimes. India's efforts to join the four top non-proliferation regimes - Nuclear Suppliers Group (NSG), Missile Technology Control regime (MTCR), Australia Group and Wassenaar Arrangement - started out in November 2010, but the campaign is yet to acquire critical mass.

While India is yet to make a formal application to join the regimes, its proposed membership has started a debate in these clubs. Over the next few months, all four clubs will be holding their plenary sessions where the Indian case will figure prominently. The government believes the top diplomat's statement today will provide an impetus to India's case and stir the debate. Another complaint has been about India's almost brahminical approach to what its doing in the non-proliferation field. Thus far, there has been little attempt by the Indian government to explain its non-proliferation objectives, systems and mechanisms to the world. With Mathai's speech, the government is also trying to clear the cobwebs about itself to the world.

In the months since November 2010, when India made a bid to join these groups, India has held several "outreach" sessions with all four. Mathai said he was in Vienna in March for the NSG outreach, while he expected to conduct an Australia Group outreach within the next few weeks. But its now being felt in the government that the Indian campaign has to move into higher gear. Today was a sort of opening salvo. Mathai clarified India has placed 12 out of 14 of its nuclear reactors under international safeguards, which puts India well within the deadline for compliance with its separation plan. He also reiterated India's commitment to ratify the additional protocol which envisages more intrusive checks into India's civilian nuclear sector.

India's membership is not an easy decision. First, there is an NPT adherence that is seen as crucial criteria. India has not signed the NPT and is not likely to do so, as a non-nuclear weapons state. So India's membership into these groups would have to take this refusal into account. Trying to transcend this hurdle, Mathai suggested they look at the bigger picture. "There are underlying objectives and principles that are common to all the regimes to which India subscribes to fully as it has demonstrated responsible non-proliferation and export control practices and has shown the ability and willingness to contribute substantially to global non-proliferation objectives." Whether this is acceptable is not yet clear. Although India wants to join with the four regimes in tandem, the NSG is believed to be the more important one. This year, India believes that with the US at the helm of NSG, its case might be easier.

Mathai said India, has the ability to produce and manufacture a large portion of the products that are controlled by these regimes. "As India's integration with the global supply chains moves forward, it would be in the interest of the four regimes that India's exports are subject to the same framework as other major supplier countries." It effectively puts the onus elsewhere - that outside the club, India can still manufacture sensitive items and they would be unregulated by the non-proliferation regimes. This should be a powerful argument for India being inside the tent. Of course, he left unsaid the fact that China's decision to supply nuclear reactors to Pakistan without the NSG waiver, has actually emasculated the global body.

Instead, Mathai interestingly placed India's actions and objectives of strong export control systems within India's development matrix. "As India's integration with global trade patterns and supply chains deepens, it would increasingly become an important hub of manufacturing and export of high technology items. Foreign investment including through offsets for governmental procurement will strengthen our global links. Our export control system would add to the reliability and credibility of Indian companies in the global market and thus increase their competitive edge."

The foreign secretary added, "India has continued with its policy of refraining from transfer of enrichment and reprocessing technologies (ENR) to states that do not possess them and supporting international efforts to limit their spread." While India might be fully in compliance, the NSG has adopted a guideline that prevents ENR technologies from going to non-NPT states. This would put India out of the box. The current negotiations are trying to square that circle. Mathai said India supports the IAEA's fuel-bank resolution and pitched to become a supplier state. Obviously, India cannot be a full supplier if it cannot access latest ENR technologies.

India, he said, not only had a series of legislative tools to control sensitive trade - from Atomic Energy Act, Customs Act of 1962 to the WMD Act of 2005 - to a robust enforcement mechanism. Mathai said, "DGFT is in the process of introducing by June this year an online application system that would not only further ease the application process but also facilitate implementation." He added, "We view a strong and effective national export control system as an essential link between our broader national security goals and our wider foreign policy objectives."

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News Network
April 17,2024

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New Delhi: Searches conducted by the Enforcement Directorate (ED) under the anti-money laundering law rose by 86 times while arrests and attachment of assets jumped by around 25 times in the ten years since 2014 compared to the preceding nine-year period, according to official data.

An analysis of the data by PTI for the last ten years, between April 2014 and March 2024, against the nine years from July 2005 to March 2014 presents a picture of the federal agency's "intensified" action under various sections of the Prevention of Money Laundering Act (PMLA).

The PMLA was enacted in 2002 and implemented from July 1, 2005, to check serious crimes of tax evasion, generation of black money and money laundering.

While the opposition parties have alleged that the ED's action during the last decade was part of the BJP-led central government's "oppressive" tactics against its rivals and others, the Union government and the ruling party have asserted that the agency is independent and its investigations were purely based on merit and under the mandate to act against the corrupt.

The ED booked as many as 5,155 PMLA cases during the last ten years as compared to a total of 1,797 complaints or Enforcement Case Information Reports (ECIRs or FIRs) filed during the preceding period (2005-14), a jump of about three times, the data said.

The data shows that the agency also got its first conviction starting the 2014 fiscal and it has, till now, got 63 persons punished under the anti-money laundering law.

The ED conducted 7,264 searches or raids in money laundering cases across the country during the 2014-2024 period as compared to just 84 in the preceding period - a jump of 86 times.

It also arrested a total of 755 people during the last decade and attached assets worth Rs 1,21,618 crore as compared to 29 arrests and Rs 5,086.43 crore worth of attachments respectively during the last compared period, the data stated.

The arrests are 26 times more, while figures related to the attachment of properties are 24 times higher.

The agency issued 1,971 provisional attachment orders for various types of immovable and movable assets during the last decade as compared to 311 such orders taken out in the preceding comparable period.

It got about 84 per cent of the attachment orders confirmed from the Adjudicating Authority of the PMLA during 2014-24 as compared to 68 per cent confirmations from the same authority during the last compared period.

The filing of charge sheets also saw a jump of 12 times in the last decade with 1,281 prosecution complaints filed by it before courts as against 102 during the preceding period.

The data said the ED secured conviction orders in 36 cases from various courts leading to the prosecution of 63 persons and a total of 73 charge sheets were disposed of during the last decade.

No conviction was obtained by the agency nor any charge sheet was disposed of under the anti-money laundering law during the 2005-14 period, according to the statistics.

The agency also got the court's permission to confiscate assets (attached as proceeds of crime under the PMLA) worth Rs 15,710.96 crore and it also restituted properties (including bank funds) of Rs 16,404.19 crore (out of the total amount under confiscation) during the last decade.

As there were no convictions during the preceding nine-year period, no confiscation of assets and resultant restitution could take place, as per the data.

The ED is also empowered to seize cash under the PMLA and the data said the agency froze more than Rs 2,310 crore worth of Indian and foreign currency during the last ten years as compared to a figure of Rs 43 lakh during the preceding period.

The agency also got notified a total of 24 Interpol red notices for apprehension of various accused who left India and hid in foreign shores and sent 43 extradition requests during 2014-24.

No such action was taken by the agency during the preceding period.

Four persons were extradited to India during the last ten-year time period while similar orders were secured against businessmen Vijay Mallya, Nirav Modi and Sanjay Bhandari. The three are based in the UK and the ED is trying to bring them back to the country as all the accused are contesting the orders issued against them.

"These statistics reflect the intensive drive that the ED has undertaken to check money laundering crimes," an agency official said.

The ED investigates financial crimes under two criminal laws -- the Prevention of Money Laundering Act (PMLA) and the Fugitive Economic Offenders Act (FEOA) -- apart from the civil provisions of the Foreign Exchange Management Act (FEMA).

The FEOA was enacted by the Narendra Modi government in 2018 to cripple those who are charged with high-value economic frauds and abscond from the country to evade the law.

The ED, as per the data, filed a total of 19 such applications before the designated special PMLA courts in the country following which 12 persons have been declared fugitive economic offenders.

It also confiscated assets worth Rs 906 crore under the said law by the end of the last fiscal on March 31.

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News Network
April 13,2024

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New Delhi: Seventeen Indians are on board an Israeli-linked container ship that has been seized by the Iranian military amid heightened tensions between Iran and Israel.

Official sources said India is in touch with Iranian authorities through diplomatic channels, both in Tehran and in Delhi, to ensure the welfare and early release of the Indian nationals.

The Iranian action came amid increasing fears that Tehran may launch an attack on Israeli soil in retaliation to a strike on the Iranian consulate in Syria 12 days ago.

"We are aware that a cargo ship 'MSC Aries' has been taken control by Iran. We have learnt that there are 17 Indian nationals onboard," said a source.

"We are in touch with the Iranian authorities through diplomatic channels, both in Tehran and in Delhi, to ensure security, welfare and early release of Indian nationals," it said.

Reports said Iran's Islamic Revolutionary Guards seized MSC Aries on Saturday morning when it was sailing through the Strait of Hormuz.

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News Network
April 12,2024

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New Delhi, Apr 12: India on Friday asked its citizens not to travel to Iran or Israel amid escalating tensions between the two countries following a strike on the Iranian consulate in Syria 11 days ago.

Iran blamed Israel for the strike and there have been fears that Tehran may launch an attack on Israel soon.

In an advisory, the Ministry of External Affairs (MEA) also urged the Indians residing in Iran and Israel to exercise utmost precautions about their safety and restrict their movements to minimum.

“In view of the prevailing situation in the region, all Indians are advised not to travel to Iran or Israel till further notice,” it said.

“All those who are currently residing in Iran or Israel are requested to get in touch with Indian Embassies there and register themselves,” the MEA said.

“They are also requested to observe utmost precautions about their safety and restrict their movements to the minimum,” it added. 

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