Marco Rubio tables new bill: Treat India on par with allies, no assistance for Pak if found sponsoring terrorism

US Senator Marco Rubio on Thursday introduced a bill proposing that India be treated similarly to allies like Japan, Israel, Korea, and NATO partners in terms of technology transfers.

Moreover, the bill aims to support India in addressing threats to its territorial integrity and seeks to block security assistance to Pakistan if it is found to sponsor terrorism against India.

“Communist China continues to aggressively expand its domain in the Indo-Pacific region, all while it seeks to impede the sovereignty and autonomy of our regional partners. It’s crucial for the U.S. to continue its support in countering these malicious tactics. India, along with other nations in the region, is not alone,” Rubio said after introducing the U.S.-India Defense Cooperation Act in the Senate.

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Given the short timeline of a bitterly divided Congress in an election year, the bill is unlikely to make much headway, but might be reintroduced in the next Congress given that there is a bipartisan level of support on India-US relationship. The bill notes that the US-India partnership is vital to countering influences from Communist China. In order to strengthen this partnership, it is essential to enhance our strategic diplomatic, economic, and military relationship with New Delhi, it asserts.

Among other provisions, the bill would establish a Statement of Policy ensuring that the US supports India in addressing threats to its territorial integrity. It proposes to offer necessary security assistance to help India deter adversaries and outlines cooperation in defense, civil space, technology, medicine, and economic investments.

If passed into law, the bill would grant India a limited exemption from Countering America’s Adversaries Through Sanctions Act (CAATSA) sanctions for purchasing Russian military equipment currently in use. It would also express Congress's view that swiftly processing certifications for defense articles, services, and major equipment sales to India aligns with US interests and supports regional peace and stability by enhancing India's deterrence capabilities.

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The bill proposes treating India like US allies such as Japan, Israel, Korea, and NATO partners in terms of technology transfers. It authorizes the Secretary of State to sign a memorandum of understanding with India to boost military cooperation, expedite the transfer of excess defense articles to India for two years, grant India the same status as other allies, and expand International Military Education and Training cooperation with New Delhi.

The bill mandates a report to Congress on Pakistan’s use of offensive force, including terrorism and proxy groups, against India, and proposes barring Pakistan from receiving security assistance if it is found to sponsor terrorism against India.

It is to be further noted that this is the first time a US Congress bill has been introduced with a focus on India, aiming to elevate India to the same status as treaty allies, exempt it from CAATSA sanctions, and impose sanctions on Pakistan for terrorism against India.

How did CAATSA come into existence?

In 1996, the United States Congress enacted a law emphasizing secondary sanctions, which imposed penalties on third parties for interacting with the primary target of sanctions. Notable examples include the Helms-Burton Act, which targets Cuba, and the Iran Sanctions Act, which targets Iran.

The CAATSA imposed sanctions on Iran, North Korea, and Russia. The Bill was passed by the Senate on 27 July 2017 after it passed House 419–3. It was signed into law on August 2, 2017 by President Donald Trump.

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Through an amendment in the National Defense Authorization Act of 2019, India was granted a waiver from the stringent CAATSA. This waiver prevented sanctions on India for importing Russian weapons, including the S-400 long-range surface-to-air missile system.

While ignoring the CAATSA, India inked a $5.43 billion deal with Russia to procure four S-400 Triumf surface-to-air missile defence systems in October 2018. This led to the US threatening India with sanctions over India's decision.

(With inputs from PTI)