Friday 5 September 2014

Read my reply to FBI agent David Snyder ...



---------- Forwarded message ----------
From: Nanu Sapra <seemasapra2014@gmail.com>
Date: Fri, Sep 5, 2014 at 8:12 PM
Subject: Re: Complaint against Mr Montek Singh Ahluwalia for violation of Section 5 of the Official Secrets Act - by Seema Sapra, General Electric whistleblower - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Other
To: "Snyder, David" <David.Snyder@ic.fbi.gov>, "Fraud, FCPA (CRM)" <FCPA.Fraud@usdoj.gov>
Cc: "seema.sapra@gmail.com" <seema.sapra@gmail.com>, "seemasapra@hotmail.com" <seemasapra@hotmail.com>, Nanu Sapra <seemasapra2014@gmail.com>


Mr David Snyder, 

How else am I supposed to interpret your actions. I am a whistle-blower in India who has been emailing US authorities for over three years now with evidence of corruption, forgery, fraud etc. against General Electric Company and my emails are being ignored. 

You send me curt messages from an FBI email address telling me not to contact you. You have admitted to blocking my messages which means that this would prevent my messages from being delivered and would result in my messages getting treated as spam. 

Your responses were intended to dissuade me from sending my complaints against GE to the FBI and to convey an impression to me that I was emailing a brick wall. This is obviously what GE would want. 

Of course the FBI is a relevant authority for me to address my complaints to. 

I fear for my life. And your response is not only unprofessional but unethical as well. 

Please read my blog at http://seemasapra.blogspot.in/

Seema Sapra

 

On Fri, Sep 5, 2014 at 7:36 PM, Snyder, David <David.Snyder@ic.fbi.gov> wrote:
Sorry you see it that way. The FCPA is the proper email address to address your issues. Due to the hostile nature of your email you will no longer receive any responses from me. If you continue to communicate this way, no one will take you seriously.


From: Nanu Sapra <seemasapra2014@gmail.com>
To: Snyder, David; Fraud, FCPA (CRM)
Cc: seema.sapra@gmail.com <seema.sapra@gmail.com>; seemasapra@hotmail.com <seemasapra@hotmail.com>
Sent: Fri Sep 05 10:03:27 2014
Subject: Re: Complaint against Mr Montek Singh Ahluwalia for violation of Section 5 of the Official Secrets Act - by Seema Sapra, General Electric whistleblower - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Other

Mr David Snyder, 

Instead of deleting my emails you should be forwarding them to the appropriate FBI emails of persons who can help me here. That is what your professional duty would call for. 

Instead you appear to be targeting me, intimidating me and helping GE agents bock my email messages so that they do not get delivered to the appropriate authorities. 

Seema Sapra 


On Fri, Sep 5, 2014 at 7:18 PM, Snyder, David <David.Snyder@ic.fbi.gov> wrote:
Because there is nothing I can do to help you. I delete your emails and block you as a sender.


From: Nanu Sapra <seemasapra2014@gmail.com>
To: Snyder, David; Fraud, FCPA (CRM)
Cc: Seema Sapra <seema.sapra@gmail.com>; Nanu Sapra <seemasapra2014@gmail.com>; seemasapra@hotmail.com <seemasapra@hotmail.com>
Sent: Fri Sep 05 09:39:54 2014
Subject: Re: Complaint against Mr Montek Singh Ahluwalia for violation of Section 5 of the Official Secrets Act - by Seema Sapra, General Electric whistleblower - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Other


Why should I not contact you, Mr David Snyder? You are an FBI agent. Why are you telling me not to email you about criminal offences being committed against me and the danger to my life from General Electric Company's US-based executives and lawyers after I reported corruption as a whistle-blower? 

Seema Sapra

On Mon, Sep 1, 2014 at 12:59 PM, Snyder, David <David.Snyder@ic.fbi.gov> wrote:
Stop emailing me


From: Nanu Sapra <seemasapra2014@gmail.com>
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Jr.; Kuo, Sharon W.; Wong, Kingman K.; Bodony, Daniel A.; McMurray, Christopher; ralph.hope@ic.fbi.gov <ralph.hope@ic.fbi.gov>; Metz, Eric; daniel.baldwin@ic.fbi.gov <daniel.baldwin@ic.fbi.gov>; Barbeito, Alejandro; Gleicher, Cary; Haertel, Paul H.; greg.cox@ic.fbi.gov <greg.cox@ic.fbi.gov>; Andino, Lazaro E.; Ramirez, Gabriel; tom.sobocinski@ic.fbi.gov <tom.sobocinski@ic.fbi.gov>; Walker, Benjamin C.; Striebich, Kirk J.; Snyder, David; Cox, Gregory D.(WF) (FBI); Andrews, Katherine L.; carolyn.willson@ic.fbi.gov <carolyn.willson@ic.fbi.gov>; Nowak, Mark R.; Wirtz, Stuart P; Buckler, Lesley; Dudzinski, Daniel G.; Peterson, William L. Jr. (SD)(FBI); Brown, Connally B.; leo.navarette@ic.fbi.gov <leo.navarette@ic.fbi.gov>; Futa, Lawrence J.; Shaffer, Gregory W. (DL) (FBI); Clegg, Daniel C.; adishaggarwala@yahoo.com <adishaggarwala@yahoo.com>; adishaggarwala@hotmail.com <adishaggarwala@hotmail.com>; vsondhi@luthra.com <vsondhi@luthra.com>; muraritiwari.adv@gmail.com <muraritiwari.adv@gmail.com>; adv.priyankatyagi@gmail.com <adv.priyankatyagi@gmail.com>; sarlakaushik@yahoo.com <sarlakaushik@yahoo.com>; goswamiandassociates@yahoo.co.in <goswamiandassociates@yahoo.co.in>; vedbaldev@rediffmail.com <vedbaldev@rediffmail.com>; rakeshtikuadvocate@yahoo.com <rakeshtikuadvocate@yahoo.com>; kkmanan <kkmanan@rediffmail.com>; ars.chauhan.co@gmail.com <ars.chauhan.co@gmail.com>; Rajiv Khosla <advrajivkhosla@gmail.com>; rakeshkochar@hotmail.com <rakeshkochar@hotmail.com>; khatri.surya@hotmail.com <khatri.surya@hotmail.com>; puneet mittal <puneetmittal9@gmail.com>; advamit.sharma@gmail.com <advamit.sharma@gmail.com>; Attorneynitin@yahoo.com <Attorneynitin@yahoo.com>; Rajesh Mishra <attorney.rmishra@gmail.com>; jaibirnagar@gmail.com <jaibirnagar@gmail.com>; Sho-lodhicolony-dl@nic.in <Sho-lodhicolony-dl@nic.in>; csrhw@csrhw.com.cn <csrhw@csrhw.com.cn>; cnriec@chinacnr.com <cnriec@chinacnr.com>; deepak verma <justicedverma@gmail.com>; dridzu@nic.in <dridzu@nic.in>; Om Prakash <oplawassociates@gmail.com>; Jatan Singh <jatan_singh@yahoo.com>; Abhijat Bal <abhijat.bal@gmail.com>; asutosh lohia <lasutosh@gmail.com>; Vikram Singh Panwar <vikrampanwar2010@gmail.com>; ashok.bhasin@yahoo.co.in <ashok.bhasin@yahoo.co.in>; Aruna Tiku <arunatikuadvocate@yahoo.com>; Sunil Mittal <sunilmittaladvocate@gmail.com>; Meghna Sankhla <meghna@sankhla.in>; Amit Sharma with khosla <advocateas@gmail.com>; Pankaj Kapoor <lawyerpankaj@gmail.com>; P.H. Parekh <pravin.parekh@pravinparekh.com>; rakesh.sherawat@yahoo.com <rakesh.sherawat@yahoo.com>; jagdev_advocate@yahoo.com <jagdev_advocate@yahoo.com>; abhay kumar verma <akvadvocates@gmail.com>; aman_sareen169@yahoo.com <aman_sareen169@yahoo.com>; Manan Mishra <manankumarmishra@gmail.com>; ZAFAR AHMED Khan <zakhan52@gmail.com>; anirveda_04@sifymail.com <anirveda_04@sifymail.com>; prabakaran.president.tnaa@gmail.com <prabakaran.president.tnaa@gmail.com>; vbhatt.adv@gmail.com <vbhatt.adv@gmail.com>; faisalrizvi@hotmail.com <faisalrizvi@hotmail.com>; advajithts@gmail.com <advajithts@gmail.com>; n_ramchanderrao@yahoo.com <n_ramchanderrao@yahoo.com>; Nilesh Kumar <agrnilesh73@gmail.com>; kunals777@yahoo.com <kunals777@yahoo.com>; chairman@ses-surat.org <chairman@ses-surat.org>; bhojcthakur@yahoo.com <bhojcthakur@yahoo.com>; raj mohan singh tanwar <rmsinghadvocate@gmail.com>; Rohinton Nariman <rohintonnariman@gmail.com>; Satish Abarao Deshmukh <satish.adeshmukh@gmail.com>; info@group30.org <info@group30.org>; poststelle@sta.berlin.de <poststelle@sta.berlin.de>; public.enquiries@homeoffice.gsi.gov.uk <public.enquiries@homeoffice.gsi.gov.uk>; webmaster.greco@coe.int <webmaster.greco@coe.int>; info@eurojust.europa.eu <info@eurojust.europa.eu>; poststelle@generalbundesanwalt.de <poststelle@generalbundesanwalt.de>; jthuy@eurojust.europa.eu <jthuy@eurojust.europa.eu>; ejn@eurojust.europa.eu <ejn@eurojust.europa.eu>; collegesecretariat@eurojust.europa.eu <collegesecretariat@eurojust.europa.eu>; poststelle@bgh.bund.de <poststelle@bgh.bund.de>; secretariat@cepol.europa.eu <secretariat@cepol.europa.eu>; CP@ohchr.org <CP@ohchr.org>; siemens-ombudsmann@rae13.de <siemens-ombudsmann@rae13.de>; mariassy@rae13.de <mariassy@rae13.de>; usgrievance@rb.nic.in <usgrievance@rb.nic.in>; cenvigil@nic.in <cenvigil@nic.in>; sdas@cbi.gov.in <sdas@cbi.gov.in>; adrkd@cbi.gov.in <adrkd@cbi.gov.in>; jdp@cbi.gov.in <jdp@cbi.gov.in>; hozeo@cbi.gov.in <hozeo@cbi.gov.in>; hozmdma@cbi.gov.in <hozmdma@cbi.gov.in>; hozbpl@cbi.gov.in <hozbpl@cbi.gov.in>; hozmum1@cbi.gov.in <hozmum1@cbi.gov.in>; hozkol@cbi.gov.in <hozkol@cbi.gov.in>; hozac@cbi.gov.in <hozac@cbi.gov.in>; hozstf@cbi.gov.in <hozstf@cbi.gov.in>; hozsc@cbi.gov.in <hozsc@cbi.gov.in>; hozbsf@cbi.gov.in <hozbsf@cbi.gov.in>; hozpat@cbi.gov.in <hozpat@cbi.gov.in>; hozeo2@cbi.gov.in <hozeo2@cbi.gov.in>; jda@cbi.gov.in <jda@cbi.gov.in>; jdtfc@cbi.gov.in <jdtfc@cbi.gov.in>; hozdel@cbi.gov.in <hozdel@cbi.gov.in>; hozchn@cbi.gov.in <hozchn@cbi.gov.in>; hozhyd@cbi.gov.in <hozhyd@cbi.gov.in>; hozne@cbi.gov.in <hozne@cbi.gov.in>; dop@cbi.gov.in <dop@cbi.gov.in>; hobac1del@cbi.gov.in <hobac1del@cbi.gov.in>; hobac2del@cbi.gov.in <hobac2del@cbi.gov.in>; hobac3del@cbi.gov.in <hobac3del@cbi.gov.in>; rajiv.vc@nic.in <rajiv.vc@nic.in>; rajeev.verma@nic.in <rajeev.verma@nic.in>; cp.ggn@hry.nic.in <cp.ggn@hry.nic.in>; rv.dhc@nic.in <rv.dhc@nic.in>; mukul17855@yahoo.com <mukul17855@yahoo.com>; Ranjit Kumar <sgofficerk@gmail.com>; lnageshwararao@hotmail.com <lnageshwararao@hotmail.com>; tusharmehta64@yahoo.com <tusharmehta64@yahoo.com>; neerajkishankaul@gmail.com <neerajkishankaul@gmail.com>; Narasimha Pamidighantam <psnarasimha@gmail.com>; naqvimukhtar@yahoo.com <naqvimukhtar@yahoo.com>; cpthakur1@rediffmail.com <cpthakur1@rediffmail.com>; Jual Oram <oram.jual@gmail.com>; jualoram@rediffmail.com <jualoram@rediffmail.com>; SS Ahluwalia <tengrg@gmail.com>; ssa@10grg.com <ssa@10grg.com>; Balbir Punj <punjbalbir@gmail.com>; bkpunj@gmail.com <bkpunj@gmail.com>; maliksatyapal@hotmail.com <maliksatyapal@hotmail.com>; prabhatjhabjp@gmail.com <prabhatjhabjp@gmail.com>; vijaya_999@ymail.com <vijaya_999@ymail.com>; Uma Bharti <umashribharti@gmail.com>; laxmi_chawla@yahoo.com <laxmi_chawla@yahoo.com>; Kiran Maheshwari <saikiran.udr@gmail.com>; ananth@ananth.org <ananth@ananth.org>; T. C. Gehlot <mptcgehlot@gmail.com>; mp.tcgehlot@bjp.org <mp.tcgehlot@bjp.org>; jpnadda@gmail.com <jpnadda@gmail.com>; Dharmendra Pradhan <dpdharmendrapradhan@gmail.com>; d.pradhan@sansad.nic.in <d.pradhan@sansad.nic.in>; Tapir Gao <gaotapir@yahoo.com>; fvg001@gmail.com <fvg001@gmail.com>; Anand Chaudhary <anandchaudhary2009@gmail.com>; rudypr@rediffmail.com <rudypr@rediffmail.com>; p.muralidharrao@rediffmail.com <p.muralidharrao@rediffmail.com>; ramji.bjp@gmail.com <ramji.bjp@gmail.com>; Satish Velankar <shrivsatish@gmail.com>; saudan.singh@bjp.org <saudan.singh@bjp.org>; piyush@bjp.org <piyush@bjp.org>; jshyam48@rediffmail.com <jshyam48@rediffmail.com>; bhupender_advocate@rediffmail.com <bhupender_advocate@rediffmail.com>; Bhupender Yadav <bhupenderyadav69@gmail.com>; P.K Krishnadas <krishnadasbjp@gmail.com>; Dr. Anil Jain <aniljain.dr@gmail.com>; vinod.pandey@bjp.org <vinod.pandey@bjp.org>; TRIVENDRA SINGH RAWAT <tsrawatbjp@gmail.com>; Rameshwar Chaurasia <rpcnokha@gmail.com>; arti_9@yahoo.co.in <arti_9@yahoo.co.in>; vani_tripathi@yahoo.com <vani_tripathi@yahoo.com>; dr.sudhayadav@yahoo.co.in <dr.sudhayadav@yahoo.co.in>; Sudha Malaiya <malaiyasudha@gmail.com>; Poonam Mahajan R <pmahajanr@gmail.com>; drtamilisai@yahoo.co.in <drtamilisai@yahoo.co.in>; lois.bjp@gmail.com <lois.bjp@gmail.com>; Arun Jain <bjparun.jain@gmail.com>; Arun Jain <arun.jain@bjp.org>; bjpinparliament@yahoo.com <bjpinparliament@yahoo.com>; V. Shanmuganathan <vsnathan7666@gmail.com>; PRAKASH JAVADEKAR <pjavadekar@gmail.com>; shahnawaz@sansad.nic.in <shahnawaz@sansad.nic.in>; shahnawaz.hussain@bjp.org <shahnawaz.hussain@bjp.org>; nsitharaman@gmail.com <nsitharaman@gmail.com>; Dr. B S Shastri <dr.bsshastri@gmail.com>; trivedi.sudhanshu@gmail.com <trivedi.sudhanshu@gmail.com>; Meenakshi Lekhi <mrs.mlekhi@gmail.com>; Captain Abhimanyu <abhimanyu.bjp@gmail.com>; mjakbar@hotmail.com <mjakbar@hotmail.com>; president@bjp.org <president@bjp.org>; ajaitley@sansad.nic.in <ajaitley@sansad.nic.in>; sushmaswaraj@hotmail.com <sushmaswaraj@hotmail.com>; kkmanan@gmail.com <kkmanan@gmail.com>; gurmeharsistani@gmail.com <gurmeharsistani@gmail.com>
Cc: Seema Sapra <seema.sapra@gmail.com>; Nanu Sapra <seemasapra2014@gmail.com>; seemasapra@hotmail.com <seemasapra@hotmail.com>
Sent: Mon Sep 01 01:35:04 2014
Subject: Complaint against Mr Montek Singh Ahluwalia for violation of Section 5 of the Official Secrets Act - by Seema Sapra, General Electric whistleblower - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others...



Complaint against Mr Montek Singh Ahluwalia for violating Section 5 of
the Official Secrets Act - by Seema Sapra, General Electric
whistleblower - Writ Petition (Civil) 1280/ 2012 – in the matter of
Seema Sapra v. General Electric Company and Others in the Delhi High
Court


To the Prime Minister of India (Shri Narendra Modi),

I have filed an affidavit in the Delhi High Court in W.P. (Civil)
1280/ 2012. Along with this affidavit as Annexure P-2, I have filed
true copies of two cables which originated from the US Embassy in
India that describe private non-official discussions and meetings
between Montek Singh Ahluwalia and the US Ambassador and other US
Embassy and US government officials.

This cables (which constitute only the tip of the iceberg of evidence
against Mr Montek Singh Ahluwalia) establish that Montek Singh
Ahluwalia is a lobbyist for US interests in India and that he has by
wrongfully sharing information with the US Embassy and US Government,
violated Section 5 of the Official Secrets Act.  Montek Singh
Ahluwalia is a spy and has acted as an agent of the US government
against Indian interests.

Not only did Montek Singh Ahluwalia disclose information to US
officials in violation of Section 5 of the Official Secrets Act, he
also presented himself as an interlocuter and lobbyist for pushing
through US interests within the Indian governmental process, and he
even advised US officials/ government on how best to achieve US goals
within the Indian governmental process. Montek Singh Ahluwalia
therefore misused his official position within the Government of India
to unofficially and unlawfully help and assist the United States
government in achieving/ securing US strategic and commercial
interests in Indian governmental decision making. Mr Montek Singh
Ahluwalia is in these cables described as advising the US government
on how to gain an upper hand over Indian bureaucrats and ministers and
Indian governmental processes, and in one instance advising on how US
educational businesses can break Indian law.

These cables establish that Montek Singh Ahluwalia has advised the
United States Government against Indian strategic interests in
diplomacy and state-to-state relations. This makes Montek Singh
Ahluwalia a traitor guilty of treason.

This basically means that Montek Singh Ahluwalia is a spy acting for
the United States government. That Montek Singh Ahluwalia is a CIA
agent/ asset has been publicly articulated by several eminent Indians.

Mr Montek Singh Ahluwalia must be investigated and prosecuted for
violation of Section 5 of the Official Secrets Act and the two US
embassy cables below  provide sufficient evidence of this, though
additional evidence against Mr Montek Singh Ahluwalia can be easily
gathered.

Seema Sapra



Annexure P-2


Cable reference id: #07NEWDELHI4272

"All of them, those in power, and those who want the power, would
pamper us, if we agreed to overlook their crookedness by wilfully
restricting our activities." — "Refus Global", Paul-Émile Borduas

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Reference id

?  aka Wikileaks id #122608

Subject

Ambassador Discusses Ceo Forum Issues With Planning Commission Deputy
Chairman Ahluwalia

Origin

Embassy New Delhi (India)

Cable time

Tue, 18 Sep 2007 12:16 UTC

Classification

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Source

http://wikileaks.org/cable/2007/09/07NEWDELHI4272.html

History

Time unknown: Original unredacted version, leaked to Wikileaks

Wed, 6 Apr 2011 19:54: First publication, unredacted, however non-text
content differs

Fri, 26 Aug 2011 02:34: Re-published, unredacted, however non-text
content differs

Thu, 1 Sep 2011 23:24: Original unredacted version published, with HTML goodies

O 181216Z SEP 07 FM AMEMBASSY NEW DELHI TO RUEHC/SECSTATE WASHDC
IMMEDIATE 8314 INFO RUEHCG/AMCONSUL CHENNAI 1496 RUEHCI/AMCONSUL
KOLKATA 0853 RUEHLH/AMCONSUL LAHORE 4124 RUEHBI/AMCONSUL MUMBAI 0588
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE RHEBAAA/DEPT OF ENERGY
WASHDC RUEATRS/DEPT OF TREASURY WASHDC RHEHNSC/NSC WASHDC RUCPDOC/DEPT
OF COMMERCE WASHDC

Hide header UNCLAS SECTION 01 OF 02 NEW DELHI 004272 SIPDIS SENSITIVE
SIPDIS DEPT FOR NEC DIRECTOR HUBBARD USDOC FOR
ITA/MAC/OSA/LDROKER/ASTERN/KRUDD DEPT OF ENERGY FOR A/S KHARBERT,
TCUTLER, CZAMUDA, RLUHAR DEPT PASS TO USTR
DHARTWICK/CLILIENFELD/AADLER DEPT PASS TO TREASURY FOR OFFICE OF SOUTH
ASIA ABAUKOL TREASURY PASS TO FRB SAN FRANCISCO/TERESA CURRAN STATE
FOR P, SCA/INS AND EB/TRA JEFFREY HORWITZ AND TOM ENGLE E.O. 12958:
N/A TAGS: EFIN [Financial and Monetary Affairs], EINV [Foreign
Investments], EPET [Petroleum and Natural Gas], ETRD [Foreign Trade],
SENV [Environmental Affairs], PREL [External Political Relations],
PARM [Arms Controls and Disarmament], TSPL [Science and Technology
Policy], KNNP [Nuclear Non-Proliferation], TRGY [Energy Technology],
IN [India; Andaman Islands; Lakshadweep Islands; Nicobar Islands]
SUBJECT: AMBASSADOR DISCUSSES CEO FORUM ISSUES WITH PLANNING
COMMISSION DEPUTY CHAIRMAN AHLUWALIA NEW DELHI 00004272 001.2 OF 002
¶1. (SBU) Summary: The Ambassador met September 14 with Planning
Commission Deputy Chairman Montek Ahluwalia to discuss the upcoming
CEO Forum, mid-October visit to India by Energy Deputy Secretary Sell
for the APP and Energy Dialogue, and the end of October visit by
Treasury Secretary Paulson and NEC Director Hubbard. Ambassador also
urged GOI resolution of the outstanding legacy issues of McDermott and
Dow Chemical. End Summary. ¶2. (SBU) The Ambassador noted that the CEO
Forum was unique in that it was one of the few private sector forums
that attracted great interest and attendance from senior government
officials. It was therefore important that the September 24 discussion
focus on critical issues including infrastructure financing and the
impact of inadequate IPR protection on foreign investment in India
that has lead to the recent decision by the Swiss pharmaceutical
company, Novartis, to pull out of India after its latest patent
application was denied. Ahluwalia agreed and said that he hoped the
U.S.-India civil nuclear agreement would not be on the agenda since
the ball was in India's court to move forward in a process well known
to everyone. Ambassador noted that, at some point, prospects for U.S.
private sector investment in India's civil nuclear industry would be
an appropriate discussion topic at the CEO Forum, but not until the
Agreement had been operationalized. Ahluwalia said that he would
discuss with Foreign Secretary Menon keeping the civil nuclear
agreement off the agenda, and Ambassador said that he would take it up
with Under Secretary Burns. ¶3. (SBU) The Ambassador said that it
might be useful to repeat the formula used in last year's successful
CEO Forum by using the lunch to follow up on important economic issues
previously raised in the morning meeting, and avoid topics like civil
nuclear and the Doha Round that will accomplish little in the short
time available. Ahluwalia agreed and said that CII and the Ministry of
External Affairs had been discussing with State and the NSC the idea
of moving from one large rectangular table to several round tables
that would group CEOs and government officials according to their
interest in particular issues/topics. Ahluwalia added that the GOI
intended to present a 14 point non-paper on progress made and
remaining/new issues that could be useful for discussion and follow up
after the meeting. Ahluwalia said that Hubbard in a recent phone
conversation said that the U.S. also intended to raise
agricultural/phyto-sanitary concerns. ¶4. (SBU) The Ambassador said
that the October 29-30 visit of Treasury Secretary Paulson to India
presented a great opportunity to focus on creating a climate of
finance for infrastructure. He added that Paulson and his team will
bring great knowledge and experience on financial market supervision,
regulatory issues, securitization, debt, and other key areas.
Ahluwalia said that he will be joining the Ambassador in the October
29 Infrastructure Conference in Mumbai that Paulson and Indian Finance
Minister Chidambaram will open. Ahluwalia noted that it would be
helpful if there was some movement on U.S. approval of ICICI's and
Bank of India's long-pending U.S. bank branch applications. He added
that there was a lot of irritation in MOF over this issue, especially
since Secretary Paulson had told Chidambaram a year ago that there
would be action. Despite the lack of progress, Ahluwalia noted that
MOF had recently approved three new branches in India for Citibank.
Ambassador responded that the delay was not due to protectionism on
the U.S. part, but because of regulatory issues that required India's
establishment of an anti-money laundering/terrorist financing regime
(AML/CTF) that meets international standards. The Ambassador noted
that India had joined the Financial Action Task Force (FATF) as an
observer with the goal of full membership, which was a welcome step.
Ahluwalia asked for a one page note on outstanding issues related to
AML/CTF that he could discuss with Chidambaram before the CEO Forum.
¶5. (SBU) The Ambassador said that Deputy Secretary of Energy Clay
Sells will visit India in mid-October for the Asia Partnership Program
(APP) summit and the U.S.-India Energy Dialogue. He added that
Secretary Rice is also considering coming out for the APP. ¶6. (SBU)
Aluwalia asked what the key deadlines are for NEW DELHI 00004272 002.2
OF 002 operationalizing the Civil Nuclear Agreement. The Ambassador
said that there can be no Congressional vote until India has reached
agreement first with the IAEA, then the NSG. Given the 90 day
Congressional review requirement before a vote is possible, India
would have to conclude the first two steps by December in order to get
a vote in Congress by the end of February. After that, getting it on
the Congressional calendar next year would be much more difficult.
Ambassador added that the U.S. has been very quiet publicly on the
Agreement since July in order to avoid "stirring things up" for the
GOI as it deals with political debate here. Ahluwalia said that the
issue in India is who will blink first, Congress or the Left. For the
Left, it is clear the issue is not the 123 Agreement, but the
deepening U.S.-India relationship which they vehemently oppose.
Ahluwalia said that there are two possibilities if Congress calls the
Left's bluff: it could continue as a minority government until calling
for elections, or the Left could join with the BJP in bringing down
the government, leading to elections. In either case, Ahluwalia said
the Government is presently in a good political position to go into
elections, but it would be better to go to the polls on issues other
than the 123 Agreement. ¶7. (SBU) Returning to the CEO Forum, the
Ambassador said that McDermott International CEO Nesbitt will be
attending and there are reports that the GOI may announce at the Forum
that it is taking steps to finally resolve this long outstanding
legacy issue. Ambassador cautioned that any action that fell short of
expeditiously settling in full the Supreme Court Judgment in favor of
McDermott, such as a partial payment through the bankruptcy
proceedings, will go down badly and create major ill feelings in the
U.S. business community. The Ambassador also cited the GOI's continued
third party claims against Dow Chemical in the ongoing Bhopal land
reclamation lawsuit as a further impediment by Dow and others to
invest in India, and he asked that the GOI drop its claims against
Dow. Ahluwalia took the Ambassador's points on McDermott, noting the
importance of finally putting the issue to rest. On Dow, he said that
the GOI does not understand Dow's concern about future civil or
criminal liability since the GOI third-party claims do not suggest a
GOI presumption that Dow is responsible for the cleanup. The GOI's
problem is that the NGOs are very active and vocal in this case, and
it is very difficult for the Government to now drop its claims against
Dow. The GOI was hoping for a quick resolution of the case which would
have settled the issue, but Dow prevented this by asking for a stay in
the proceedings. Ahluwalia noted that the issue of whether a company
like Dow can be held liable for the actions of another company solely
on the basis of acquiring that company after the culpable activity
occurred is an important and novel legal issue in India that needs to
be resolved. Ahluwalia recommended that the Ambassador discuss the
issue with Finance Minister Chidambaram - a noted jurist. ¶8. (SBU)
Ambassador again stressed the importance of the financial sector in
upcoming U.S.-India discussions, noting that a central economic issue
for India is the long-term status of its financial markets. He added
that India's financial markets today have the makings for a regional
financial center, given India's huge hinterland and large and
increasing savings rates that mirror the conditions in the U.S.
banking sector a generation ago. The Ambassador said that virtually
all large U.S. banks were once domestic-centered, before they went
global. Ahluwalia agreed, noting that the GOI (with MOF and Prime
Minister approval) had just commissioned a High Level Committee on
Financial Sector Reforms, composed mostly of private sector
individuals, to make recommendations by next March on next steps in
financial sector reform. He added that, until India ends the dominance
of the State in the banking sector, there will never be a level
playing field for private or foreign banks that is necessary if India
is to establish itself as a regional financial center. MULFORD









Cable reference id: #08NEWDELHI2367

"All of them, those in power, and those who want the power, would
pamper us, if we agreed to overlook their crookedness by wilfully
restricting our activities." — "Refus Global", Paul-Émile Borduas

Main • Full-text search • Private cart • Browse tags • Overview •
History • Media • Crowdsource Central • Manning's alleged chat logs
diff • Donate



Reference id

?  aka Wikileaks id #168360

Subject

Ambassador Meets With Montek Singh Ahluwalia

Origin

Embassy New Delhi (India)

Cable time

Thu, 4 Sep 2008 00:59 UTC

Classification

CONFIDENTIAL//NOFORN

Source

http://wikileaks.org/cable/2008/09/08NEWDELHI2367.html

History

Time unknown: Original unredacted version, leaked to Wikileaks

Thu, 1 Sep 2011 23:24: Original unredacted version published, with HTML goodies

VZCZCXRO4795 OO RUEHBI RUEHCI RUEHLH RUEHPW DE RUEHNE #2367/01 2480059
ZNY CCCCC ZZH O 040059Z SEP 08 FM AMEMBASSY NEW DELHI TO
RUEHC/SECSTATE WASHDC IMMEDIATE 3233 INFO RUCNCLS/ALL SOUTH AND
CENTRAL ASIA COLLECTIVE IMMEDIATE RUCNNSG/NUCLEAR SUPPLIERS GROUP
COLLECTIVE IMMEDIATE RUEAIIA/CIA WASHDC IMMEDIATE RHEBAAA/DEPT OF
ENERGY WASHINGTON DC IMMEDIATE RUEKJCS/JOINT STAFF WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE RUEKJCS/SECDEF WASHDC IMMEDIATE
RUEHUNV/USMISSION UNVIE VIENNA IMMEDIATE 1623 RUCNDT/USMISSION USUN
NEW YORK IMMEDIATE 6851

Hide header C O N F I D E N T I A L SECTION 01 OF 05 NEW DELHI 002367
SENSITIVE SIPDIS E.O. 12958: DECL: 09/03/2028 TAGS: EAGR [Agriculture
and Forestry], ECON [Economic Conditions], EDU [European Democratic
Union], EINV [Foreign Investments], ENRG [Energy and Power], ETRD
[Foreign Trade], ETTC [Trade and Technology Controls], IN [India;
Andaman Islands; Lakshadweep Islands; Nicobar Islands], KNNP [Nuclear
Non-Proliferation], PARM [Arms Controls and Disarmament], PREL
[External Political Relations], TRGY [Energy Technology], TSPL
[Science and Technology Policy] SUBJECT: AMBASSADOR MEETS WITH MONTEK
SINGH AHLUWALIA 1. (C) Summary. Ambassador met with Planning
Commission Deputy Chairman Montek Singh Ahluwalia on September 2 to
discuss upcoming high level bilateral meetings, including the
President-Prime Minister meeting on September 25 and the CEO Forum
scheduled for October 14. In addition, the Ambassador provided an
update to Ahluwalia on the August 22-23 Nuclear Suppliers Group
meeting in Vienna and his outlook for the second meeting scheduled for
September 4-5. End summary. AMBASSADOR REVIEWS NSG DEVELOPMENTS
----------------------------------- ¶2. (C) First, Ambassador Mulford
provided Ahluwalia an update on events at the August 21-22 Nuclear
Suppliers Group (NSG) Plenary in Vienna. The Ambassador expressed
disappointment and shock at the positions that many of the NSG members
took. USG officials had engaged with the NSG members in the lead-up to
the Plenary and the members had signaled that they were "supportive"
but had "concerns." The Ambassador then noted that NSG members
submitted over 60 amendments in the Vienna meeting to the draft NSG
exception that the U.S. had submitted. Ambassador Mulford observed
that the surprising number of substantial amendments nearly amounted
to a question of good faith, with key NSG members' non-proliferation
advocates allowed the upper hand. ¶3. (C) The Ambassador described to
Ahluwalia how the meeting in Vienna had 400 people ) minus the Indian
delegation that had to remain outside ) with all the chairs facing
forward toward the Chairman's desk, in a configuration that
discouraged debate and enabled NSG members to offer tough amendments
semi-anonymously. Ambassador Mulford also explained to Ahluwalia that
in the briefing with the Indian delegation ) primarily Foreign
Secretary Meno and Special Envoy Shyan Saran ) during a scheduled
break in the NSG Plenary, the Indian side solicited questions from the
NSG members. None were offered. US representative John Rood also
encouraged the participants to utilize the opportunity to ask
questions of the Indian delegation, but no one did. Looking Forward
--------------- ¶4. (C) The Ambassador then considered the next steps.
He noted that India and the US have negotiated a "clean" text, but
that he anticipates it will be an extremely hard sell in the next NSG
meeting in Vienna on September 4-5. Ambassador Mulford assured
Ahluwalia that the US goal was to try to keep the text "sacrosanct,"
with NSG member concerns limited to comments in the Chairman's
Summary. The Ambassador identified several text changes that he
thought would be unacceptable: the "multilateralization" of the Hyde
Act, and any language that demanded automatic sanctions in response to
further nuclear testing. Whether it would be possible to avoid such
language, Mulford didn't know. ¶5. (C) Secretary Rice had asked the
Ambassador to stay in Delhi during the September 4-5 Vienna Plenary to
engage the GoI if needed. Mulford noted that National Security Advisor
Narayanan had spoken with him that day and was not happy to learn that
the Ambassador would not be in Vienna to help move the deal through.
Mulford observed that one of the problems with the NSG meetings was
the representational mode )- that NSG members had designated their
non-proliferation advocates as participants at the Plenary rather than
senior political representatives who could see the big picture at
stake. The big issue for the NSG was whether the international
nonproliferation system would be stronger with India on the inside.
The US delegation on September 4-5 would be led by State Department
Under Secretary for Political Affairs Bill Burns, which added weight
to the meeting. ¶6. (C) Ambassador Mulford apprised Ahluwalia of his
discussions with the "Group of Six" like-minded country members of the
NSG ) Austria, Ireland, New Zealand, Netherlands, Norway and
Switzerland ) as well as with Canada and Japan. The Ambassador
explained that they needed to realize the importance of the NSG
exception to India. The Ambassador had pointed out to them that any
country that blocks the NSG waiver should understand that its
relationship with India would not be able to meet its maximum
potential as India was likely to start a blame game, should the NSG
NEW DELHI 00002367 002 OF 005 exception not go through. Ahluwalia
agreed that political pressure was needed to keep the focus on the big
picture. To that end, Ambassador Mulford pointed out, President Bush
and Secretary Rice were making calls to the leadership of these
countries; however, the non-proliferation issues were often emotive
for some countries. Some of the NSG representatives in Vienna had
never been to India and had an outdated view of the country and the
world today. ¶7. (C) Mulford pointed to the substantial reductions in
carbon-based emissions that would result from India,s access to
nuclear energy made possible by the civil nuclear initiative. The
Ambassador referenced an estimate that the amount of coal substituted
with nuclear energy in India over the next twenty years was equivalent
to half the amount of emissions from the state of California and more
than all of the EU25 emission cuts combined (Note: according to a
study by David Victor published by the Council on Foreign Relations,
July 18, 2006. End note). Ahluwalia responded that India,s lead
nuclear scientist, Department of Atomic Energy Chairman Dr. Anil
Kakodkar, had projected that by 2050 India's access to uranium through
the civil nuclear cooperation initiative would treble the amount of
uranium India could process and use toward nuclear energy, going from
the equivalent of 200,000 MW of power to 600,000 MW of power. But,
Ahluwalia questioned, do the nonproliferation people care? The
Ambassador responded that they apparently did not, since they went so
far as to request that the statements in the NSG waiver text referring
to the energy benefits of the deal be removed. ¶8. (C) Ahluwalia
opined that keeping the language on energy benefits in the text was
useful, if not to the NSG members, then to a larger audience that
would consider the text. The Ambassador concurred, noting that it was
important to get the text through the NSG quickly so that the
bilateral deal could move not just to Congress but also to President
Bush for needed presidential determinations. These determinations were
one-time requirements that did not need to be repeated in a new
administration. UPCOMING PRESIDENT-PRIME MINISTER MEETING
----------------------------------------- ¶9. (C) Ambassador Mulford
moved to the topic of the scheduled September 25 meeting between
President Bush and Prime Minister Singh in Washington. He asked
Ahluwalia what issues he thought the two leaders should discuss,
noting that the President was interested to know the latest on the
government's reform impulse that it indicated after winning the
confidence vote in Parliament in July. Ahluwalia started with a
longer-term observation: that the government's decision to part ways
with the Left was decided on the issue of the Indo-US civil nuclear
deal, but that the parting of ways was done with the sense of it being
a longer, durable split. In the short-term, Ahluwalia continued, there
is still the question of whether any legislative reforms can be done
before elections. He thought the most that could be done would be to
introduce the insurance amendment legislation that raises the cap on
foreign direct investment (FDI) from 26% to 49% and to pass the
pending banking amendment act that removes the limit on voting rights
of shareholders. Ahluwalia opined that introducing the insurance
legislation would be the government's signal of its commitment to
reform. He thought the banking amendment should go through, but it
mostly depends on whether the BJP signals its support, because
otherwise, the government is unlikely to be able to amass enough of
its new supporters to vote for the bill. ¶10. (C) The Deputy Chairman
also pointed to non-legislative reforms as being very possible. He
suggested that Commerce Minister Kamal Nath could do more on
investment (Note: The Commerce Ministry has the lead on the
government's FDI policy that designates most FDI caps in the country
not controlled by existing legislation. End note.) Ahluwalia also
looked to the Banking Roadmap which is supposed to be revisited by the
government and the central bank, the RBI, in 2009. He thought a new
roadmap that opened India's banking sector to more foreign
participation would not be issued until after national elections next
year. He noted that the currently scheduled October-November
parliamentary session was not very NEW DELHI 00002367 003 OF 005 long,
and that after that, there was not likely to be a substantive session
until after elections. He opined that since the deadline for a new
Parliament to be in session was May 2009, that elections would have to
be held by March. However, he noted, the election schedule would have
to work around key school exams during that part of the year. ¶11. (C)
Returning to the scope of possible reforms, Ahluwalia reiterated that
the Finance Minister wants to get the banking bill through and that on
non-legislative side, improving the investment environment through
"debugging" the "creaking machinery" of the bureaucracy would be an
important reform. The Ambassador supported the idea, noting that
several American companies , most recently Oshkosh and Sikorsky, had
been disqualified from bids just shortly before the bids were to be
opened, raising questions of transparency. Ahluwalia admitted that he
had not heard of these companies' situation. Ambassador Mulford
suggested the issue could be an agenda item for the October 14 CEO
Forum. Addressing the issue of questionable disqualifications would
help improve the business investment image of India. Ahluwalia agreed,
stressing that transparency was very important. However, he countered,
he has seen instances where foreign companies were properly
disqualified on a technicality that they knew of, yet failed to
communicate circumstances properly. Even so, the Ambassador said, it
would be a good idea not to have disqualifications occur just 1-2 days
before the opening of bids. EDUCATION FOCUS AT CEO FORUM
---------------------------- ¶12. (SBU) The Ambassador next suggested
that education collaboration might be a good agenda focus at the CEO
Forum, to which Ahluwalia agreed emphatically. Ambassador Mulford
asked about the possibility of commercial and military offsets being
used for investments in India's education sector. Ahluwalia expressed
the view that commercial offsets -- mostly generated from aviation
purchases -- were a more likely source of revenue for higher education
investments, because the Ministry of Defense is likely to use defense
procurement offsets with its captive, protected state interests. ¶13.
(SBU) Ahluwalia indicated that the Indian side is "keen" to step up
its educational dialogue with the United States and may wish to have
it included in the joint statement between the President and the Prime
Minister at their meeting in late September. He went on to suggest
that, at the October 14 CEO Forum, the CEOs could "sanctify" a plan to
move forward on education collaboration. He explained that he has been
reaching out to Indian CEOs and to prominent Indians in the US, asking
for suggestions for cooperation between Indian and American
universities. He was trying to get the Secretary of Higher Education
to the CEO Forum to help get acceptance and commitment to moving
forward on some kind of collaboration. Under Indian law, Ahluwalia
asserted, all kinds of foreign investment in education was possible
short of giving a foreign university degree. He wanted to get the CEO
Forum to "sanctify" support for enhanced cooperation and to establish
a formal framework. Ahluwalia also noted that, in addition to support
for the idea, he wanted the private sector to help pick up the costs
of exchanging students or faculty between Indian and American
universities. ¶14. (SBU) The Ambassador asked for clarification that
newly established programs could be for-profit, but Ahluwalia
explained that for-profit universities are not currently allowed in
India, based on a Supreme Court decision. But, he observed, several
states were taking the lead in developing new education efforts, such
as the Indian School of Business in Hyderabad or Haryana Chief
Minister Hooda's plan to build an education city north of Delhi.
India's private universities and schools get around the obligation to
be nonprofit institutions by establishing a trust or society that
contained hidden fees or very profitable hidden lease and other costs
passed from the nonprofit educational subsidiary to a holding
company's real estate subsidiary. ¶15. (SBU) Ahluwalia explained that
he had proposed to Bill Harrison, former CEO of JP Morgan and lead US
CEO of the CEO NEW DELHI 00002367 004 OF 005 Forum, that a subgroup be
created to identify areas of educational collaboration. He had
proposed that Infosys co-founder Nandan Nilekani be the Indian side
lead, and had asked Dan Price for suggestions on a lead from the US
side. Ahluwalia claimed that some collaborations are already underway
between US universities and the Indian Institutes of Technology (IITs)
and of Management (IIMs), India's premier universities. In fact,
Ahluwalia asserted, it would not be a problem for US universities to
identify an Indian university partner, where each side would send
students for a part of the home program to study in the partner
university and recognize the credits of each other towards the home
degree. ¶16. (SBU) Embassy Public Affairs Counselor Schwartz asked
whether Ahluwalia had ideas for specific deliverables that could be
announced at the CEO Forum or proposed actions for the Education
Working Group. Ahluwalia opined that there might be a limited
deliverable, such as announcing that Nandan Nilekani and a US
counterpart as co-chairs of a group to provide a report to both
governments after the Indian elections. Schwartz asked whether a
previously discussed idea, the creation of a junior faculty
development program, perhaps funded by commercial offsets, could be
kicked off at the CEO Forum working group meeting. Ahluwalia thought
that was a good idea, adding that there was no doubt that a report
from the CEO Forum working group to pinpoint the use of offsets would
find a lot of takers and proposed that the idea of offsets be cast as
a note of suggestion, along with other suggestions, for review by
Nilekani's group. (Comment: Ahluwalia's suggestion sidestepped
Schwartz's proposal of obtaining GOI government approval for the use
of offsets by simply incorporating it as an area of study for the
newly formed group. End comment.) ¶17. (SBU) Schwartz suggested that
another deliverable might be the establishment of a US - India Higher
Education Council, which ECA Assistant Secretary Goli Ameri had agreed
to fund during her recent trip to India. The Council would be housed
for simplicity at the Fulbright Commission which has a bilateral Board
of Directors and serve as a regular consultative body for educators,
along with their supporters in government and industry. Ahluwalia
thought that made "a lot of sense," and suggested that in advance of
the CEO Forum meeting, it would be good to discuss the idea with MEA
Joint Secretary Gaitri Kumar and CII leader Tarun Das. DE-CONSTRUCTING
DOHA -------------------- ¶18. (C) Ambassador Mulford lastly noted to
Ahluwalia that President Bush might wish to discuss with Prime
Minister Singh the recent failed mini-Ministerial in Geneva on the
Doha Round. Mulford asked Ahluwalia if he thought it worth raising, to
which Ahluwalia replied that anything that the President felt should
be raised would be fine and in fact the two had often exchanged views
on Doha before. Further, Ahluwulia felt that if the US judged there
was the possibility of movement, then a discussion at the Bush-Singh
level would be especially useful. Ahluwalia noted that he had not yet
received a full briefing from the Indian delegation, but that Joint
Secretary Gopal Krisha was scheduled to come over during the week to
discuss with him. However, Ahluwalia said that he had heard from the
US National Security Council's Dan Price on the August meeting.
Ahluwalia understood that the breaking point had been over the special
safeguard mechanism (SSM). The Indian view, Ahluwalia believed, was
that the 40% increase in imports as the threshold trigger for raising
tariff rates was too high. As an economist, Ahluwalia opined, he
didn't understand why the percentage of imports had been used. More
relevant, he asserted, was the size of imports to the economy. The
larger the importance of imports to the economy, the more important a
small increase in imports was. ¶19. (C) Ahluwalia further offered that
his limited understanding from the Indian side was that U.S. Trade
Representative (USTR) Susan Schwab had hardened the US position on SSM
and would not consider a compromise proposal that would have phased in
an increase in the import increase trigger. The Ambassador quickly
countered that the US perceived that India had hardened its stance on
SSM after Commerce Minister Nath had returned to Geneva from the July
NEW DELHI 00002367 005 OF 005 21 Confidence Vote in the Indian
Parliament, and that the change was unexpected. Ahluwalia replied
indirectly, noting that India's view of the SSM was that since the
main proposal for the Doha bound rates was so similar to the rates
from the Uruguay Round that the SSM only applied to Uruguay products
with no margins. The key question was what should be the trigger for
raising tariffs under the SSM? Economic Counselor Davison explained
that SSM was very important to US agricultural interests. Many of them
felt that without the SSM, the US concessions on agriculture were too
much. They felt the overall package would not have resulted in
increased and predictable access to Indian markets. ¶20. (C) As the
meeting drew to a close, Ahluwalia reiterated that he agreed with the
Ambassador that the President and Prime Minister should discuss Doha
at their meeting. Ahluwalia thought there was maybe a communication
issue that could be addressed. The Indian government, he assured the
Ambassador, was not taking the view that there was nothing there at
Doha for India. If there are small points where re-thinking and
clarification could be made, and USTR Schwab and Minister Nath were to
meet again before the President-PM meeting, then it would be useful to
know what the US needs are. If it is just this "SSM thing" of choosing
between either no SSM until 40% or creating a lower, graduating
trigger, Ahluwalia concluded, then it did not seem to be a major
difference. MULFORD MULFORD






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