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The
Biological and Toxin Weapons Convention
Return
to the Project on Strengthening the BTWC
Convention
on the Prohibition of the Development, Production and Stockpilingof
Bacteriological (Biological) and Toxin Weapons and on Their Destruction.
Signed
at London, Moscow and Washington on 10 April 1972.
Entered
into force on 26 March 1975
Depositaries:
U.K., U.S. and Soviet governments.
The
States Parties to this Convention,
Determined
to act with a view to achieving effective progress towards
generaland complete disarmament, including the prohibition and
elimination of alltypes of weapons of mass destruction, and convinced
that the prohibitionof the development, production and stockpiling of
chemical and bacteriological(biological) weapons and their
elimination, through effective measures,will facilitate the
achievement of general and complete disarmament understrict and
effective international control,
Recognizing
the important significance of the Protocol for the Prohibitionof the
Use in War of Asphyxiating, Poisonous or Other Gases, and of
BacteriologicalMethods of Warfare, signed at Geneva on June 17, 1925,
and conscious alsoof the contribution which the said Protocol has
already made, and continuesto make, to mitigating the horrors of war,
Reaffirming
their adherence to the principles and objectives of that Protocoland
calling upon all States to comply strictly with them,
Recalling
that the General Assembly of the United Nations has
repeatedlycondemned all actions contrary to the principles and
objectives of the GenevaProtocol of June 17, 1925,
Desiring
to contribute to the strengthening of confidence between peoplesand
the general improvement of the international atmosphere,
Desiring
also to contribute to the realization of the purposes and
principlesof the United Nations,
Convinced
of the importance and urgency of eliminating from the arsenalsof
States, through effective measures, such dangerous weapons of mass
destructionas those using chemical or bacteriological (biological) agents,
Recognizing
that an agreement on the prohibition of bacteriological
(biological)and toxin weapons represents a first possible step
towards the achievementof agreement on effective measures also for
the prohibition of the development,production and stockpiling of
chemical weapons, and determined to continuenegotiations to that end,
Determined
for the sake of all mankind, to exclude completely the possibilityof
bacteriological (biological) agents and toxins being used as weapons,
Convinced
that such use would be repugnant to the conscience of mankindand
that no effort should be spared to minimize this risk,
Have
agreed as follows:
Article
I
Each
State Party to this Convention undertakes never in any
circumstancesto develop, produce, stockpile or otherwise acquire or retain:
(1) Microbial
or other biological agents, or toxins whatever their originor method
of production, of types and in quantities that have no
justificationfor prophylactic, protective or other peaceful purposes;
(2)
Weapons, equipment or means of delivery designed to use such
agentsor toxins for hostile purposes or in armed conflict.
Article
II
Each
State Party to this Convention undertakes to destroy, or to divertto
peaceful purposes, as soon as possible but not later than nine
monthsafter entry into force of the Convention, all agents, toxins,
weapons, equipmentand means of delivery specified in article I of the
Convention, which arein its possession or under its jurisdiction or
control. In implementingthe provisions of this article all necessary
safety precautions shall beobserved to protect populations and the environment.
Article
III
Each
State Party to this Convention undertakes not to transfer to any
recipientwhatsoever, directly or indirectly, and not in any way to
assist, encourage,or induce any State, group of States or
international organizations to manufactureor otherwise acquire any of
the agents, toxins, weapons, equipment or meansof delivery specified
in article I of this Convention.
Article
IV
Each
State Party to this Convention shall, in accordance with its
constitutionalprocesses, take any necessary measures to prohibit and
prevent the development,production, stockpiling, acquisition, or
retention of the agents, toxins,weapons, equipment and means of
delivery specified in article I of the Convention,within the
territory of such State, under its jurisdiction or under itscontrol anywhere.
Article
V
The
States Parties to this Convention undertake to consult one another
andto cooperate in solving any problems which may arise in relation
to theobjective of, or in the application of the provisions of, the
Convention.Consultation and Cooperation pursuant to this article may
also be undertakenthrough appropriate international procedures within
the framework of theUnited Nations and in accordance with its Charter.
Article
VI
(1)
Any State Party to this convention which finds that any other
StateParty is acting in breach of obligations deriving from the
provisions ofthe Convention may lodge a complaint with the Security
Council of the UnitedNations. Such a complaint should include all
possible evidence confirmingits validity, as well as a request for
its consideration by the SecurityCouncil.
(2)
Each State Party to this Convention undertakes to cooperate in
carryingout any investigation which the Security Council may
initiate, in accordancewith the provisions of the Charter of the
United Nations, on the basis ofthe complaint received by the Council.
The Security Council shall informthe States Parties to the Convention
of the results of the investigation.
Article
VII
Each
State Party to this Convention undertakes to provide or support
assistance,in accordance with the United Nations Charter, to any
Party to the Conventionwhich so requests, if the Security Council
decides that such Party has beenexposed to danger as a result of
violation of the Convention.
Article
VIII
Nothing
in this Convention shall be interpreted as in any way limiting
ordetracting from the obligations assumed by any State under the
Protocolfor the Prohibition of the Use in War of Asphyxiating,
Poisonous or OtherGases, and of Bacteriological Methods of Warfare,
signed at Geneva on June17, 1925.
Article
IX
Each
State Party to this Convention affirms the recognized objective
ofeffective prohibition of chemical weapons and, to this end,
undertakes tocontinue negotiations in good faith with a view to
reaching early agreementon effective measures for the prohibition of
their development, productionand stockpiling and for their
destruction, and on appropriate measures concerningequipment and
means of delivery specifically designed for the productionor use of
chemical agents for weapons purposes.
Article
X
(1)
The States Parties to this Convention undertake to facilitate, and
havethe right to participate in, the fullest possible exchange of
equipment,materials and scientific and technological information for
the use of bacteriological(biological) agents and toxins for peaceful
purposes. Parties to the Conventionin a position to do so shall also
cooperate in contributing individuallyor together with other States
or international organizations to the furtherdevelopment and
application of scientific discoveries in the field of
bacteriology(biology) for prevention of disease, or for other
peaceful purposes.
(2)
This Convention shall be implemented in a manner designed to avoid
hamperingthe economic or technological development of States Parties
to the Conventionor international cooperation in the field of
peaceful bacteriological (biological)activities, including the
international exchange of bacteriological (biological)and toxins and
equipment for the processing, use or production of
bacteriological(biological) agents and toxins for peaceful purposes
in accordance withthe provisions of the Convention.
Article
XI
Any
State Party may propose amendments to this Convention. Amendments
shallenter into force for each State Party accepting the amendments
upon theiracceptance by a majority of the States Parties to the
Convention and thereafterfor each remaining State Party on the date
of acceptance by it.
Article
XII
Five
years after the entry into force of this Convention, or earlier ifit
is requested by a majority of Parties to the Convention by
submittinga proposal to this effect to the Depositary Governments, a
conference ofStates Parties to the Convention shall be held at
Geneva, Switzerland, toreview the operation of the Convention, with a
view to assuring that thepurposes of the preamble and the provisions
of the Convention, includingthe provisions concerning negotiations on
chemical weapons, are being realized.Such review shall take into
account any new scientific and technologicaldevelopments relevant to
the Convention.
Article
XIII
(1)
This Convention shall be of unlimited duration.
(2)
Each State Party to this Convention shall in exercising its
nationalsovereignty have the right to withdraw from the Convention if
it decidesthat extraordinary events, related to the subject matter of
the Convention,have jeopardized the supreme interests of its country.
It shall give noticeof such withdrawal to all other States Parties to
the Convention and tothe United Nations Security Council three months
in advance. Such noticeshall include a statement of the extraordinary
events it regards as havingjeopardized its supreme interests.
Article
XIV
(1)
This Convention shall be open to all States for signature. Any
Statewhich does not sign the Convention before its entry into force
in accordancewith paragraph (3) of this Article may accede to it at
any time.
(2)
This Convention shall be subject to ratification by signatory
States.Instruments of ratification and instruments of accession shall
be depositedwith the Governments of the United States of America, the
United Kingdomof Great Britain and Northern Ireland and the Union of
Soviet SocialistRepublics, which are hereby designated the Depositary Governments.
(3)
This Convention shall enter into force after the deposit of
instrumentsof ratification by twenty-two Governments, including the
Governments designatedas Depositaries of the Convention.
(4)
For States whose instruments of ratification or accession are
depositedsubsequent to the entry into force of this Convention, it
shall enter intoforce on the date of the deposit of their instruments
of ratification oraccession.
(5)
The Depositary Governments shall promptly inform all signatory and
accedingStates of the date of each signature, the date of deposit or
each instrumentof ratification or of accession and the date of entry
into force of thisConvention, and of the receipt of other notices.
(6)
This Convention shall be registered by the Depositary Governments
pursuantto Article 102 of the Charter of the United Nations.
Article
XV
This
Convention, the English, Russian, French, Spanish and Chinese
textsof which are equally authentic, shall be deposited in the
archives of theDepositary Governments. Duly certified copies of the
Convention shall betransmitted by the Depositary Governments to the
Governments of the signatoryand acceding states.
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