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Convention on the Prohibition of the Development, Productionand Stockpiling of Bacteriological (Biological) and Toxin Weapons and ontheir Destruction Signed at Washington, London, and Moscow April 10,1972Ratification advised by U.S. Senate December 16, 1974 Ratified by U.S. President January 22, 1975 U.S. ratification deposited at Washington, London, and Moscow March26, 1975 Proclaimed by U.S. President March 26, 1975 Entered into force March 26, 1975 The States Parties to this Convention, Determined to act with a view to achieving effective progress towardsgeneral and complete disarmament, including the prohibition and eliminationof all types 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 thatProtocol and 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 theGeneva Protocol 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 Charter of 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 towardsthe achievement of agreement on effective measures also for the prohibitionof the development, production and stockpiling of chemical weapons, anddetermined to continue negotiations 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 theirorigin or method of production, of types and in quantities that have nojustification for prophylactic, protective or other peaceful purposes; (2) Weapons, equipment or means of delivery designed to use suchagents or 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 the entry into force of the Convention, all agents, toxins, weapons,equipment and means of delivery specified in article I of the Convention,which are in 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 anyrecipient whatsoever, directly or indirectly, and not in any way to assist,encourage, or induce any State, group of States or international organizationsto manufacture or otherwise acquire any of the agents, toxins, weapons,equipment or means of delivery specified in article I of the 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 theConvention, within the territory of such State, under its jurisdictionor under its control anywhere. Article V The States Parties to this Convention undertake to consult one anotherand to cooperate in solving any problems which may arise in relation tothe objective 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 cooperatein carrying out any investigation which the Security Council may initiate,in accordance with the provisions of the Charter of the United Nations,on the basis of the complaint received by the Council. The Security Councilshall inform the States Parties to the Convention of the results of theinvestigation. Article VII Each State Party to this Convention undertakes to provide or supportassistance, in accordance with the United Nations Charter, to any Partyto the Convention which so requests, if the Security Council decides thatsuch Party has been exposed to danger as a result of violation of the Convention. Article VIII Nothing in this Convention shall be interpreted as in any way limitingor detracting 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 objectiveof effective prohibition of chemical weapons and, to this end, undertakesto continue 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 measuresconcerning equipment and means of delivery specifically designed for theproduction or use of chemical agents for weapons purposes. Article X (1) The States Parties to this Convention undertake to facilitate, andhave the 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 designedto avoid hampering the economic or technological development of StatesParties to the Convention or international cooperation in the field ofpeaceful bacteriological (biological) activities, including the internationalexchange of bacteriological (biological) agents and toxins and equipmentfor the processing, use or production of bacteriological (biological) agentsand toxins for peaceful purposes in accordance with the provisions of theConvention. Article XI Any State Party may propose amendments to this Convention. Amendmentsshall enter into force for each State Party accepting the amendments upontheir acceptance by a majority of the States Parties to the Conventionand thereafter for each remaining State Party on the date of acceptanceby it. Article XII Five years after the entry into force of this Convention, or earlierif it 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,to review the operation of the Convention, with a view to assuring thatthe purposes 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 itsnational sovereignty have the right to withdraw from the Convention ifit decides that extraordinary events, related to the subject matter ofthe Convention, have jeopardized the supreme interests of its country.It shall give notice of such withdrawal to all other States Parties tothe Convention and to the United Nations Security Council three monthsin advance. Such notice shall include a statement of the extraordinaryevents it regards as having jeopardized 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 signatoryStates. Instruments of ratification and instruments of accession shallbe deposited with the Governments of the United States of America, theUnited Kingdom of Great Britain and Northern Ireland and the Union of SovietSocialist Republics, which are hereby designated the Depositary Governments. (3) This Convention shall enter into force after the deposit ofinstruments of ratification by twenty-two Governments, including the Governmentsdesignated as Depositaries of the Convention. (4) For States whose instruments of ratification or accessionare deposited subsequent to the entry into force of this Convention, itshall enter into force on the date of the deposit of their instrumentsof ratification or accession. (5) The Depositary Governments shall promptly inform all signatoryand acceding States of the date of each signature, the date of depositof each instrument of ratification or of accession and the date of theentry into force of this Convention, and of the receipt of other notices. (6) This Convention shall be registered by the Depositary Governmentspursuant to 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. IN WITNESS WHEREOF the undersigned, duly authorized, havesigned this Convention. DONE in triplicate, at the cities of Washington, Londonand Moscow, this tenth day of April, one thousand nine hundred and seventy-two.
Source: U.S. State Department |