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OCR for page 69
EConvention on the Prohiblion of the Development, Production, and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on
Their Destruction
Signed at Washington, London, and Moscow April ~ 0,1972
Ratification 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 March 26, 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 towards general and complete
disarmament, including the prohibition and elimination of all types of weapons of mass
destruction, and convinced that the prohibition of 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 under strict and
effective international control,
Recognizing the important significance of the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at
Geneva on June ~7, ~925, and conscious also of the contribution which the said Protocol has
already made, and continues to make, to mitigating the horrors of war,
Reaffirming their adherence to the principles and objectives of that Protocol and calling upon all
States to comply strictly with them,
Recalling that the General Assembly of the United Nations has repeatedly condemned all actions
contrary to the principles and objectives of the Geneva Protocol of June 17, 1925,
Desiring to contribute to the strengthening of confidence between peoples and the general
improvement of the international atmosphere,
Desiring also to contribute to the realization of the purposes and principles of the Charter of the
United Nations,
Convinced of the importance and urgency of eliminating from the arsenals of States, through
effective measures, such dangerous weapons of mass destruction as 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 achievement of agreement on effective
measures also for the prohibition of the development, production and stockpiling of chemical
weapons, and determined to continue negotiations to that end,
OCR for page 70
Determined, for the sake of all mankind, to exclude completely the possibility of bacteriological
(biological) agents and toxins being used as weapons,
Convinced that such use would be repugnant to the conscience of mankind and 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 circumstances to develop, produce,
stockpile or otherwise acquire or retain:
(] ~ Microbial or other biological agents, or toxins whatever their origin or method of production,
of types and in quantities that have no justification for prophylactic, protective or other peaceful
purposes;
(2) Weapons, equipment or means of delivery designed to use such agents or toxins for hostile
purposes or in armed conflict.
Article I!
Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as
soon as possible but not later than nine months after the entry into force of the Convention, all
agents, toxins, weapons, equipment and means of delivery specified in article ~ of the
Convention, which are in its possession or under its jurisdiction or control. in implementing the
provisions of this article all necessary safety precautions shall be observed to protect populations
and the environment.
Article III
Each State Party to this Convention undertakes not to transfer to any recipient whatsoever,
directly or indirectly, and not in any way to assist, encourage, or induce any State, group of
States or international organizations to manufacture or otherwise acquire any of the agents,
toxins, weapons, equipment or means of delivery specified in article ~ of the Convention.
Article IV
Each State Party to this Convention shall, in accordance with its constitutional processes, 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 ~ of the Convention, within the territory of such State, under its jurisdiction or
under its control anywhere.
Article V
The States Parties to this Convention undertake to consult one another and to cooperate in
solving any problems which may arise in relation to the objective of, or in the application of the
provisions of, the Convention. Consultation and cooperation pursuant to this article may also be
OCR for page 71
undertaken through appropriate international procedures within the framework of the United
Nations and in accordance with its Charter.
Article VI
(1) Any State Party to this Convention which finds that any other State Party is acting in breach
of obligations deriving from the provisions of the Convention may lodge a complaint with the
Security Council of the United Nations. Such a complaint should include all possible evidence
confirming its validity, as well as a request for its consideration by the Security Council.
~. e
(2) L;ach State Party to this (convention undertakes to cooperate in 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 Council
shall inform the States Parties to the Convention of the results of the investigation.
Article VI!
leach state Party to this convention undertakes to provide or support assistance, in accordance
with the United Nations Charter, to any Party to the Convention which so requests, if the
Security Council decides that such Party has been exposed to danger as a result of violation of
the Convention.
Article VIll
Nothing in this Convention shall be interpreted as in any way limiting or detracting from the
obligations assumed by any State under the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at
Geneva on June 17, 1925.
Article IX
Each State Party to this Convention affirms the recognized objective of effective prohibition of
chemical weapons and, to this end, undertakes to continue negotiations in good faith with a view
to reaching early agreement on effective measures for the prohibition of their development,
production and stockpiling and for their destruction, and on appropriate measures concerning
equipment and means of delivery specifically designed for the production or use of chemical
agents for weapons purposes.
Article X
(~) The States Parties to this Convention undertake to facilitate, and have 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 Convention in a position to do so shall also cooperate in contributing individually
or together with other States or international organizations to the further development 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 hampering the
economic or technological development of States Parties to the Convention or international
OCR for page 72
cooperation in the field of peaceful bacteriological (biological) activities, including the
international exchange of bacteriological (biological) agents and toxins and equipment for the
processing, use or production of bacteriological (biological) agents and toxins for peaceful
purposes in accordance with the provisions of the Convention.
Article XI
Any State Party may propose amendments to this Convention. Amendments shall enter into force
for each State Party accepting the amendments upon their acceptance by a majority of the States
Parties to the Convention and thereafter for each remaining State Party on the date of acceptance
by it.
Article XT}
Five years after the entry into force of this Convention, or earlier if it is requested by a majority
of Parties to the Convention by submitting a proposal to this effect to the Depositary
Governments, a conference of States Parties to the Convention shall be held at Geneva,
Switzerland, to review the operation of the Convention, with a view to assuring that the purposes
of the preamble and the provisions of the Convention, including the provisions concerning
negotiations on chemical weapons, are being realized. Such review shall take into account any
new scientific and technological developments relevant to the Convention.
Article XIll
(1) This Convention shall be of unlimited duration.
(2) Each State Party to this Convention shall in exercising its national sovereignty have the right
to withdraw from the Convention if it decides that extraordinary events, related to the subject
matter of the Convention, have jeopardized the supreme interests of its country. It shall give
notice of such withdrawal to all other States Parties to the Convention and to the United Nations
Security Council three months in advance. Such notice shall include a statement of the
extraordinary events it regards as having jeopardized its supreme interests.
Article XIV
(~) This Convention shall be open to all States for signature. Any State which does not sign the
Convention before its entry into force in accordance with 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 deposited with the Governments of the United States of
America, the United Kingdom of Great Britain and Northern {relend and the Union of Soviet
Socialist Republics, which are hereby designated the Depositary Governments.
(3) This Convention shall enter into force after the deposit of instruments of ratification by
twenty-two Governments, including the Governments designated as Depositary of the
Convention.
(4) For States whose instruments of ratification or accession are deposited subsequent to the
entry into force of this Convention, it shall enter into force on the date of the deposit of their
instruments of ratification or accession.
OCR for page 73
(5) The Depositary Governments shall promptly inform all signatory and acceding States of the
date of each signature, the date of deposit of each instrument of ratification or of accession and
the date of the entry into force of this Convention, and of the receipt of other notices.
(6) This Convention shall be registered by the Depositary Governments pursuant to Article 102
of the Charter of the United Nations.
Article XV
This Convention, the English, Russian, French, Spanish and Chinese texts of which are equally
authentic, shall be deposited in the archives of the Depositary Governments. Duly certified
copies of the Convention shall be transmitted by the Depositary Governments to the
Governments of the signatory and acceding states.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention.
DONE in triplicate, at the cities of Washington, London and Moscow, this tenth day of April,
one thousand nine hundred and seventy-two.
Source: U.S. Arms Control and Disarmament Agency
Representative terms from entire chapter:
states parties
