Commonwealth Numbered Acts

CRIMES (BIOLOGICAL WEAPONS) ACT 1976 No. 11 of 1977 - SCHEDULE

SCHEDULE
Section 3 CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON
THEIR DESTRUCTION

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 stock-piling 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,

Recognising 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 17 June 1925, 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 17 June 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 realisation 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,

Recognising 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,

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 minimise 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:

(1) 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 II

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 I 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 organisations
to 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
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
I 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
co-operate 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 co-operation pursuant to this Article may also be 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.

(2) Each State Party to this Convention undertakes to co-operate 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 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
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 VIII

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 17 June 1925.

ARTICLE IX

Each State Party to this Convention affirms the recognised 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

(1) 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 co-operate in contributing
individually or together with other States or international organisations to
the further development and application of scientific discoveries in the field
of bacteriology (biology) for the 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 co-operation 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 XII

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 realised. Such review
shall take into account any new scientific and technological developments
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 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
jeopardised 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 jeopardised its
supreme interests.

ARTICLE XIV

(1) 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 Kingdom of Great Britain and Northern
Ireland, the Union of Soviet Socialist Republics and the United States of
America, 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 Depositaries 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.

(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.
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