Presentation Issued: 20/08/03 Page Update: 20/08/03 Geneva

Presentation by Angela Woodward, Legal Researcher
The Verification Research, Training and Information Centre (VERTIC)
at the BWPP Lunch Seminar
Geneva, Switzerland, 20 August 2003

VERTIC has been surveying the status of national implementing legislation adopted by BWC states parties to enforce the treaty's core prohibitions, contained in Article 1, since April 2002. The interim results of this survey are now available in VERTIC's report Time to lay down the law: the status of national laws to enforce the BWC, available at this meeting and on VERTIC's website www.vertic.org. VERTIC has also made available copies of legislative texts, specific provisions in legislation or descriptive summaries collected during the survey at http://www.vertic.org/datasets/bwlegislation.html.

This report is intended to assist states parties as they meet to discuss and promote common understandings and effective action on the adoption of national measures to implement the BWC, including the enactment of penal legislation. VERTIC believes that, in addition to any other measures states may implement, each state party must adopt appropriate legislation to ensure that all treaty-prohibited activity committed within its jurisdiction is an offence. Such offences should be subject to appropriate penalties which will effectively deter potential violators and punish perpetrators.

Key findings:

• Information on the status of measures was identified for 98 of the 150 states parties, 31 of which responded to VERTIC's survey questionnaire
• No information was obtained for many states parties in Africa (65%), Asia (42%) and the Americas (33%)
• At least 25 states parties have sought to fulfil their implementation obligations by adopting BWC-specific legislation and a few of these have replicated the treaty definitions
• Other states parties have adopted legislation which may possibly enforce the prohibitions but which do not duplicate or replicate treaty language
• A wide range of penalties have been imposed, including minimal fines, life imprisonment and restrictions on holding professional office
• Some states have made provision for investigative and other enforcement powers and establishing a national focal point for treaty implementation.

VERTIC's recommendations:

• States parties should reach common understandings on at least the minimum measures to be implemented and agree that further measures may be needed
• States parties should consider the desirability of replicating treaty language in legislation to avoid creating loopholes
• At a minimum, national measures should:
  • be enforceable against all natural and legal persons in all areas under the state's jurisdiction, including extension to any external territories
  • facilitate effective investigation and enforcement
  • contain appropriate penal sanctions for violations
• States parties should consider establishing a mechanism for sharing their experience, expertise and resources in respect of the adoption of national implementation measures for the BWC.

VERTIC welcomes comments on the report and the legislation website and the submission of additional information on national implementation legislation and copies of texts using the survey questionnaire (available in Arabic, English, French and Spanish at VERTIC's website). A final report detailing findings of the project will be presented at the BWC Meeting of States Parties in November 2003.

This report was presented at the lunch seminar on "National implementation legislation and biosafety issues" (Palais des Nations, Geneva, Switzerland