Memorandum submitted by Foreign and Commonwealth
Office
CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT,
PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND
TOXIN WEAPONS AND ON THEIR DESTRUCTION
LONDON, MOSCOW,
WASHINGTON 10 APRIL
1972 (ENTERED INTO
FORCE ON
26 MARCH, 1975)
States which have signed, ratified or acceded
at London
State | Date of Signature
| Date of deposit of Instrument of Ratification
|
United Kingdom* | 10 April, 1972
| 26 March, 19751,6
|
Russian Federation |
| |
(formerly Union of Soviet Socialist Republics)
| 10 April 1972 |
26 March, 1975 |
United States of America | 10 April, 1972
| 26 March, 1975 |
Afghanistan | 10 April, 1972
| 26 March, 1975 |
Australia* | 10 April, 1972
| 5 October, 1977
|
Austria | 10 April, 1972
| 10 August, 1973
|
Belgium | 10 April, 1972
| 15 March, 1979 |
Brazil | 10 April, 1972
| 27 February, 1973
|
Bulgaria | 10 April, 1972
| 2 August, 1972 |
Burma | 10 April, 1972
| |
Canada | 10 April, 1972
| 18 September, 1972
|
Chile | 10 April, 1972
| 22 April, 1980 |
Cyprus | 10 April, 1972
| 6 November, 1973
|
Czechoslovakia2 | 10 April, 1972
| 30 April, 1973 |
Denmark | 10 April, 1972
| 1 March, 1973 |
Egypt, Arab Republic of | 10 April, 1972
| |
Ethiopia | 10 April, 1972
| 26 May, 1975 |
Finland | 10 April, 1972
| 4 February, 1974
|
Gabon | 10 April, 1972
| |
Germany, Federal Republic of | 10 April, 1972
| 7 April, 1983 |
Greece | 10 April, 1972
| |
Hungary | 10 April, 1972
| 27 December, 1972
|
Iceland | 10 April, 1972
| 15 February, 1973
|
Ireland* | 10 April, 1972
| 27 October, 1972
|
Italy | 10 April, 1972
| 30 May, 1975 |
Japan | 10 April, 1972
| 18 June, 1982 |
Korea* | 10 April, 1972
| 25 June, 1987 |
Laos | 10 April, 1972
| 25 April, 1973 |
Lebanon | 10 April, 1972
| 26 March, 1975 |
Luxembourg | 10 April, 1972
| 23 March, 1976 |
Malaysia* | 10 April, 1972
| 6 September, 1991
|
Mexico | 10 April, 1972
| 8 April, 1974 |
Mongolia | 10 April, 1972
| 14 September, 1972
|
Nepal | 10 April, 1972
| |
Netherlands | 10 April, 1972
| 22 June, 19813 |
New Zealand | 10 April, 1972
| 18 December, 1972
|
Nicaragua | 10 April, 1972
| |
Norway | 10 April, 1972
| 1 August, 1973 |
Pakistan | 10 April, 1972
| 3 October, 1974
|
Peru | 10 April, 1972
| 5 June, 1985 |
Philippines | 10 April, 1972
| |
Poland | 10 April, 1972
| 25 January, 1973
|
Romania | 10 April, 1972
| 26 July, 1979 |
Spain | 10 April, 1972
| 20 June, 1979 |
Sri Lanka (formerly Ceylon) | 10 April, 1972
| 18 November, 1986
|
Switzerland* | 10 April, 1972
| 4 May, 1976 |
Tunisia | 10 April, 1972
| 6 June, 1973 |
Turkey | 10 April, 1972
| 4 November, 1974
|
Yugoslavia | 10 April, 1972
| 25 October, 1973
|
Liberia | 14 April, 1972
| |
Jordan | 17 April, 1972
| 27 June, 1975 |
Kuwait* | 27 April, 1972
| 26 July, 1972 |
Morocco | 2 May, 1972
| |
Yemen Arab Republic | 10 May, 1972
| |
Singapore | 19 June, 1972
| 2 December, 1975
|
Indonesia | 21 June, 1972
| 19 February, 1992
|
Nigeria | 10 July, 1972
| 9 July, 1973 |
Argentine Republic | 3 August 1972
| 5 December, 1979
|
The Gambia | 8 August, 1972
| 7 May, 1997 |
Tanzania | 16 August, 1972
| |
Malta | 11 September, 1972
| 7 April, 1975 |
United Arab Emirates | 28 September, 1972
| |
Madagascar | 13 October, 1972
| |
Qatar | 14 November, 1972
| 17 April, 1975 |
Iran | 16 November, 1972
| 22 August, 1973
|
Sierra Leone | 24 November, 1972
| 29 June, 1976 |
India* | 15 January, 1973
| 15 July, 1974 |
Mauritius | (Note No 4)
| 11 January, 1973
|
Fiji | 22 February, 1973
| 1 October, 1973
|
San Marino | 21 March, 1973
| 11 March, 1975 |
Sweden | 27 February, 1975
| 5 February, 1976
|
Portugal | (Note No 4)
| 15 May, 1975 |
Rwanda | (Note No 4/5)
| 20 May, 1975 |
Ghana | (Note No 4/5)
| 6 June, 1975 |
Zaire | (Note No 4/5)
| 16 September, 1975
|
Lesotho | (Note No 4)
| 6 September, 1977
|
Venezuela | (Note No 4)
| 18 October, 1978
|
|
ACCESSIONS |
State |
| Date of deposit of Instrument of Accession
|
Jamaica |
| 13 August, 1975
|
Kenya |
| 7 January, 1976
|
Tonga |
| 28 September, 1976
|
Seychelles |
| 11 October, 1979
|
Papua New Guinea |
| 27 October, 1980
|
France |
| 27 September, 1984
|
China, People's Republic of*6 |
| 15 November, 1984
|
Bangladesh |
| 13 March, 1985 |
Grenada |
| 22 October, 1986
|
Bahamas |
| 26 November, 1986
|
Bahrain* |
| 28 October, 1988
|
Zimbabwe |
| 5 November, 1990
|
Brunei |
| 31 January, 1991
|
St Kitts and Nevis |
| 2 April, 1991 |
Liechtenstein |
| 6 June, 1991 |
Swaziland |
| 18 June, 1991 |
Albania |
| 11 August, 1992
|
Suriname |
| 6 January, 1993
|
Georgia |
| 22 May, 1996 |
Latvia |
| 6 February, 1997
|
Lithuania |
| 10 February, 1998
|
Monaco |
| 30 April, 1999 |
|
SUCCESSION |
State |
| Date of deposit of Instrument of Succession
|
Solomon Islands |
| 17 June, 1981 |
Belize |
| 20 October, 1986
|
Saint Lucia |
| 26 November, 1986
|
Slovenia |
| 7 April, 1992 |
Czech Republic* |
| 5 April, 1993 |
Slovakia* |
| 17 May, 1993 |
Macedonia, Republic of |
| 14 March, 1997 |
St. Vincent and the Grenadines |
| 13 May, 1999 |
Notes:
* See Declarations and Reservations.
1. The United Kingdom ratification was in respect of
the United Kingdom of Great Britain and Northern Ireland, Dominica
and Territories under the territorial sovereignty of the United
Kingdom, as well as the State of Brunei, the British Solomon Islands
Protectorate and, within the limits of United Kingdom jurisdiction
therein, the Condominium of the New Hebrides.
2. See now separate entries for the Czech Republic and
Slovakia.
3. Applied separately to Netherlands Antilles and Aruba
on 22 June 1981.
4. Signed at Washington.
5. Signed at Moscow.
6. Ceased to apply to Hong Kong wef 1 July 1997. Applies
to Hong Kong (SAR) wef 1 July 1997.
DECLARATIONS AND RESERVATIONS
AUSTRIA
Reservation (translation):
"Considering the obligations resulting from its status
as a permanently neutral state, the Republic of Austria declares
a reservation to the effect that its co-operation within the framework
of this Convention cannot exceed the limits determined by the
status of permanent neutrality and membership with the United
Nations. This reservation refers in particular to Article VII
of this Convention as well as to any similar provision replacing
or supplementing this Article."
BAHRAIN
Reservation:
"The accession by the State of Bahrain to the Convention
on the Prohibition of the Development, Production and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and on their
Destruction, 1972, shall in no way constitute recognition of Israel
or be a cause for the establishment of any relations of any kind
herewith."
CHINA, PEOPLE'S
REPUBLIC OF
Statement:
"1. The basic spirit of the Convention on the Prohibition
of Biological Weapons conforms to China's consistent position
and is conducive to the efforts of the world's peace-loving countries
and peoples in fighting against aggression and maintaining world
peace. China once was one of the victims of biological (bacteriological)
weapons. China has not produced or possessed such weapons and
will never do so in the future. However, the Chinese Government
considers that the Convention has its defects. For instance, it
fails to provide in explicit terms for the "prohibition of
the use of" biological weapons and the concrete and effective
measures for supervision and verification; it lacks forceful measures
of sanctions in the procedure of complaint against instances of
violation of the Convention. It is the hope of the Chinese Government
that these defects maybe made up or corrected at an appropriate
time.
2. It is also the hope of the Chinese Government that
a convention on complete prohibition and thorough destruction
of chemical weapons will soon be concluded.
3. The signature and ratification of the Convention by
the Taiwan authorities in the name of China on 10 April 1972 and
9 February 1973 are illegal and null and void."
CZECH REPUBLIC
In a Note dated 24 March 1993, received on 5 April 1993 the
Minister of Foreign Affairs for the Czech Republic notified the
Secretary of State for Foreign and Commonwealth Affairs of the
following:
"Upon the instruction of the Government of the Czech
Republic and referring to the Declaration of the Czech National
Council to All Parliaments and Nations of the World of 17 December
1992, I have the honour to communicate to Your Excellency the
following:
In conformity with the valid principles of international law
and to the extent defined by it, the Czech Republic, as a successor
State to the Czech and Slovak Federal Republic, considers itself
bound, as of 1 January 1993 i.e. the date of the dissolution of
the Czech and Slovak Federal Republic, by multilateral international
treaties to which the Czech and Slovak Federal Republic was a
party on that date, including reservations and declarations to
their provisions made earlier by the Czech and Slovak Federal
Republic.
From among the treaties deposited with the Government of the
United Kingdom of Great Britain and Northern Ireland this applies
also to the following:
Convention on the Prohibition of the Development, Production
and Stockpiling of Bacteriological (Biological) and Toxin Weapons
and on their Destruction, done at London, Washington and Moscow
on 10 April 1972."
INDIA
Statement on signature:
"India has stood for the elimination of both chemical
and bacteriological (biological) weapons. However, in view of
the situation that developed in regard to the discussions concerning
biological and chemical weapons, it became possible to reach agreement
at the present moment on a Convention on the elimination of biological
and toxin weapons only. Negotiations would need to be continued
for the elimination of chemical weapons also. It has been recognised
that, both in regard to the Convention on biological and toxin
weapons and in respect of future negotiations concerning chemical
weapons, the Geneva Protocol of 1925 should be safeguarded and
the inseparable link between prohibition of biological and chemical
weapons should be maintained.
India's position on the Convention on biological and toxin
weapons has been outlined in the statements of the representative
of India before the Conference of the Committee on Disarmament
(CCD) and the First Committee of the General Assembly.
The Government of India would like to reiterate in particular
its understanding that the objective of the Convention is to eliminate
biological and toxin weapons, thereby excluding completely the
possibility of their use, and that the exemption in regard to
biological agents or toxins, which would be permitted for prophylactic,
protective or other peaceful purposes would not, in any way, create
a loophole in regard to the production or retention of biological
and toxin weapons. Also, any assistance which might be furnished
under the terms of the Convention would be of medical or humanitarian
nature and in conformity with the Charter of the United Nations.
India's support of the Convention on biological and toxin
weapons is based on these main considerations. It is India's earnest
hope that the Convention will be adhered to by all States, including
all the major Powers, at a very early date."
This statement was reiterated on ratification.
IRELAND
Declaration:
"The accession on 29 August 1930 of the Government of
the Irish Free State to the Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological
Methods of Warfare, opened for signature at Geneva on 17 June
1925, was subject to the reservations that they did not intend
to assume by this accession any obligation except towards States
which had signed and ratified this Protocol or which would have
finally acceded thereto, and that in the event of the armed forces
of any enemy State or of any ally of such State failing to respect
the said Protocol, the Government of the Irish Free State would
cease to be bound by the said Protocol towards any such State.
The Government of Ireland recognise that the value of the
Convention on the Prohibition of the Development Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons
and on their Destruction which has been signed on their behalf
today, could be undermined if reservations made by Parties to
the 1925 Geneva Protocol were allowed to stand as the prohibition
of possession is incompatible with the right to retaliate. As
this Convention purports to strengthen the Geneva Protocol, there
should be an absolute and universal prohibition of the use of
the weapons in question. The Government of Ireland, accordingly,
have notified the depository Government for the 1925 Geneva Protocol
of their withdrawal of their reservations to the Protocol. The
withdrawal of these reservations applies to chemical as well as
to bacteriological (biological) and toxin agents of warfare."
KOREA
Statement:
"The signing by the Government of the Republic of Korea
of the present Convention does not in any way mean or imply the
recognition of any territory or regime which has not been recognised
by the Government of the Republic of Korea as a state or government."
KUWAIT
Understanding:
"In ratifying the Convention on the Prohibition of Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and their Destruction, 1972, the Government of the
State of Kuwait takes the view that its ratification does not
in any way imply its recognition of Israel, nor does it oblige
it to apply the provisions of the aforementioned Convention in
respect of the said country."
In tendering this "Understanding" the Government
of the State of Kuwait reaffirms its position its accepting the
obligations it has undertaken to assume by virtue of its ratification
of the said Convention. It also confirms that the last clause
of the "Understanding" does not prejudice the said indivisible
obligations.
MALAYSIA
Reservation:
"Malaysia's ratification of this Convention does not
in any way constitute recognition of the States of Israel and
South Africa nor does it consider itself duty bound by Article
VII to provide assistance to those two States."
MEXICO
Statement (translation):
"On signing the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological (Biological)
and Toxin Weapons and on their Destruction, the Government of
Mexico wishes to record that it:
1. Continues to be convinced that the same reasons which
made it advisable to prohibit biological and chemical weapons
jointly in the Geneva Protocol of 1925 exist now to strive to
pursue identical methods with respect to the prohibition of the
development, production and stockpiling of the said weapons, as
well as their elimination from the arsenals of all States.
2. Considers that the fact that the Convention now open
for signature applies solely to biological and toxin weapons should
be understood, as Resolution 2826 (XXVI) of the United Nations
General Assembly, to which the Convention is annexed, explicitly
indicates, to be merely a first stepthe only one which
it has proved possible to take for the time beingtowards
an agreement prohibiting also the development, production and
stockpiling of all chemical weapons.
3. Makes a note of the fact that the Convention contains
an express commitment to continue negotiations in good faith with
the aim of arriving at any early agreement on the prohibition
of the development, production and stockpiling of chemical weapons
and their destruction.
4. Makes a note, furthermore, that the General Assembly,
through its Resolution 2827 (XXVI), has requested the Conference
of the Disarmament Committee to continue, as a high priority item,
negotiations aimed at promptly reaching the agreement relative
to chemical weapons which is being sought; and that, in Resolution
2827 B (XXVI), the General Assembly has urged all States to commit
themselves, while the said agreement is being reached, to abstain
from all additional development, production and stock-piling of
those chemical substances capable of being used as weapons which,
on account of their degree of toxicity, have the highest lethal
effect and are not usable for peaceful purposes.
5. Is convinced that the success of the Convention relative
to biological weapons will depend, in the last resort, on the
manner in which the commitments under reference are honoured."
SLOVAKIA
In a Note dated 17 May 1993, received on 17 May 1993 the
Ministry of Foreign Affairs of the Slovak Republic notified the
Foreign and Commonwealth Office of the following:
"In conformity with the valid principles of international
law and to the extent defined by it, the Slovak Republic as one
of the successor States to the Czech and Slovak Federal Republic,
considers itself bound, as of 1 January 1993, ie the date of the
dissolution of the Czech and Slovak Federal Republic, by multilateral
international treaties to which the Czech and Slovak Federal Republic
was a party on that date, including reservations and declarations
to their provisons made earlier by the Czech and Slovak Federal
Republic.
From among the treaties deposited with the Government of the
United Kingdom of Great Britain and Northern Ireland this applies
to the following:
Convention on the Prohibition of the Development, Production
and Stockpiling of Bacteriological (Biological) and Toxin Weapons
and on their Destruction, done at London, Moscow and Washington
on 10 April 1972."
SWITZERLAND
Declarations on signature:
1. "En Suisse, la Convention ne sera pas soumise
a" la procédure parlementaire d'approbation précédant
la ratification avant qu'elle ait atteint le degré d'universalité
jugé nécessaire par le Gouvernement suisse.
2. Du fait que la Convention s'applique aussi aux armes,
a" l'équipement ou aux vecteurs destinés a«
l'emplois des agents biologiques ou des toxines, la délimitation
de son champ d'application peut donner lieu a" des difficultés,
vu qu'il n'y a gue"re d'arms, d'équipement ou de vecteurs
typiques a" cet emploi. La Suisse se réserve de"s
lors de décider elle-même quels moyens auxiliaires
tombent sous cette définition.
3. En raison des obligations résultant de son status
d'Etat perpétuellement neutre, la Suisse est tenue de faire
la réserve de portée générale que
sa collaboration dans le cadre de cette Convention ne peut aller
au-dela" de ce que ce status lui impose. Cette réserve
vise spécialement l'article VII de la Convention ainsi
que toute clause analogue qui pourrait remplacer ou compléter
cette disposition dans la Convention (ou dans un autre arrangement)."
Ratification was accompanied by reservations as at 2 and 3 above.
UNITED KINGDOM
In a statement dated 27 April 1972, communicated to all States
recognised by the United Kingdom, Her Majesty's Government recalled
their view that if a regime is not recognised as the Government
of a State, neither signature nor the deposit of any instrument
by it, nor notification of any of those acts will bring about
recognition of that regime by any other State.
On depositing their instrument of ratification the Government
of the United Kingdom made the following declaration:
". . . that the provisions of the Convention shall not
apply in regard to Southern Rhodesia unless and until the Government
of the United Kingdom informs the other Depositary Governments
that it is in a position to ensure that the obligations imposed
by the Convention in respect of that territory can be fully implemented."