Biological weapons, whether used by States or non-State actors, pose a risk to global security. The Biological and Toxin Weapons Convention (BTWC) is an international treaty banning the development, acquisition, production and stockpiling of biological weapons. However, as an international treaty the BTWC governs State behaviour only. Implementation legislation therefore makes these prohibitions and obligations applicable to individuals and legal entities that reside within the borders of the State Party or in other territories under its control.

BTWC relevant legislation may cover:

• the prohibition of activities referred to in Article I of the BTWC;
• penal enforcement of prohibited activities to 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;
• domestic and international (import/export) control of transfers of biological and other relevant materials that could be misused for biological weapons purposes; and
• limitation of access to and the control of the handling of biological materials that could be misused for biological weapons purposes.

National implementation of the prohibitions of Article I and respective penal enforcement measures will prevent a State's territory being used as a safe haven for developing and producing biological weapons. Legislation on domestic and international controls contributes to the prevention of the proliferation of dangerous biological materials and other types of materials for weapons purposes. This demonstrates a State's full commitment to addressing global security concerns, and also makes it easier for international organisations or States to offer support in improving respective national export and border control mechanisms.

Besides fulfilling the obligations in the BTWC implementing national legislative and other measures in all aforementioned areas also meets the requirements of UN Security Council Resolution 1540 (2004).