There is no explicit requirement in the Biological and Toxin Weapons Convention (BTWC) to extend the application of its provisions to locations outside the territory of a State Party.

According to Article IV of the BTWC, ‘each State Party 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.’ The latter part means that the application of the implementation legislation applies to, for instance, ships flying the flag of the State Party as well as places that are under the effective control of the State Party (such as occupied territories or military bases abroad). Although the State Party has no jurisdiction in such places, it will have to use its control to enforce the BTWC prohibitions.

In addition, some States Parties have included penal enforcement measures that apply to prohibited acts committed by a national of that State Party anywhere outside the national territory in their national laws implementing the BTWC and export controls.