Each State must decide which national measures are necessary to give effect to its obligations to prohibit and prevent certain activities in accordance with the Biological and Toxin Weapons Convention (BTWC). All States require legislation to prohibit biological weapons activity on their territory or at other locations that come under their jurisdiction or control. They also need to penalise prohibited activities.

With regard to preventing the misuse of dual-use biological materials and technology for weapon purposes, the complexity of legislation and enforcement mechanisms will depend on the State’s specific situation. A small State, or a State with limited activities in the areas of biology or biotechnology, will require less complex legislation than a large State, or one with a large biotechnology industry.

Furthermore, domestic legislation to prevent the misuse of dual-use materials and technology may, from time to time, require adjustments to keep pace with domestic scientific and industrial developments in the field of the biosciences.