The Biological and Toxin Weapons Convention (BTWC) is a treaty between States. However, Article IV of the Convention obliges States Parties to 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.

It is understood that Article IV is sufficiently comprehensive so that the implementation of prohibitive and preventive measures in national legislation shall cover any activities at international, national and sub-national levels, including terrorist and criminal activities related to biological weapons and biological weapon-related dual-use materials.