Transfer controls
All States Parties to the Biological and Toxin Weapons Convention (BTWC) need to ensure that their obligations under Article III not to transfer any of the agents, toxins, weapons, equipment or means of delivery specified in Article I to any recipient whatsoever (including other States, companies or individuals) are transposed into their national legal order. The States Parties reaffirmed their understanding of their obligations under Article III at the 6th Review Conference (20 November - 8 December 2006).
This requires that States Parties establish and enforce national measures relating to transfer control, including control lists specifying those agents, toxins, weapons, equipment and means of delivery subject to transfer control by the appropriate national authorities and specifying appropriate penalties for violation.
Such transfers involve: internal transfers within the State; import; export; trans-shipment; and transit through the State's territory.
All States Parties therefore require national measures to implement and enforce their obligations under the Convention:
- not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organisations to manufacture of otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery specified in Article I of the Convention (Article III, BTWC);
- to ensure that direct and indirect transfers relevant to the Convention, to any recipient whatsoever, are authorized only when the intended use is for purposes not prohibited under the Convention (6th Review Conference understanding, Article III);
- ensure that biological agents and toxins relevant to the Convention are protected and safeguarded, including through measures to control access to and handling of such agents and toxins (6th Review Conference understanding, Article III).
The 6th Review Conference reiterated that States Parties should not use the provisions of Article III to impose restrictions and/or limitations on transfers for purposes consistent with the objectives and provisions of the Convention of scientific knowledge, technology, equipment and materials under Article X (relating to the promotion of international cooperation for peaceful purposes).