Implications for Government of Provisions for Declarations and for Declaration Follow-up Procedures in a Legally Binding Instrument

Conclusions

The provisions in a legally binding instrument to the BTWC for dec 1 arations and for declaration follow-up procedures constitute an important requirement for the government of States Parties. These provisions require the active cooperation of all agencies, as well as subjects and entities created by a legally binding instrument to the BTWC.

In preparing for the implementation of a legally binding instrument to the BTWC, governments have a rich experience gained from the implementation of the Chemical Weapons Convention. While there are similarities between the CWC and BTWC in terms in the subject matter involved and the verification tools available, there are also differences which make the task of implementing a legally binding instrument to the BTWC more complicated and different.

A legally binding instrument will be successfully implemented if the provisions for the three main areas of compliance measures, namely Declarations, Investigations and Visits, are developed in the form of clear requirements at a national level and applied both by government agencies and related industrial and scientific entities well in advance of the entry into force of a legally binding instrument. It is essential that the requirements and guidelines for a system of reception, processing, validation and evaluation of declarations are well defined and elaborated before entry into force of a legally binding instrument.

The different nature of biological material and biological weapons activities from those of chemicals and chemical weapon activities raises the legitimate question of confidentiality. The protection of confidential business, scientific and production information unrelated to the BTWC will be an important issue in the creation of an effective system of implementation for a legally binding instrument.

Implementation of internal and external reporting requirements both at national and international levels would greatly enhance transparency in the sphere of activities relevant to a legally binding instrument to the BTWC and contribute in building an atmosphere of trust and confidence among States Parties.