BWC members are legally obligated to enact and enforce laws to “prohibit and prevent” the development and acquisition of biological weapons and related materials and equipment in their territory or under their control. They must also act to ensure that no assistance is provided, and no bioweapons related material and equipment is transferred, to any recipient seeking biological weapons, and have accordingly agreed on the “need for comprehensive and concrete national measures to secure pathogen collections and the control of their use for peaceful purposes.” These obligations were discussed at the 2003 Annual Meeting of States Parties, and were recently reinforced by UN Security Council Resolution 1540.

However, significant gaps exist in the implementation of these vital obligations. Less than half of the member states have established legislation and controls; even fewer give effective meaning and force to such legislation and controls. In addition, there is little coordination between nations, there are no agreed standards that governments are expected to meet, and there are few incentives for some states to take action on their BWC obligations when they face more immediate and pressing problems, such as HIV/AIDS, malaria, and poverty.

Widespread recognition exists among BWC members that much more can and must be done to improve national implementation, especially in light of new concerns about bioterrorism. The European Union, the United States, and Australia and Indonesia are working to improve the situation, but their efforts are not integrated or coordinated. Many members would like the Review Conference to set the stage for significant collective action on this issue, and numerous ideas have been proposed. While U.S. support for the types of integrated and coordinated efforts and mechanisms (including Annual Meetings and stronger institutional support) that many memmbers feel are essential for success is uncertain, the U.S. does consistantly stress the importance of national implementation. Thus, this issue offers one of the best chances for success at the Review Conference.

1. Taking Effective Action: A New Work Program

2. Enabling Effective Action: A Stronger Support Mechanism

3. Fulfilling Obligations: National Implementation

4. Enhancing Transparency: Information Exchange and Confidence Building Measures

5. Resolving tensions: The relationship between non-proliferation and peaceful cooperation

6. Addressing Scientific and Technological Advance

7. Achieving Universality