Implications for Biological Defence of Legally Binding Declarations and Declaration Follow-up Procedures

Conclusions

In regard to declaration follow-up procedures, it may be agreed in the legally binding instrument that biodefence facilities should be given a weighting factor so that there is a higher probability that such facilities will be visited rather than non biodefence facilities. In principle biodefence facilities do not present a higher risk than other facilities although some States Parties believe that biodefence facilities do present a higher risk. An increased probability of visits to biodefence facilities may be an acceptable burden in order to obtain agreement to a legally binding instrument.

Overall, in considering declarations and declaration follow-up procedures for biodefence programmes and facilities, a balance has to be struck between protecting national security and improving transparency and building confidence between States Parties. Such a balance has to be considered for all the measures in a legally binding instrument in order to arrive at a strengthened BTWC regime in which the benefits outweigh the burdens.