National Measures Relating to the Biological Weapons Convention

   

 

Albania    
Criminal Code of the Republic of Albania, No. 7895, 27 January 1995, Article 234   Article 234 on producing military weapons. Provides penalties for the production, storage, transportation of military, chemical, biological, nuclear weapons which have poisonous or explosive base, with the intent of committing acts of terrorism from 5 to 15 years of imprisonment.
Penal Code of the Albanian Republic Law No. 7895, 27 January 1995, Article 202   The transportation and disposal of toxic and radioactive waste is sentenced up to 5 years in prison. When this act causes damage to peoples' lives it is sentenced up to 15 years in prison.
Penal Code of the Republic of Albania, No. 7895, 27 January 1995, Article 232   Article 232 on Delivering dangerous substances Delivery in the air, land or water of substances harmful to the life and health of people and animals, with the intent of seriously disturbing public order and instilling uncertainty to the public is sentenced from 10-20 years imprisonment.
Penal Code of the Republic of Albania, No. 7895, 27 January 1995, Article 281 on Breach of rules on poisonous substances   Article 281 on Breach of rules on poisonous substances A breach of the rules on the keeping, manufacturing, storing, using, transporting, and selling poisonous substances with strong effect will be punished with a fine or up to 2 years imprisonment. When the act leads to death, serious harm to the health of people or other serious material consequences, it is sentenced with a fine or up to 10 years imprisonment.

 

Algeria

   
Interministerial Decree on the Procedures for Control of Hazardous Substances, 5 November 1989  

 

Argentina

   
Decree No. 603, 9 April 1992   Implements a regime of control for sensitive exports and war material by creating the National Commission for the Control of Sensitive Exports and War Material. A list of biological material denounced by the Australia Group is utilized by this National Commission. An import certificate form must be authorized in every case by the National Commission for the Control of Sensitive Exports and War Material.
Law No. 24051 on Dangerous Wastes, 17 January 1992 (Amended by Law 25612)   Deals with the safe production, handling, transportation, treatment and final disposal of dangerous wastes. Contents: creation of a National Register of Producers and Handlers of Dangerous Wastes, and the requirements of information to be submitted to this Register by enterprises that produce, transport, treat, or dispose of dangerous wastes; responsibilities; enforcement. In annex: detailed lists of dangerous wastes (by category and definition); codes for dangerous properties; definition of disposal operations; definition of operations that may lead to recycling and other forms of resource recuperation.
SAGPyA Resolution No. 131/98, 1998   Establishes that Authorizations apply to: (1) laboratory - greenhouse tests; (2) field trials and (3) pre- commercial reproduction of the material.
SAGyP Resolutions No. 656/92, No. 837/93, and No. 289/97   Establishes that the Secretary of Agriculture, Livestock, Fisheries and Food is the competent authority for the issuing of this licence for experimentation on and/or release into the environment of Genetically Modified Plant Organisms, relying on the previous opinion from the National Agricultural Biotechnology Advisory Committee (CONABIA).
SAGPyA Regulation No. 511/98   Reviews the following safety criteria to assess GMOs that will be used as food or feed: (1) Natural toxins, (2) New forms of toxins, (3) Homology of the newly expressed proteins with other known allergens, (4) Nutritional changes, (5) Nutritional changes and nutritional characterization resulting from processing methods, (6) Modifications in the bioavailability of macronutrients and/or micronutrients, (7) Characterization of the modified foodstuff with regard to its safety for human and animal health.
Guidelines for Testing Genetically Modified Plants  
Veterinary Products Law. Manufacturing and Trading Controls. No. 13.636/49, 1949  
Decree-Law on Health Protection of Farm Products No. 6704/66 and its amendments, 1966  
Seeds and Phytogenetic Products Law No. 20247/73 and its Regulatory Decree, 1973  
Resolution No. 145 on Public Health, 2003   Approves the Technical Regulation for the transport of infectious substances and samples for diagnoses, incorporating it into the regulations currently in force.
SENASA Resolution No. 882, 2002   Creates a program for the control and prevention of micoplasmosis and salmonellas.
SENASA Resolution No. 834, 2002   Approves the national program on the control and eradication of classical swinish pest in the Argentinean Republic.
Resolution No. 650 on Public Health, 2002   Approves the Guide for Sample Taking, Conservation, and Transport for Toxicological Analyses, incorporating it into the National Program of Medical Standards.
SENASA Resolution No. 412, 2002   Establishes new evaluation criteria for foods derived from GMOs.
Decree No. 690, 2002   Implements the common nomenclature of MERCOSUR (1995).
Regulations of the City of Buenos Aires on the Procedures for dealing with victims of exposure to biological and chemical weapons, 2001  
SENASA Resolution No. 501, 2001   Approves the Border Manual that sets sanitary guidelines for border businesses to prevent the introduction of exotic illnesses, infected animals and plagues.
Law No. 25241 on Terrorist Acts, 15 March 2000   Article 1

It is considered a terrorist action when a member or members of an illicit group cause harm and terror by using explosive or inflammable substances or any arm or a high offensive power.
SENASA Resolution No. 498, 2001   Establishes a plan for poultry farm improvements.
Law No. 25086, 11 May 1999, which modifies law No. 20429 on the National Law of Arms and Explosives   Article 189

He who, provides, acquires, removes or had in his power bombs, machines able to release nuclear energy, explosive, inflammable, asphyxiating or toxic substances or materials destined to their preparation, will be incarcerated from 5 to 15 years. He who has in his possession War Material will be incarcerated from 4 to 10 years.
Resolution No. 54, 1998 and Resolution No. 481, 1999   Establishes an authority in charge of controlling the export of blood (serum and plasma) with the authority of using diagnostics and medical services.
SENASA Resolution No. 799, 1999   Establishes the National System for Sanitary Emergencies.
Law No. 23709, October 1998   Approves the Statute on the International Center of Genetic Engineering and Biotechnology (ICGEB) and the protocol for the second session of the meeting of plenipotentiary on the creation of the ICGEB.
Resolution No. 19 on Public Health, 1998   Approves the guidelines for alert and notification of labour accidents involving the risk of infection by sanguine pathogens of health personnel.
Decree No. 200, 1997   Prohibits cloning experiments involving humans.
Ordinance No. 1585, 1996   Establishes the National Service of Sanitation and Agricultural Quality (SENASA) whose role is to control the federal traffic, imports and exports of the products and by-products derived from animal and vegetable origin, agricultural products and agrochemical fertilizers. Also provide for sanctions and penalties for violations of the law.
Resolution No. 328 on Public Health, 1996   Approves the guidelines referred to in the Technical Guide of Sample Taking, Conservation and Shipping of Samples for Viral Diagnoses.
Resolution No. 349 on Public Health, 1994   Establishes the national technical regulations on the handling of bio-pathological residues in health units.
Resolution No. 228 on Public Health, 1993   Establishes biosafety norms for health establishments under the auspices of the National Program of the Fight Against HIV and AIDS and sets biosafety recommendations for laboratories that work with biological materials.
Ordinance No. 1291, 1993   Provides to the Commission on Control of Sensitive Exports and War Materials the authority to grant import certificates and establishes a more responsive mechanism for the updating of the control lists.
Law No. 24051 on Dangerous Wastes, 17 January 1992   Deals with the safe production, handling, transportation, treatment and final disposal of dangerous wastes. Contents: creation of a National Register of Producers and Handlers of Dangerous Wastes, and the requirements of information to be submitted to this Register by enterprises that produce, transport, treat, or dispose of dangerous wastes; responsibilities; enforcement. In annex: detailed lists of dangerous wastes (by category and definition); codes for dangerous properties; definition of disposal operations; definition of operations that may lead to recycling and other forms of resource recuperation. Establishes punishment of 3-10 years imprisonment for deliberate contamination of the water, soil, or atmosphere or for putting in risk the quality of life of the population, bio-diversity, and eco-system.
Law No. 24061, 8 January 1992 on Dangerous Residues  
Article 3

Prohibits the import, introduction and transport of all kinds of residues coming from other countries into the national territory, its air and sea space.
SENASA Resolution No. 403, 1983   Prohibits the entry into Argentina of vegetables with soil residue, potted plants and bulbs and tubers marred with dirt.
Law No. 19587 and Decree No. 35, 1979 on Hygiene and Security in the Workplace   Article 145

Requires establishments where infectious substances are created and manipulated to follow the prescriptions within the law.
Law No. 20.429, 21 May 1973 on Arms and Explosives   The acquisition, use, possession, transfer, transport, introduction into the country and export of fire arms or any other device, chemical substances and any material that is classified as War Material, gun powder, explosives, arms and munitions, are subject to this law.
Decree No. 395 on the National Law of Weapons and Explosives, 1975   Section 3 classifies poisoned projectiles as war material.
Law No. 3959, 1906   Establishes the general regulations for the sanitary police for animals.
Law No. 2268, 1888   Provides for controls on contagious and exotic illnesses and prohibits the import into the country of any animal that suffers from an infectious disease.
Law No. 154 of the Autonomous City of Buenos Aires   Regulates the creation, manipulation, stockpiling, recollection, transport, and treatment of all pathogenic residues.
Law No. 22990 on Public Health   Prohibits the commercialisation and profit from production, preparation, stockpiling, conservation, distribution, supply, transport, import and export of human blood and all its components and derivatives.
Resolution No. 3404 on the City of Mendoza   Corresponds to the Manual on Biosafety Regulations for Health Institutions.
Law No. 24305   Sets the law on foot and mouth disease.
SENASA Resolution No. 462   Orders the destruction of residual and organic wastes of animal or vegetable origin coming from abroad.
SENASA Resolution No. 42   Implements measures for the prevention of the introduction of BSE into Argentina and prohibits the import of foods that contain meats, trifles, viscera and by-products of ruminant origin coming from a variety of European countries.
Law No. 24425   Incorporates into Argentinean legislation the Agreement for Application of Sanitary and Phytosanitary measures of the World Trade Organisation.
Penal Code (Chapter I) Article 80   Sentences anyone who kills another with malice, poison or in any other insidious way to life imprisonment.
Penal Code, (Chapter IV) Article 200   Sanctions with imprisonment from 3-10 years any person who poisons or alters in any dangerous way, drinking water or any food supply destined for public use. If death is caused by the crime, the punishment will be imprisonment from 10-25 years.
Penal Code, (Chapter IV) Article 202   Sentences anyone who voluntarily spreads a dangerous or infectious disease with 3-15 years imprisonment.
Regulation IRAM 80058-1, 2003 on Biosafety, Diagnoses and Ground Transport of Biological Material  
Regulation IRAM 80059, 2000 on the Classification of Microorganisms According to Security Requirements  
Regulation IRAM 80058-2 on the Transport of Biological Material   Establishes a contingency plan for the transport and manipulation of biological materials.
Ministry of Defence Resolution 145/98, 22 January 1998   Replaces the list of Part I of Annex B of Decree No. 603 of 1992 with a new list. Articles 2-4 of the resolution amend the list to make it applicable to biological dual-use equipment.
Law No. 21988   Implements the BWC which was ratified by Argentina on 7 February 1979.
Decree No. 1235, 5 October 2001   Requires all the bodies of the executive branch, national organs, provinces, municipalities and the Autonomous Government of the City of Buenos Aires to adopt in all their respective jurisdictions the necessary measures to implement what is set out in UN Security Council Resolution 1373.
Regulations for laboratories set by the department of Hygiene and Security  
Ordinance No. 1097, 1985   Authorizes the relevant body to grant export licenses.
Combined Resolution No. 125, 1998   Incorporates into the control of exports and imports, chemical substances, chemical equipment, biological agents, pathogens of plants, animals, GMOs, and equipment of dual biological use included in the lists of the Australia Group.
Ordinance No. 437, 2000   Incorporates into Ordinance No. 603/92 its controls on the list of warlike material that is established under the Wassenaar Agreement, of which Argentina is party. The same Ordinance adds to annex E a list of dual-use materials and dual-use technology.
Penal Code, (Chapter IV) Article 211 (Planned amendment)   Will set out the following: he who, wanting to cause public fear or raise tumults or disorder, were to take action in causing alarm or would use other means to cause fear, will be sentenced from 2-6 years of imprisonment. If he uses explosives, aggressive chemicals, biological or bacteriological in nature, and if the crime does not constitute one against public safety, he will be sentenced from 7-15 years of imprisonment.
Decree No. 1628, 1996   Sets forth the primary activities and responsibilities of the National Centre for Biological Quality Control.
More Information on Relevant Argentinian Norms   For more information on the Argeninian norms in the areas of diseases, biotechnology, regional norms, dangerous waste, public health, blood, animal and plant sanitation, and hygine and security of work and transport see the Country section for Argentina.

 

Armenia

   
The Law of the Republic of Armenia on the Struggle against Terrorism, September 2001  
List of Materials, Substances, Equipment and Dual-use Technologies Export of Which Must be Licensed, 27 September 1993   Contains an itemized export control list of dual-used technologies including bacteriological and poisonous weapons-related, as well as rocket weapons-related. Refers to criminal law for the penalty of illegal export of any of the items contained in the list, which envisages 3 to 8 years of imprisonment.
Cabinet of Ministers Resolution No. 487, 27 September 1993   Adopts in compliance with Minsk Agreement a four part list of dual-use items and technologies requiring a licence for export, capable of being used for the production of inter alias biological and toxin weapons, and missile systems.
Resolution of the Cabinet of Ministers No. 391, 28 July 1993   Approves the rules and regulations of the commission, its membership and the membership of the group of experts under the Commission.
Presidential Decree No. 227, 1 May 1993   Establishes the Commission on Export Control under the Cabinet of Ministers.
Government Enactment No. 121 on Matters of Export Control of Primary Products, Materials, Equipment, Technologies, and Services Used in the Creation of Weapons Mass Destruction, 19 March 1993  
Government Enactment No. 537 on the Establishment of Export Controls on Primary Products, Materials, Equipment, Technologies, and Services Used in the Creation of Weapons of Mass Destruction, 3 November 1992   Establishes the export control system basic structure including special export licensing and permission.

 

Australia

   
Weapons of Mass Destruction (Prevention of Proliferation) Act 1995   Complements the existing barriers contained in the Customs Act 1901 and the Customs (Prohibited Exports) Regulations. It prohibits the supply or export of goods, not otherwise controlled by the Customs Act 1901, and the provision of services, in circumstances where the goods, or the services, will or may be used in, or assist the development, production, acquisition or stockpiling of biological weapons or their delivery.
Therapeutic Goods Act 1989   Covers the import and export of therapeutic goods and includes pathogenic microorganisms where in vaccines for human use. The Department of Human Services and Health regulates therapeutic goods for human use under this Act.
Weapons of Mass Destruction (Prevention of Proliferation) Regulations   Complements the existing barriers contained in the Customs Act 1901 and the Customs (Prohibited Exports) Regulations. It prohibits the supply or export of goods, not otherwise controlled by the Customs Act 1901, and the provision of services, in circumstances where the goods, or the services, will or may be used in, or assist the development, production, acquisition or stockpiling of biological weapons or their delivery
Therapeutic Goods Regulations   Covers the import and export of therapeutic goods and includes pathogenic microorganisms where in vaccines for human use. The Department of Human Services and Health regulates therapeutic goods for human use under this Act.
Biological Control Act 1984   Provides powers additional to those of the Quarantine Act in order to regulate the release of biological agents for the control of pests, diseases and weeds.
Biological Control Regulations   Provides powers additional to those of the Quarantine Act in order to regulate the release of biological agents for the control of pests, diseases and weeds.
Crimes (Biological Weapons) Regulations 1980   Specifies the way in which substances covered by the regulations should be stored, disposed of and analyzed.
Crimes (Biological Weapons) Act 1976   Makes it unlawful for Australians to develop, produce stockpile or otherwise acquire or retain microbial or other biological agents or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; or weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.
Quarantine Act 1908   Aims to prevent the introduction into Australia of serious pests and diseases affecting humans, plants and animals. The Act controls rather than prohibits the import into Australia of all biological material.
Quarantine Regulations   Aims to prevent the introduction into Australia of serious pests and diseases affecting humans, plants and animals. The Act controls rather than prohibits the import into Australia of all biological material.
Customs Act 1901   Requires exporters to obtain a license before proceeding to export certain listed items. Notes that the Ministry for Defense controls the export of defense and related goods from Australia through a system of export licenses
Customs (Prohibited Exports) Regulations   Requires exporters to obtain a license before proceeding to export certain listed items. Notes that the Ministry for Defense controls the export of defense and related goods from Australia through a system of export licenses
Gene Technology Act, 2000   Controls use of genetic technology, establishes various ethical, scientific and community consultative committees, the composition of each of the committees are regulated through the Act. It also has strong compliance provisions covering external auditing (including security and safety aspects) and punitive measures in the case of breaches.
Gene Technology Act Regulations, 2000   Implements the Gene Technology Act.
Criminal Codes Act, 1995   Provides prosecution provisions for giving misleading information in permit applications.
Agricultural and Veterinary Chemicals Code Act   Controls the microbial production of veterinary pharmaceuticals and products, including vaccines for sale or distribution for implementation at the State level. Administered federally by Agriculture Forestry and Fisheries Australia (AFFA).
Agricultural and Veterinary Chemicals Code Regulations   Implements the Agricultural and Veterinary Chemicals Code Act.
Hazardous Waste (Regulation of Exports and Imports) Act 1989   Implementing legislation for the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Regulates the export, import and transit of hazardous waste (including infectious substances containing viable microbes or their toxins which are known or suspected to cause disease in animals or humans) to ensure that exported, imported or transited waste is managed in an environmentally sound manner so that human beings and the environment, both within and outside Australia, are protected from the harmful effects of the waste.
Gene Technology Act 2000  

 

Austria

   
Gene Technology Act No. 510/1994, 1994 (As of Federal Gazette I 73/1998)  
Basic Plant Protection Act 1999 (Federal Gazette No. 140/1999)  
Law on Epidemics No. 186/1950, 1950  
Law on Animal Diseases No. 746/1988, 1988  
Verbot d. Entwicklung, Herstellung, Lagerung u. Einsatz chem. Waffen, BGBl. III Nr. 38/1997  
Waffengesetz 1996, BGBl. I No. 12/1997, 1997  
Foreign Trade Act No. 172/1995, 9 March 1995  
Ordinance No. 211 by the Minister of Health and Public Service on reporting of slightly toxic products, 23 January 1989   Describes the details that have to be supplied when reporting on the use of slightly toxic substances.
Ordinance No. 212 by the Minister of Health and Public Service on protection measures needed during the transport of toxic substances, 23 January 1989   Deals with safety requirements during the tranport of toxic substances. In annex: model forms to be filled out during the ordering, transport and reception of toxic substances.
Federal Law on Imports, Exports and Transit of War Material, BGB1 No. 540/1977  
Federal Government Decree No. 624/1977, On Military Equipment, 22 November 1977  
Waffengebrauchsgesetz BGBl.No. 149/1969, 1969  
Penal Code of Austria   On Weapons of Mass Destruction: Atomic, Biological, Chemical Weapon Whoever manufactures, produces, develops for the application, imports, exports, transports through the country, buys, possesses, transfers or assists another person in these acts shall be sentenced to imprisonment for 1-10 years.
Foreign Trade Act (Federal Gazette 187/1997)  
Plant Protection Act  
Law on the Transport of Dangerous Goods No. 145/1998, 1998  
Federal Law on the Protection of Employees No. 450/1994  
Regulation on Biological Work Material Federal Gazette 237/1998, 1998  
Regulation on the Safety of Workplaces  

 

Belarus

   
Law on Approving the Instructions on Order of Issuing of Import Certificate, April 2003  
Law on Environmental Protection, No. 126-Z, 17 July 2002   Regulates genetically modified plants or animals and non- native species, the management of waste and scientific research. Establishes that entities causing harm to the environment are liable for the full amount of the harm caused.
Law on State Regulation of Foreign Trade Activities, 29 December 1998   Provides a broad overview of state regulation of foreign trade activities. It requires licenses for the import and export of certain goods and establishes safety procedures.
Law on Export Controls, 5 February 1998   Implements the commitments the Republic of Belarus has undertaken via international treaties and aims to maintain international efforts to stop the proliferation of weapons of mass destruction and conventional armaments. This Law shall cover the relations wherein State bodies, legal entities and natural persons of the Republic of Belarus participate in foreign economic activities. The Law shall also apply in cases when the actions performed or agreements concluded by State bodies, legal entities and natural persons of the Republic of Belarus outside the territory of the Republic of Belarus, promote the proliferation of weapons of mass destruction or conventional armaments, or cause damage to the national security, political and economic interests of the Republic of Belarus.
Decree No. 27 on the Improvement of State Control of the Passage of Specific Goods (Work, Services) Through the Customs Border of the Republic of Belarus, 10 January 1998   Provides lists, approved by the interested parties, of the specific goods (work, services) for which the export (import) is subject to licensing in accordance with the present decree.
Resolution No. 218 on imposing bans and restrictions on the movement of commodities across the customs border of the Republic of Belarus, 18 March 1997   Approves a list of commodities, the movement of which across the customs border of the Republic of Belarus is banned, and a list of commodities the movement of which across the customs border of the Republic of Belarus is restricted. Restricted goods require licenses for customs clearance and additional documentation pursuant to other national legislation.
Law No. 3423-XII on Veterinary, 2 December 1994   Defines legal, organizational and social principles of veterinary activities and is aimed at protecting the health of animals, protecting people against illnesses common for the human being and animals (illnesses transmitted to the human being through animals, animal products), and securing the production of animal products which are of good quality with respect to sanitary and veterinary properties.
Republic of Belarus Penal Code   The carrying, keeping, acquisition, manufacture or sale of weapons or explosive substances without permission is punished by deprivation of liberty for a period up to 7 years. A person who voluntarily surrenders a weapon, ammunition, or explosive substances which he has been keeping without permission will be exempt from criminal responsibility.
Resolution No. 245 on Visits by Foreign Inspectors to the Republic of Belarus, 14 April 1994   Assigns responsibility and authority to government agencies in case of inspections in accordance with treaties in the field of disarmament and arms control.
Law No. 130-3 on Export Control, 19 December 1997   Defines the legal framework for the activities of State agencies and of juridical and natural persons in the Republic of Belarus in the field of export control, and regulates relationships arising in connection with the transport of controlled goods across the customs frontier of the Republic of Belarus, and with their use.
Law No. 456 on the list of activities for which a special permit is required and the bodies which issue these permits, 21 August 1995   Includes the list of types of activity for which a special permit is required and of the bodies which issue the permits.
Penal Code of Belarus, Article 219 on Illegal Making, Sale, Acquisition, Keeping, Transportation or Dispatch of Strong and Poisonous Substances   Illegal making, sale, no less than an illegal acquisition, keeping, transportation or dispatch for the purpose of sale of strong or poisonous substances which are not narcotic substances – shall be punishable with the deprivation of freedom for a term of up to 3 years or corrective labour for a term of 2 years with the confiscation of strong and poisonous substances. Violation of the established rules of the production, acquisition, keeping, storage, accounting, provision, transportation or dispatch (sending) of strong and poisonous substances which are not narcotic substances – shall be punishable with the deprivation of freedom for a term of up to 2 years or corrective labour for the same term, or a fine.
Penal Code of Belarus, Article 240(1) on Violation of the Rules of Handling of Weaponry, or Substances and Objects Presenting an Increased Danger to the People   Article 240(1) on Violation of the Rules of Handling of Weaponry, or Substances and Objects Presenting an Increased Danger to the Peoplea) Violation of the rules of handling of weaponry, as well as of ammunition, explosives, radioactive and other substances and objects which present an increased danger to other people if this has entailed an infliction of bodily injuries to the sufferer – shall be punishable with the deprivation of freedom for a term of up to 3 years.b). The same actions if they have entailed an infliction of bodily injuries to several persons or a death of the sufferer – shall be punishable with the deprivation of freedom for a term of 1 to 10 years.c). An action envisaged by the paragraph “a” of this Article if this has entailed deaths of several persons or other grave consequences – shall be punishable with the deprivation of freedom for a term of 3 to 15 years.

 

Belgium

   
Decree of the Regional Government of Brussels-Capital on confined use of GMOs and/or pathogens and classification of relevant installations, 8 November 2001  
Decree of the Government of Wallonie, 18 April 2002   Amends general regulations on the protection of labourers concerning confined use of genetically modified and/or pathogenic organisms.
Act on intergovernmental cooperation between the Federal State of Belgium and the Regional Government on biosecurity  
Royal Order modifying the Royal Order of 4 August 1996 concerning the protection of workers against risks connected with the exposure to biological agents at work, 29 April 1999   This Order introduces the provisions of Directive 97/59/EC and 97/65/EC into Belgian legislation, by modifying the 1996. Order on the protection of workers against exposure to biological agents.
Royal Order concerning the protection of workers against risks connected with the exposure to biological agents at work, 4 August 1996   Implements in Belgium the provisions of Directive 90/679/EEC, as modified by 93/88/EEC and 95/30/EC. It contains the various safety and health measures that may be imposed in workplaces where there is potential exposure of workers to biological hazards. Contents: obligations of workers; hazard evaluation; establishment of a list of exposed workers; substitution as a form of prevention; training and information of the personnel; periodical medical examinations; vaccination. In annex: list of biological agents, with their classification codes; indications concerning confinement measures and levels; confinement measures for certain industrial processes; list of enterprises and workers for whom vaccination is necessary.
Order in Council on import, export and transshipment of arms, munitions, military material and related technology, 8 March 1993   Concerns the import, export and transit of weapons, munitions and special material for military use and related technology.
Law on import, export and transit of arms, munitions and material for military use and related technology, 5 August 1991   The Law of 5 August 1991 refers to the import, export and transit of arms, munitions and material specially for military and technological use. Those who break the law may be subject to an imprisonment period of a maximum of 5 months and/or a fine of 1, 000 000 francs.
Law of 11 September 1962   Relates to the import, export and transit of weapons, munitions and war material and technology and states that they are subject to the rules of the present law.
Law of 3 January 1933   Deals with the manufacturing, trading and carrying of weapons.
Biological Weapons Convention Implementation Law, 1978   Implements the BWC and criminalizes BW-related activities in Belgium or by Belgian citizens.
Decree regulating the classification, packaging and labeling for dangerous preparations before marketing and use, 1993 (Amended 2001)   Provide general biosafety guidelines.
Order in Council on voluntary release in the environment and commercial use of GMOs and/products containing GMOs, 18 December 1998  
Decree of the Government of Flanders, 1 June 1995   Chapter 5.51 addresses biotechnology.

 

Belize

   
Public Safety Act, 31 December 2000 (Amended) (Belize Law, Vol. III, Title X, Ch. 42)   Authorizes the Governor-General to make regulations including a) the regulation of the storage, possession or use of any or all offensive weapons or instruments of whatever description b) the prohibition of any description of intimidation or acts or threats of violence or c) all such matters as in the opinion of the Governor-General will provide better public safety, if it is deemed that a state of civil commotion which threatens the public safety exists. The Act provides for punishment for violation including a fine not exceeding $2000 dollars or imprisonment of up to 12 months.
War Material Act, 31 December 2000 (Amended) (Belize Law Vol. III, Title X, Ch. 146)   Defines war material as anything, except foodstuffs, which the carrying coastwise in Belize or exportation which can be prohibited under Part II of the act including all arms and other articles the Governor-General deems capable of being converted into or made useful in increasing the quantity of military, naval or air stores. Authorizes the Governor-General to prohibit the export of all arms and authorizes customs and excise officers to inspect and to detain vessels trading to and from Belize. Provides for punishment for violation including a fine not exceeding $2000 and imprisonment for up to 6 months.
Dangerous Goods Act, 31 December 2000 (Amended) (Belize Law Vol. III, Title X, Ch. 134)   Authorizes the Minister in charge to declare certain goods ‘especially dangerous’. Restricts the transport of dangerous goods and requires licenses for transport of dangerous goods. Provides for punishment for violation of the Act including a fine of up to $10,000 or 5 years imprisonment.
Criminal Code of Belize, 2000, Article 83   Criminal Code of Belize, 2000 Article 83 Every person who uses a sword, dagger, bayonet, firearm, poison or any explosive, corrosive, deadly or destructive means or instrument shall be liable to imprisonment up to 5 years if he does so with the intent to cause harm, for up to 10 years if he intends to would or cause grievous harm and up to 20 years if he does so with intent to maim or cause dangerous harm.
Criminal Code of Belize, 2000, Article 84   Article 84 Every person who unlawfully and knowingly administers any noxious matter to a person shall be liable to imprisonment for 2 years.

 

Bolivia

   
Environmental Law No. 1333, 27 April 1992   Art.107. Punishes whomever disperses non-treated residual waters, chemical or biochemical liquids, objects or waste of any kind in the riverbeds, riverbanks, water-bearings, basins, rivers, lakes, lagoons, ponds, that can contaminate or degrade the waters that exceed the limits established by the regulations, with imprisonment from one to 4 years and with a fine of 100 percent of the cost of the harm done.
Penal Code, Article 211   Article 211 (Manufacture, commercialization/trade or possession of explosive, asphyxiating and other substances One who creates as an end product that which is dangerous to life and bodily integrity and/or other peoples goods, manufactures, supplies, acquires, or possesses (possibly stockpiles) bombs, explosive materials, flammables, toxicants and asphyxiates as well as instruments and materials used to make such devices will be sanctioned between 1 and 4 years accordingly.

 

Brazil

   
Decree No. 4.680, 24 April 2003   Regulamenta o direito ? informa??o, assegurado pela Lei no 8.078, de 11 de setembro de 1990, quanto aos alimentos e ingredientes alimentares destinados ao consumo humano ou animal que contenham ou sejam produzidos a partir de organismos geneticamente modificados, sem preju?zo do cumprimento das demais normas aplic?veis.
Decree No. 4.074, 4 January 2002   Regulamenta a Lei no 7.802, de 11 de julho de 1989, que disp?e sobre a pesquisa, a experimenta??o, a produ??o, a embalagem e rotulagem, o transporte, o armazenamento, a comercializa??o, a propaganda comercial, a utiliza??o, a importa??o, a exporta??o, o destino final dos res?duos e embalagens, o registro, a classifica??o, o controle, a inspe??o e a fiscaliza??o de agrot?xicos, seus componentes e afins, e d? outras provid?ncias.
Provisional Remedy No. 2.039-20, 25 August 2000   Alters provisions of Law No. 9.782, of January 26, 1999, which Defines the National Sanitary Surveillance System, establishes the National Sanitary Surveillance Agency and sets out other provisions.
Law No. 9.782, 26 January 1999   Defines the National System of Sanitary Vigilance, creating a National Agency of Sanitary Vigilance.
Law No. 9.677, 2 July 1998   Aims at punishing those companies manufacturing and/or selling counterfeit or adulterated products (including vitamins and related food products). Under this law (Article 273, specifically), anyone selling counterfeit or adulterated pharmaceutical and food products is subject to a prison term of between 10 and 15 years without bail, plus fines. Alters the Criminal Codes to include in the Classification of Heinous Crimes those against Public Health.
Decree No. 2577, 20 April 1998  
Law No. 9.112, 10 October 1995   Regulates the export of goods and services with possible military applications or dual use and, in that connection, to regulate the export of goods or related services with possible application for the development of weapons of mass destruction, whether nuclear, chemical or biological, and their delivery vehicles (i.e. missiles). Exports of sensitive goods would now require prior permission from the relevant federal agencies under the overall co-ordination of the Strategic Affairs Secretariat of the Presidency of the Republic. Breaches of the law concerning the export of sensitive goods are punished with sanctions raging from admonition to the suspension of the right to participate in foreign trade activities. Sanctions are provided for violation, including incarceration from 1-4 years.
Law No. 8974, 5 January 1995   Sets the standards for use of genetic engineering techniques in the construction, cultivation, manipulation, transportation, marketing, consumption, release and disposal of genetically modified organisms (GMOs) with the objective of protecting the life and health of humans, animals, plants and the environment. Authorizes the creation of the National Technical Commission on Biosafety (CTNBio). Requires any organization using genetic engineering techniques and methods to create an Internal Biosafety Commission (CIBio) and outlines the responsibilities of these commissions. Outlines crimes in relation to the law and corresponding punishments, including the crime of the genetic manipulation of germ cells.
Decree No. 1.752, 20 December 1995   Furthers Law No. 8974 on the National Technical Commission on Biosafety (CTNBio). Outlines the responsibilities, structure, staffing, functioning and standards of the CTNBio.
Ministerial Decision No. 1919/GM   On establishing the obligation of notification of the existence of bacillus anthracis in public and private laboratories, for inspection purposes.
Law No. 8.072, 25 July 1990   Addresses Heinous Crimes in the Terms of Article 5, item XLIII of the Federal Constitution. The practice of torture, the illicit traffic of narcotics and related drugs, as well as terrorism and crimes defined as heinous crimes shall be considered by law as non-bailable and not subject to grace or amnesty, and their principals, agents and those who omit themselves while being able to avoid such crime will be held liable.
Law No. 7.802, 11 July 1989   Disp?e sobre a pesquisa, a experimenta??o, a produ??o, a embalagem e rotulagem, o transporte, o armazenamento, a comercializa??o, a propaganda comercial, a utiliza??o, a importa??o, a exporta??o, o destino final dos res?duos e embalagens, o registro, a classifica??o, o controle, a inspe??o e a fiscaliza??o de agrot?xicos, seus componentes e afins, e d? outras provid?ncias.
Law No. 7.170, 14 December 1983   Defines crimes against national security and the social and political order and establishes the process and judicial treatment for such crimes.
Decree No. 77.374, 1 April 1976   Promulgates Biological Weapons Convention
Legislative Decree No. 89, 5 December 1972   Approves the text of the Biological Weapons Convention
Instru??o Normativa CTNBio No. 17, 17 November 1998   A Comiss?o T?cnica Nacional de Biosseguran?a - CTNBio, no uso de suas atribui??es legais e regulamentares, resolve: Art. 1? As atividades de importa??o, com?rcio, transporte, armazenamento, manipula??o, consumo, libera??o e descarte de produtos derivados de Organismos Geneticamente Modificados (OGM) obedecer?o ?s normas constantes do Anexo da presente Instru??o Normativa.
Instru??o Normativa CTNBio No. 15, 8 April 1998   A Comiss?o T?cnica Nacional de Biosseguran?a - CTNBio, no uso de suas atribui??es legais e regulamentares, resolve: Art. 1? O trabalho de pesquisa e desenvolvimento tecnol?gico utilizando animais n?o geneticamente modificados onde Organismos Geneticamente Modificados - OGMs s?o manipulados, em regime de conten??o, obedecer? ?s normas constantes do Anexo da presente Instru??o Normativa.
Instru??o Normativa CTNBio No. 10, 19 February 1998   A COMISS?O T?CNICA NACIONAL DE BIOSSEGURAN?A - CTNBio, no uso de suas atribui??es legais e regulamentares, resolve: Art. 1? A libera??o planejada no meio ambiente de Vegetais Geneticamente Motificados - VGM que j? tenha sido anteriormente aprovada pela CTNBio obedecer? ?s normas constantes do Anexo da presente Instru??o Normativa.
Penal Code of Brazil, 1940 Article 129   Article 129 – It is a crime to jeopardize the physical integrity or the health of another person.
Penal Code of Brazil, 1940 Article 131   Article 131 – Makes it a crime to intentionally commit an act that may cause a serious disease to be transmitted to someone else by means of contagion.
Penal Code of Brazil, 1940 Article 132   Article 132 – Makes it a crime to expose someone’s life to direct and imminent danger.
Penal Code of Brazil, 1940, Article 259   Article 259 – Makes it a crime to disseminate an illness or plague that may cause damage to forests, plantations or animals of economic relevance.
Penal Code of Brazil, 1940, Article 267   Article 267 – Makes it a crime to cause a disease outbreak by propagating pathogenic germs.
Penal Code of Brazil, 1940, Article 269   Article 269 – Makes it a crime to fail to notify public authorities of a case of a disease subject to mandatory notification (applicable to physicians).
Penal Code of Brazil, 1940, Article 268   Article 268 – Makes it a crime to violate a determination by public authorities aimed at impeding the introduction or propagation of a contagious disease.
Penal Code of Brazil, 1940, Article 270   Article 270 – Makes it a crime to poison drinking water for public or private use, as well as edible or medical substances destined for consumption.
Provisional Decree 2186-16, 2001   Regulates relevant paragraphs of Article 225 of the Constitution concerning Articles 1 and 8 of the Convention on Biodiversity with a view to establishing rules for access to genetic patrimony and its associated traditional knowledge in Brazil so as to ensure fair distribution of benefits and to regulate associated technology transfer. Prohibits access to any element of the Brazilian genetic patrimony or its use in connection with chemical or biological weapons.

 

Brunei Darussalam

   
Biological Weapons Act, 1975  

 

Bulgaria

   
Decision No. 704 on the adoption of the Guidelines for Transfer of Sensitive Chemical and Biological Items of the Australia Group - International Export Control Regime, 1 November 2002   Reflects the Council of Ministers adoption of the Guidelines for Transfer of Sensitive Chemical and Biological Items, agreed to at the 3-6 June 2002 Plenary Meeting of the States Participating in the Australia Group.
Law on the Control of Foreign Trade Activity in Arms and Dual-use Technologies and Goods, 3 September 2002   Article 4.3 Provides for the introduction of restrictions and impose bans on the execution of foreign trade activity in arms and in the dual-use goods and technologies by the Council of Ministers.
Decree for Adoption of Regulation on implementation of the Law on the Control of Foreign Trade Activity in Arms and Dual-Use Goods and Technology and for Amendment of Legal Acts of the Council of Ministers, 6 March 1996   Decrees that the commission for control of and permission of foreign trade transactions with arms and with dual-use goods and technologies is in charge of issuing permits for foreign trade transactions of armaments and dual-use goods and technologies.
Penal Code of Bulgaria Article 233   A person or persons engaged in foreign trade activity with dual–use goods and technologies and arms without authorization shall be penalized with imprisonment for a period up to 8 years and with the fine up to 1 000 000 leva.
Penal Code of Bulgaria Article 354   On crimes against the health of the nation related to possession poisonous substances. 2-year imprisonment provision.
Penal Code of Bulgaria Article 356   On other generally dangerous crimes, pertaining to Article 354, imprisonment should be of 5 years.
Penal Code of Bulgaria Article 356b   Foreigners on Bulgarian soil planning a to commit a crime abroad under Article 354, will be punished.
Penal Code of Bulgaria Article 415   Article 415 On war crimes and offenses against humanity in violation of the rules of international law. Stipulates that whoever uses or order the use of bacteriological, biological or toxin weapons, shall be punished by deprivation of liberty for up to a life sentence without the possibility of commutation. Even if a person only undertakes military preparation for using bacteriological, biological or toxin weapons as a method of warfare (without actually using them), he shall be punished by a deprivation of liberty for up to 6 years.
Regulation for the Production, Trade, Stockpiling, Transportation and Use of Highly Poisonous Substances, 1973  
Regulation No. 27 on the Import of Goods of Significance for the Public Health, 17 August 1995  
State Gazette No. 46, 1975   Promulgates the text of the BTWC in Bulgaria.
Regulation of the Ministry of Health No. 4, 14 October 2002   On the protection from risks, related to the exposure to biological agents. Contains a list of agents considered dual-use biological agents.
Penal Code of Bulgaria, Article 339   Under the article, any person who, by any means whatsoever acquires, holds or gives to another, explosives, firearms, chemical, biological or nuclear weapons or ammunition, without due permit therefore, shall be punished by deprivation of liberty for up to 6 years. Where the explosives, firearms, chemical, biological or nuclear weapons or ammunition have been in large quantities, the punishment shall be deprivation of liberty from 3 to 8 years.A person who appropriates or gives explosives or firearms, chemical or biological or nuclear weapons to a person who has no permit for their acquisition shall be punished with a deprivation of liberty for up to 6 years.
Penal Code of Bulgaria, Article 353b   A person who, in violation of international treaties to which Bulgaria is a State Party, carries across the state border dangerous waste, toxic chemical substances, biological agents, toxins and radioactive materials, shall be punished with deprivation of liberty from 1 to 5 years and a fine of 1000 to 3000 Bulgarian leva.
Penal Code of Bulgaria, Article 415a   A person who undertakes military preparation for using nuclear, chemical bacteriological, biological or toxin weapons as method of warfare, shall be punished by deprivation of liberty from 1 to 6 years.
Penal Code of Bulgaria, Article 349   Any person who deliberately poisons a water supply will be punished by deprivation of liberty from 2 to 8 years. If this action causes severe bodily harm, the punishment will be 3 to 10 years and if death is caused the punishment will be deprivation of liberty from 10 to 20 years, a life sentence, or a life sentence without possibility of commutation. An amendment was added to the act in 1985 which notes that the punishment will be imposed on any person who disseminates agents of epidemic disease with the intent to infect other people.
Penal Code of Bulgaria, Article 354   On crimes against the health of the nation related to possession poisonous substances. Any person who, without due permission, acquires, holds or gives to another a substance with strong effect or a toxic substance, different from narcotic substances placed under a different permission regime, shall be punished with deprivation of liberty for up to 2 years or a fine of 100-300 leva. If the act above is performed systematically, the deprivation of liberty will be fore up to 3 years and a fine of 100 to 300 leva.
Penal Code of Bulgaria, Article 337   Under the article, a person who manufactures, processes, repairs, develops, keeps, stockpiles, trades in, transports or exports explosives, firearms, chemical, biological or nuclear weapons or ammunition, without having the right to do so by law, or without a license, shall be punished by deprivation of liberty from 1 to 6 years. If the crime is committed by an official or is the second time the punishment will be 2 to 8 years. Finally, while the object of the crime has been of a large amount the punishment shall be deprivation of liberty from 3 to 10 years and 5 to 15 years of the object of the crime was a particularly large amount.
Law on Plant Protection, 1997 (State Gazette No. 91/97 amended No. 90/99)  
Regulation No. 1 on Phystosanitary Control, 27 May 1998  
Regulation No. 1 of the Ministry of Agriculture and Forestry, 4 January 2002   Provides for obligatory permission to work with dangerous pathogens, which are issued by the Director General of the National Office for Plant Protection. Inspections are carried out by the Regional Office for Plant Protection. Every single activity requires a special permission.
Regulation on the Implementation of the Law on the Veterinary-Medical Activities, 2000  
Regulation No. 4 for the licensing of the production of veterinary medicines and preparations, 2003  

 

Cambodia

   
Law on the Classification of Toxic Substances in the Health Sector, 14 June 2000  
Decision 41/ANK/BK on the Creation of a National Committee for Reform of Weapons and Explosives Management in Cambodia, 21 April 2000   Creates a National Committee for Reform of Weapons and Explosives Management to: prepare draft laws on the management and use of weapons and explosives; to define procedures for control, management, use, storage of weapons and explosives at all entities; to confiscate and collect weapons and explosives which are illegally possessed, used and kept; and to identify entity and composition that are eligible to use weapons and explosives.
Law No. 38/ANK/BK on the Management and Control of Importation, Production, Sale, Purchase, Distribution, and Use of all Kinds of Weapons and Explosives, 30 January 1999  
Constitution of Cambodia, 1993   Article 54 on Prohibited Weapons Prohibits the manufacturing, use and storage of chemical, nuclear and biological weapons.

 

Canada

   
Environmental Protection Act 1999   This Act contributes to sustainable development through pollution prevention and protects the environment, human life and health from risks associated with toxic substances. Part 5 of the Act requires all substances on the Domestic Substances List to be categorised and screened for potential risks to human health, life and the environment. Part 6 outlines the requirements for the assessment and introduction of living organisms that are the products of biotechnology.
Criminal Code C-46   Part II of the criminal code covering Terrorism, and Part III dealing with 'Firearms and Other Weapons' both have provisions which support Canadian implementation of its BTWC obligations. In addition, the Criminal Code, in dealing with issues pertaining to 'use' of biological and toxin weapons, covers issues that fall under sections of the 1925 Geneva Protocol.
Emergency Preparedness Act C.6   Sets the federal responsibilities in the area of emergency preparedness, including biosecurity. Section 7 establishes that every Minister accountable to the Parliament of Canadefor the administration or affairs of a government institution is responsible for inter alia, identifying the civil emergency contingencies that are within or related to the Minister's area of accountability and developing a civil emergency plan therefore.
The Transportation of Dangerous Goods Act c.34, 1992   Outlines safety standards, procedures and standards for the transport of dangerous goods. Contains reporting requirements for accidental release of dangerous goods and emergency response provisions. Outlines the punishment for offences under this act.
Health of Animals Act c.21, 1990   Requires those in possession, control or case of an animal to notify officials immediately upon detection of a reportable disease or toxic substance and to establish a quarantine zone around the affected animal(s). Also prohibits the sale, disposal, transport of infected animals without approval. Also requires the veterinary certificates of good animal health for export or import of animals.
Plant Protection Act c.22, 1990   Prevents the importation, exportation and spread of pests injurious to plants and to provide for their control and eradication and for the certification of plants.
Export and Imports Permit Act c. E-19, 1985   Gives the government the power to establish an Export Control List in order to control the export of certain goods and to meet its international commitments to prevent, among other things, the proliferation of missile technology as well as biological, chemical and nuclear weapons.
Public Safety Act c. 17, (not yet enacted)   Section 23 is entitled the Biological and Toxin Weapons Convention Implementation Act. It will prohibit a person to develop, produce, retain, stockpile, otherwise acquire or possess, use or transfer (a) any microbial or other biological agent, or any toxin, for any purpose other than prophylactic, protective or other peaceful purposes and (b) any weapon, equipment or means of delivery designed to use such an agent or toxin for hostile purposes or in armed conflict. It will permit the Governor in Council to elaborate regulations and establish the responsible authority and inspectorate for implementation and overseeing of these regulations. It will allow for the appointment of inspectors to enforce the Act; and, through amendments to the Criminal Code, will establish severe penalties for violations. The Act will also set out lesser penalties for interference with its application.
Department of Health Act c.8, 1996   This Act sets out the powers, duties and functions of the Minister which extend to all matters covering the promotion or preservation of the health of Canadians over which Parliament has jurisdiction including the protection of the people of Canada against risks to health and the spreading of diseases, and investigation and research into public health, including the monitoring of diseases. Under this Act are the Human Pathogens Importation Regulations which set out the criteria for the containment, safe handling and transfer of human pathogens in Canada.
Feeds Act c. F-9, 1985   Section 3 prohibits the manufacture, sale or import into Canada in contravention of the regulations any feed that may adversely affect animal or human health.
Fertilizers Act, c. F-10, 1985   Section 4 prohibits the sale of any fertilizer or supplement that contains destructive ingredients or properties harmful to plant growth when used according to the directions that accompany the fertilizer or supplement or that appear on the label of the package in which the fertilizer or supplement is contained.
Hazardous Products Act, c. H-3, 1985   This Act controls the sale, advertising and importation of hazardous products used by consumers in the workplace that are not covered by other acts and listed as prohibited or restricted products. The Act covers consumer products which are poisonous, toxic, flammable, explosive, corrosive, infectious, oxidizing and reactive; workplace hazardous materials; products intended for domestic or personal use, gardening, sports or other recreational activities, for lifesaving or for children (i.e., toys, games and equipment) which pose or are likely to pose a hazard to public health and safety because of their design, construction or contents.
Quarantine Act, c. Q-1, 1985   The Act authorizes the Minister of Health to establish quarantine stations and quarantine areas anywhere and to designate quarantine officers. These officers may inspect conveyances arriving in or departing from Canada, take protective measures against infested conveyances and their cargo and quarantine persons found infected with infectious or contagious diseases that would constitute a grave danger to public health in Canada.
Canadian Food Inspection Agency Act, c.6, 1997   The Act creates an agency that is responsible for the administration and enforcement of the Agriculture and Agri-Food Administrative Monetary Penalties Act, Canada Agricultural Products Act, Feeds Act, Fertilizers Act, Fish Inspection Act, Health of Animals Act, Meat Inspection Act, Plant Breeders' Rights Act, Plant Protection Act and Seeds Act.
Emergency Preparedness Act, c.6, 1985   The Act sets the federal responsibilities in the area of emergency preparedness. Section 7 establishes that every Minister accountable to the Parliament of Canada for the administration or affairs of a government institution is responsible for, inter alia, identifying the civil emergency contingencies that are within or related to the Minister's area of accountability and developing a civil emergency plan.
Pest Control Products Act, c. P-9, 1985   This Act and Regulations is intended to protect people and the environment from risks posed by pesticides. Pesticides include a variety of products such as insecticides, herbicides and fungicides. Any pesticide imported, sold or used in Canada must first be registered under this Act which is administered by the Pest Management Regulatory Agency of Health Canada.
Biological and Chemical Defence Review Committee (BCDRC), 1990   The Committee is mandated to review annually the research, development and training activities in biological and chemical defence (BCD) undertaken by the Department of National Defence (DND) to ensure that these activities are defensive in nature and conducted in a professional manner with no threat to public safety or the environment.
Laboratory Center for Disease Control Laboratory Safety Guidelines  
Human Pathogen Import Regulations Act, 1992   The Office of Laboratory Security assesses and develops regulations for biosafety, biosecurity and BW non-proliferation. The regulations control and track the use of imported dangerous pathogens in Canada. Under the regulations a special permit for the import of dangerous pathogens.

 

Cape Verde

   
Ministerial Decree number 1-F/91, 25 January 1991   Establishes rules that industrial businesses which transport, stockpile, manipulate, treat and eliminate toxic or dangerous products must follow. The businesses that foresee the use of toxic or dangerous products must fill out a declaration form before the Ministry of Industry and Energy and which will suggest preventive and security measures. If accidents occur due to a failure to implement preventive measures, the Ministry can opt for closing of the establishment until a further inspection is done.

 

Chile

   
Supreme Decree No. 1876/95, 1995  
Customs Law No. 18.164, 17 September 1982  
Sanitary Code Decree Law No. 725, 11 December 1967   Article 90. Fixes the conditions in which the manufacture, import, sale, withholding, transport, distribution, use and elimination of toxic substances and dangerous products of corrosive nature, irritable or inflamable; explosives of pirotectic nature and other substances that are harmful for the health, security and wellbeing of human beings and of animals.The products mentioned above can not be imported or manufactured in the country without previous authorization from the Direction for General Health.

 

China

   
Customs Law of the People’s Republic of China, 22 January 1987   Establishes the Customs General Authority and outlines its responsibilities and authority.
Criminal Law of the People’s Republic of China, 1 July 1979  
Measures for the People’s Republic of China for the Administration of the Export Registration of Sensitive Items and Technologies, 12 November 2002  
Regulation of the People’s Republic of China on Controlling the Export of Dual-Use Biological Products and Affiliated Technologies and Equipment, 14 October 2002  
Administration Measures for Genetically Modified Food Hygiene, 8 April 2002  
Measures for the Administration for the Safe Import of Agricultural Transgenic Living Things, 5 January 2002  
Measures for the Administration of Licenses for the Import of Goods, 1 January 2002  
Safety Administration Implementation Regulation No. 7 on Agricultural Biological Genetic Engineering, 1996   Promotes research and development in the area of agricultural biological genetic engineering with a view also to strengthening safety administration and preventing possible hazards caused by genetic engineering.
Safety Administration Regulation No. 17 on Genetic Engineering, 24 December 1993   Promotes research and development of biotechnology in China while guaranteeing public health of common citizens, preventing environmental pollution and maintaining ecological balance. Details safety control measures and legal responsibilities related to genetic engineering work.
Regulation on Plant Quarantine, 13 May 1992  
List of Articles Prohibited from Import and Export by Customs of the People’s Republic of China, 26 February 1991   Prohibits the import and export of various goods including various types of weapons, deadly poisons, and animals, plants and their by-products with hazardous germs or pests.
Law of the People’s Republic of China on the Management of Drugs, 20 September 1984 (Amended 28 February 2001)   Stipulates the launch, examination, approval, routine management and supervision of the enterprises that produce or sell drugs. It also prescribes punishment articles and establishes detailed requirements for the management of medicament of medical units.
Law of the People’s Republic of China on the Prevention of Animal Epidemics, 3 July 1997   Prescribes in detail the management of animal epidemics prevention, quarantine of animal and animal products, supervision of the prevention of animal epidemics management and liabilities.
Law of the People’s Republic of China on the Prevention and Control of Infectious Diseases, 21 February 1989 and its Implementation Regulations, December 1991   Establishes three categories of infectious bacteria and viruses based on toxicity and seriousness of the diseases caused, and spell out corresponding measures for the administration of the using, storing, carrying and shipping of such bacteria and viruses.
Environmental Protection Law, 26 December 1989   Article 24. Units that cause environmental pollution and other public hazards shall incorporate the work of environmental protection into their plans and establish a responsibility system for environmental protection, and must adopt effective measures to prevent and control the pollution and harms caused to the environment by waste gas, waste water, waste residues, dust, malodorous gases, radioactive substances, noise, vibration and electromagnetic radiation generated in the course of production, construction or other activities. Article 43. If a violation of this Law causes a serious environmental pollution accident, leading to the grave consequences of heavy losses of public or private property or human injuries or deaths of persons, the persons directly responsible for such an accident shall be investigated for criminal responsibility according to law. Article 44. Whoever, in violation of this Law, causes damage to natural resources like land, forests, grasslands, water, minerals, fish, wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws.
Regulations on Response to Public Health Emergent Incidents (Promulgated by the State Council on May 12, 2003)   Provides for the administration of quick response to serious outbreak of infectious diseases or unidentified mass diseases which may cause severe harm to public health, with a view to effectively preventing, containing and eliminating the harmful consequences.
Regulations on Labor Protection in Workplaces Where Toxic Substances Are Used, 3 April 2002   Establish measures on the safe use of toxic substances in working places.
Measures on the Administration of Animal Quarantine, 6 May 2002   Establish that all animals or animal products shall receive quarantine inspection by designated quarantine officers prior to selling or moving from the producing area. The consignor should apply in advance to local authority in charge of animal epidemic prevention for quarantine inspection.
Regulation of the People’s Republic of China on Controlling the Export of Dual-Use Biological Products and Affiliated Technologies and Equipment, 14 October 2002   Imposes a licensing system on the export of dual-use biological agents and related equipment and technologies. Without being licensed, no unit or individual shall export such dual-use items and technologies in the Control List. Exporter of dual-use items in the Control List shall apply with the competent export control department and provide the latter with certificate of end-user and end-use, document of guarantee and other required documents. Importer shall be obliged not to use dual-use biological agents and related equipment and technologies supplied by China for purposes other than the declared end-use or to transfer such items to any third party without the consent of the Chinese Government. The Regulations also introduce “catch-all” principle and provide for punishment for violators.
General Guidelines on Biological Safety in Microbial and Biological Medical Laboratory, 3 December 2002   Establishes detailed requirements for the criterion design of constructing laboratories of BL2 and above.
Administration Measures for Genetically Modified Food Hygiene, 25 April 2002   Establishes supervision and administration over genetically modified food so as to safeguard the health of consumers.
Measures for the Administration for the Safe Import of Agricultural Transgenic Living Things, 5 January 2002   Stipulates the research, trial, production, processing, marketing, import and export of the agricultural transgenic living things. They also prescribe the safety of animals, plants and microbes.
Measures on the Administration of the Reporting of Animal Epidemics (Promulgated by the Ministry of Agriculture on October 19, 1999)   Establishes the relevant authorities and stipulates in detail the reporting procedures.
Measures on the Administration of Plant Manufacturing Biological Products (Promulgated by the Ministry of Health in October 1993)   Establish detailed requirements for the review, approval and construction of production facility of biological products.
Regulations of the People’s Republic of China on the Administration of Veterinary Drugs, 21 May 1987 (Revised on 29 November 2001) and its Implementation Regulations, January 1998   Provides detailed procedures for the production, marketing, import and export, administration and monitoring of veterinary biological products. In addition, the Ministry of Agriculture has formulated, inter alias, the following administrative measures to ensure the effective implementation of the aforementioned regulations:Administrative Measures on Veterinary Biological Products; Administrative Measures on Imported Veterinary Drugs; Administrative Measures on the Management and Inspection of Veterinary Drugs; Administrative Measures on the Licensing of the Production of Veterinary Drugs and the Marketing of Veterinary Drugs and Veterinary Agents.
Law of the People’s Republic of China on Border Health Quarantine, 2 December 1986   Establishes that health and quarantine officers shall quarantine and monitor infectious diseases, carry out health inspections in accordance with the provisions of the law so as to prevent infectious diseases from spreading in or out of the country.
Regulations of the People’s Republic of China on the Storage and Administration of Microbial Bacteria Species, 8 August 1986   Details procedures on the separation, selection, collection, storage, identification, indexing, supplying and exchange of bacteria species.
Measures of the People’s Republic of China on the Administration of the Storage of Medical Microbial Bacteria Species, 23 March 1985   Provides detailed procedures on the classification, collection, storage, use, application and posting, external exchange of medical microbial bacteria species.
Presidential Order No. 64 , 29 December 2001   Amends the Criminal Law (Articles 114, 115, 120, 125, 127, 191) to strengthen the law with regard to terrorist acts. Prohibited activities include administering substances that are ‘toxic or poisonous, radioactive, pathogenic of contagious diseases’ (punishment 3-10 years imprisonment), spread of the same substances (punishment not less than 10 years, up to life imprisonment or death). The article also provides similar punishments for illegally manufacturing, trading, transporting, stockpiling, stealing or seizing substances that are poisonous, radioactive, or pathogenic of contagious disease. It also amends the criminal law to provide punishment of up to 5 years imprisonment for hoaxes including the administering of fake substances that appear to be toxic, poisonous or pathogenic of contagious disease.
Law of the People’s Republic of China on Quarantine Inspection of Import and Export Animal and Plant, 30 October 1991   Promulgates the attached Implementation Regulations and stipulates in detail the quarantine procedures of the goods for import, export and in transit. The goods include animals, plants, animal or plant products, other quarantinable goods (bacteria, serum, diagnosing fluid, cast-off of animal or plant), and their containers, wrapping or matting materials and vehicles.
List of Articles Prohibited from Import and Export by Customs of the People’s Republic of China, 26 February 1991(Revised and Promulgated by the General Customs Administration)   Lists weapons, toxins, narcotics, dangerous pathogenic bacteria, injurious insects and other harmful animals and plants and their by-products, food and drugs which may cause epidemics.
Law of the People’s Republic of China on the Prevention and Control of Infectious Diseases, 21 February 1989   Promulgates the attached Implementation Regulations and establishes three categories of infectious bacteria and viruses based on toxicity and seriousness of the diseases caused, and spell out corresponding measures for the administration of the using, storing, carrying and shipping of such bacteria and viruses.
Customs Law of the People’s Republic of China, 22 January 1987 (Revised 8 July 2000)   Establishes the Customs General Authority and outlines its responsibilities and authority.
Law of the People’s Republic of China on the Management of Drugs, 20 September 1984 (Amended 28 February 2001)   Stipulates the launch, examination, approval, routine management and supervision of the enterprises that produce or sell drugs. It also prescribes punishment articles and establishes detailed requirements for the management of medicament of medical units.
Measures on the Administration of the Prevention and Control of Infectious Severe Acute Respiratory Syndrome, 12 May 2003   Establishes detailed procedures of the reporting, notifying and publishing, preventing and controlling, medical treatment of SARS.
General Guidelines on Biological Safety in Microbial and Biological Medical Laboratory, 3 December 2002   Establishes detailed requirements for the design criteria of constructing laboratories of BL2 and above.
Measures on the Administration of Animal Quarantine, 6 May 2002   Establishes that all animals or animal products shall receive quarantine inspection by designated quarantine officers prior to selling or moving from the producing area. The consignor should apply in advance to local authority in charge of animal epidemic presentation for quarantine inspection.
Administrative Measures for Genetically Modified Food Hygiene, 25 April 2002   Establishes supervision and administration over genetically modified food so as to safeguard the health of consumers.
Regulations on Labour Protection in Workplaces Where Toxic Substances Are Used, 3 April 2002   Establish measures on the safe use of toxic substances in working places.
Measures for the Administration of License for the Import of Goods, 20 December 2001   Establishes the universal licensing system for imports. The States shall practice a licensing system for the import of goods which have quantity limitation or other limitations.
Regulations on the Safety Administration of Agricultural Transgenic Living Things, 23 May 2001   Stipulates the research, trial, production, processing, marketing, import and export of the agricultural transgenic living things. Also prescribes the safety of animals, plants and microbes.
Safety Administration Implementation Regulation No. 7 on Agricultural Biological Genetic Engineering, 1996   The measures establish corresponding safety levels according to the comprehensive evaluation on agricultural biological genetic engineering. The experimental research, interim trial and production and different safety levels should apply to corresponding agency for approval. The security control and emergency measures are also needed.
Tentative Measures on the Administration of the Storage of Veterinary Microbial Bacteria Species, November 1980   Establishes the administrative authorities and detailed procedures on the classification, collection, supply, identification and storage, use and external exchange of veterinary microbial bacteria, viruses and pathogenic insect species.
Law of the People’s Republic of China on Quarantine Inspection of Import and Export Animal and Plant, 30 October 1991   Promulgates the attached Implementation Regulations and stipulates in detail the quarantine procedures of the goods for import, export and in transit. The goods include animals, plants, animal or plant products, other quarantinable goods (bacteria, serum, diagnosing fluid, cast-off of animal or plant), and their containers, wrapping or matting materials and vehicles.

 

Colombia

   
Penal Code, Article 16 on Extraterritoriality   Outlines the Colombian policy on extraterritoriality. Colombian law shall apply to any person who commits an offence overseas against the State, the regime, the socio-economic order and the prison administration. The law also applies to an alien who commits abroad an offence against another alien if he is in Colombia, the offence carries a sentence of not more than 3 years in Colombia, the offence is not of a political character and a request for extradition has been refused by the Colombian government.
Penal Code Article 358 on Possession, manufacture and trafficking in hazardous substances or objects   Any person who illegally imports, introduces, exports, manufactures, acquires, has in his possession, steals, traffics in, transports or eliminates any hazardous waste or residue covered by international treaties ratified by Colombia shall be liable to imprisonment for 3-8 years and a fine of 11-200,000 months minimum salary. If pathogenic germs are released as a result of this activity the punishment will be increased by half.
Penal Code, Article 359 on Use of launching of hazardous materials   Any person who employs, sends, remits or launches against a person, building or conveyance or in a public place hazardous substances is liable to imprisonment for a period of 1-5 years (provided that such conduct does not constitute another offence).
Penal Code, Article 367 on Manufacture, importation, trafficking, possession and use of chemical, biological and chemical weapons   Any person who imports, traffics in, manufactures, stockpiles, keeps, acquires, steals, uses, or carries chemical, biological or nuclear weapons shall be liable to imprisonment for a period from 6-10 years. The penalty shall be increased by half if genetic engineering is used to produce chemical weapons or organisms that could exterminate the human species.
Decree No. 2535, 1993   Provide for the confiscation of weapons – outlines circumstances requiring confiscation and assigns responsibility for confiscation.
Political Constitution of Colombia Article 8   Prohibits the manufacture, import, possession, and use of chemical, biological, and nuclear weapons, reserving for the Government the introduction and manufacture of arms, war munitions, and explosives.
Political Constitution of Colombia Article 223   Only the Government can bring in and manufacture weapons, war munitions, and explosives.
Political Constitution of Colombia Article 88   The manufacture, import, possession, and use of chemical, biological, and nuclear weapons is prohibited, as is the introduction into the national territory of nuclear residue and toxic waste. The State regulates the entry into and exit from the country of genetic resources and their use, mindful of the national interest.
Law No. 559 on the Penal Code, 24 July 2000   Article 330 on the illicit managing of harmful micro-organisms. The person that manipulates, inoculates or propagates species, micro-organisms, molecules, substances or elements that may be harmful for the flora, fauna and hydro biological resources or that may alter in a harmful way their population, will be imprisoned from 2-6 years and will be fined from 300 to 10, 000 minimum monthly wages. The person that engages in genetic manipulation or illegally introduces into the country GMOs will undergo the same punishment. Article 332 on polluting the environment. The person that pollutes the air, the atmosphere and other aerial spaces, the ground, the sub-ground, the water, the flora and fauna or hydro-biological resources, will be imprisoned from 3-6 years and will be fined from 100 to 25,000 minimum monthly salary wages. The punishment will increase if the perpetration was a terrorist act.
Law No. 10, 4 February 1980   Adheres the Biological Weapons Convention to their national law.
Law No. 491, 13 January 1999   Article 17 on the possession, fabrication and traffic of dangerous substances. The person who illicitly imports, exports, frabricates, acquires, possesses, supplys, transports or eliminates substances, objects, wastes or nuclear residue, will b imprisoned from 3-8 years and will be fined from 50 to 300 months of minimum wage salaries. The punishment will increase if the weapons are either chemical, biological or nuclear.

 

Costa Rica

   
Regulation for the registration and control of toxic substances and of toxic and dangerous products, 21 March 1995   Concerns the importation, manufacturing, rebottling, sale, distribution or administration of substances, products and objects judged to be dangerous due to their radioactive, flammable, corrosive or irritant nature or for any other reason. Defines role of various agencies; information to be provided by importers, manufacturers etc. of toxic and dangerous substances and products (name and address of the company; name, properties and toxicity information of the substance or product; first aid and other emergency instructions); labelling requirements; updating of information on chemicals; importation, handling, use and storage requirements; emission of permits; technological emergencies; technical advisory services; prohibitions.
Regulation No. 21406-S concerning the registration and control of toxic or dangerous substances, products and objects, 17 September 1992   Modifies Decree No.16335-S of 1985 concerning the general classification and definition of dangerous substances. Topics: approval; classification; combustible substances; control of issue of dangerous materials; corrosive substances; dangerous substances; explosion prevention; labelling; law; radioactive substances; safety and health organization; toxic substances.
Regulation No. 16335-S concerning the general classification and terminology of dangerous substances, 3 July 1985   Modified by Decree No.21406-S concerning the registration and control of toxic and dangerous products or substances. Topics: classification; combustible substances; control of issue of dangerous materials; corrosive substances; dangerous substances; dissolved gases; explosive substances; flammable liquids; flammable substances; law; liquefied gases; radioactive substances; toxic substances.

 

Croatia

   
National Security Strategy, March 2002   Expresses readiness and interest of Croatia in further modernizing its national legislation in terms of import/export controls through acceding to other international arrangements in the field of arms control like the Wassenaar Arrangement, Australia Group and Missile Technology Control Regime.
Croatian Criminal Law, 21 October 1997   Article 163 Defines the illegal sale or possession of both biological or chemical weapons, as well as any other weaponry banned by international treaty or convention, to be a criminal offence punishable by imprisonment. Paragraph 1: "Whomsoever constructs or develops, produces, attains, stores, offers for sale or purchases, brokers in the sale or purchase, possesses, transfers or transports chemical or biological weapons, or any other military equipment which is prohibited by international law, will be punished by imprisonment for 3 months to 3 years duration". Paragraph 3: "If the execution of a criminal offence pursuant to paragraph 1 of this Article causes the death of one or more persons, the executor of the criminal offence will be punished by imprisonment of at least 5 years duration or longer term imprisonment".

 

Cuba

   
Resolucion No 42/99   Establishes the official lists of the biological agents most used in Cuba and its distribution in risk groups to determine their safety requirements that, from a biological point of view, will be observed by the personnel in charge of their manipulation.
Resolucion No 76//2000   Regulates the proceeding from which the authorizations for “Biological Safety” will be solicited and granted for their use in activities related to the use, import and export of biological agents, toxins and the products, organisms and fragments of these, with genetic information.
Resolucion No 8/2000   Establishes the group of norms that regulate the implementation of biological safety in the facilities where biological agents and organisms are manipulated.
Decreto-Ley 190 de la Suguridad Biologica, 28 January 1999   Complements Law No. 81 on the Environment. Within its objectives lies the goal of regulating the use, iport and export of biological agents products, organisms and fragments with genetic information. States that all activities on organisms are subject to go through a licensing procedure by the Ministry of Science, Technology and the Environment, which is the competent authority in these cases. Article 13 addresses the assessment and issuing of licenses for activities involving a high biological risk.
Resolucion No 67/96, 7 October 1996   Establishes the creation of the National Centre for Biological Safety which will organize, direct, supervise and control the national biological safety system and will also organise, direct and control the steps Cuba has taken in fulfilling its obligations with international agreements, such as the Biological Weapons Convention.
Decreto-Ley No. 137   Establishes preventive sanitary-veterinary methods in order to guarantee in Cuba the well being of animals in general and the health of man.
Resolucion No 366/90, 27 June 1990   Regulates the imports of materials under quarantine in the Cuban Republic.
Decreto No. 169, 17 April 1992   Imposes sanctions on those who violate the Law.
Resolucion No 346/86, 20 September 1986   Regulates the import of animals, animal products, or biological products of any origin which may harm the animal health in the national territory.
Law No. 13 on Protection and hygiene law in the workplace  
Law No. 41 on Public Health  
Decree-Law No. 54 on Basic Sanitary Provisions  
Decree No. 101 on the General Regulations of the Protection and hygiene law in the workplace  
Decree No. 139 on Regulatory public health law  
Decree No. 110 on the Regulation for the sanitary protection of pigs  
Decree No. 181 Contraventions of the regulations on veterinary medicine  
Decree No. 164 on Fishing Regulations  
Decree Law No. 153 on Vegetable Hygiene  
Decree No. 175 on the Regulations on the quality of seeds and its contraventions  
Resolution No. 441 on the List of objects on vegetable quarantine of the Republic of Cuba  
Decree Law No. 200 on the Contraventions in regards to the environment  
Resolution No. 130 on the Regulation for the national environment inspection  
Resolution No. 111 on the Regulations on biodiversity  
Resolution No. 87/99 on the Regulations on the role of the national authority according to the Basel Agreement on the transfer of dangerous wastes  
Resolution No. 77 on the Regulation on the evaluation of the environmental impact  
Resolution No. 19 on the Regulation on the contraventions regarding the environment  
Law No. 49 on the Labour Code  
Decree Law No. 170 on Measures of Civil Defence  
Decree No. 104 on the Regulations and violations of the international sanitary control  
Decree law No. 147 on the reorganization of the State's Central Administrative Organisations  
Decree Law No. 99 on Personal contraventions  
Decree No. 100 on the General Regulation on the inspection of the State's Central Administration  
Resolution No. 7 on the List of Products whose import, with no commercial means, through consignment , is prohibited  
Accord No. 4728   Appoints the Science, Technology and Environmental Ministry as national authority in the issues referred in the Biological Weapons Convention.
Resolution No. 104/02 on the Regulation for the implementation of the requirements and procedures of bio-safety in the facilities which use biological agents  
Measures on the Administration of Plant Manufacturing Biological Products, October 1993   Establish detailed requirements for the review, approval and construction of production facility of biological products.

 

Cyprus

   
The Defence (Exportation of Goods) Order of 2000, 31 March 2000   Makes exportation, re-exportation and transit of the goods and substances referred to in the First and Second Schedule of this Order subject to an exportation licence in keeping with Cyprus’ obligations as a member of the Australia Group and the Nuclear Suppliers Group. The schedules to the Order list the goods and substances subject to control.
The Defence (Exportation of Goods) Regulations, 1993   Provides the Minister of Industry and Commerce with the authority to prohibit the exportation, re-exportation or transit of goods with any destination, as prescribed by the Order, where the restriction and regulation of specific goods is deemed necessary. Outlines provisions and requirements for export licensing and also provides punishments for violation of imprisonment for a term not exceeding 3 years or to a fine not exceeding 1,500 pounds or to both of these penalties.
The Customs and Excise Law No. 82, 1967   Prohibits according to Para 49, any shipment or export contrary to any prohibition or restriction for the time being in force with respect to those goods under or by virtue of any enactment. Outlines punishments for violation including a fine not exceeding three times the value of the goods or one hundred pounds, whichever is the greater, or to imprisonment not exceeding 2 years, or both.

 

Czech Republic

   
Trades Licensing Act  
Biological Act  
Act No. 412/2002 Criminal Act  
Act No. 552/1991  
Act No. 166/1999   Implements provisions of the Veterinary Act on veterinary care and amends some related Acts on animal health and its protection, on veterinary conditions for import, export and transit of veterinary goods, on veterinary asanation and attestation study.
Act No. 21/1997 on Control of Exports and Imports of Goods and Technologies Subject to International Control Regimes, 24 January 1997   Implements a comprehensive legal norm, allowing the protection of state interests without unnecessarily limiting the business operations of manufacturers and dealers in controlled goods. Following the principles of EU legislation, this law strengthens the effectiveness of export controls through new instruments and powers for state authorities, and by the stressing of prior exporters' responsibility for the verification of end-use documents and of the stated end-use of exported goods. Includes a "catch-all-clause" and preliminary consent (voluntary or compulsory) to talks with foreign partners before the conclusion of a contract are specific elements of the national control system.
Decree No. 44/1997 of the Ministry of Industry and Trade, 1997   Lists items subject to export control.
Decree No. 43/1997 of the Ministry of Industry and Trade, 1997   Lists items subject to export control.
Decree No. 89/1994 of the Ministry of Industry and Trade, 12 April 1994   Provides the list of military matériel relevant to acts on the foreign trade in military materiel. And on the law 455/1991 (Trades Act) and 140/1961 (Penal Act).
Act No. 38/1994 of the Legal Code, 15 February 1994   Requires approval of the Ministry of Foreign Affairs for permits for foreign trade in military materiel, outlines licensing provisions and also punishments for violation under Act. No. 545/1990. Article 4 notes that mass destruction weapons may not be the object of trade in military matériel.
Government Decree No. 192/1988 on the Code on Poisons and Other Harmful Substances  
Penal Code of the Czech Republic, Section 24 on control of exports and imports of goods and technologies subject to international control regimes   Should an exporter, an importer or any other entity of transport controlled goods from the customs territory of the Czech Republic abroad, or from abroad to the customs territory of the Czech Republic without a valid license although a license is required hereunder, the following penalties shall be inflicted: forfeit of controlled goods and a fine of 20 million CEK.
Veterinary Act  
Act No. 281 on the Prohibition of Biological Weapons, 2002   Establishes a governmental administration body to supervise observance of the prohibition against biological and toxin weapons, establishes a system of record-keeping, outlines licensing requirements for handling highly hazardous agents and toxins, defines government control and supervision over handling, defines the authority of inspectors and creates a legal framework for international inspections and establishes penalties and other sanctions for violation of the Act.
Decree No. 474, 2002   Contains the list of highly hazardous biological agents and toxins and outlines the professional qualifications required to handle these agents. Also outlines the record-keeping and data system.

 

Denmark

   
Executive Order No. 468 on exports of dual-use goods, technologies and know-how about ratification of the Legislation of European Union, 13 June 1995   Supplements the following EU Legislation on control of dual-use goods. Applies to exports to third countries of dual-use goods, technologies and know how from the European Community's customs territory, including exports from the Free Port of Copenhagen and customs warehouse
Act on Environment and Genetic Engineering No. 356, 6 June 1991   Contributes to safeguarding of nature and the environment in Denmark, thus ensuring a sustainable social development in respect of human conditions of life and for the protection of flora and fauna. Also seeks to protect human health and nutrition in connection with genetic engineering.
Notification No. 864 on biological agents and the work environment, 20 November 1993   Implements directive 90/679/EEC and applies to all work involving risk of exposure to biological substances (microorganisms, cell cultures, human parasites). The principle of substitution is stated, meaning that whenever a harmful biological agent can be substituted by a less harmful one, the more harmful agent may not be used. Work must generally be planned in such a way that no hazards occur. If this is not possible, other safety measures must be taken by the employer. Safety instructions must be provided in writing. If employees are exposed to harmful biological agents, a record must be kept of this for 40 years. Employees have the right to medical examination before employment and regularly thereafter. Work with harmful agents must be reported to the Work Environment Service. Any accident that might lead to the contamination of workers must be reported to the local Work Environment Service. In annex: list of microorganisms, with hazard classification and labelling requirements.
Notification No. 684 on genetic technology and the working environment, 1991  
Labour Inspectorate Directives Concerning Hazardous Substances and Preparations, May 1978   Guides plant management and safety services on the links between the legislation concerning toxic substances and the law concerning the working environment. Contents: rules for identifying substances according to the legislation concerning toxic substances (symbols and warning captions giving information on hazards, precautions, storage, permits to buy toxic substances); occupational safety and health (OSH) rules for using the products in workplaces, according to the legislation concerning the workplace environment; examples of OSH action to be taken according to identification codes (substances liable to explode in certain conditions, substances liable to cause fires, substances reacting with others.
On promulgation of an act on a scientific ethical committee system and the handling of biomedical research projects  

 

Dominica

   
Noxious and Dangerous Substances (Control) Act, 2 February 1982   Provides for the control of noxious and dangerous substances. Governs the licensing requirements for storage of such substances and for the inspection of premises. Grants the minister responsible for trade with the power to make regulations for the purposes of carrying out the act.
Biological Weapons Act   Prohibits the development, production, stockpiling, acquisition, retention or use of biological or microbiological agents or toxins of a type or in quantities that have no justification for prophylactic, protective or other purposes. It also prohibits the use of these agents for hostile purposes or armed conflict.
Extradition Act, Chapter 12:04   Prohibits the development, production, stockpiling, acquisition, retention or use of biological or microbiological agents or toxins of a type or in quantities that have no justification for prophylactic, protective or other purposes.

 

Ecuador

   
Health Code Law No. 188, 8 February 1971  
National Constitution, 11 August 1998   Article 90. Prohibits the manufacturing, import, possession and use of chemical, biological and nuclear weapons as well as the introduction to the territory of nuclear residue and toxic waste. The State will regulate the production, import, distribution and use of those substances, disregarding their use be toxic and dangerous for human beings and the environment.Part VII. of the National Constitution on compromises to consolidate the outlaw of nuclear, chemical and biological weapons.Prohibits the development, production, adquisition, stockpiling and use of biological weapons and their toxins under any circumnstances as stated in the BWC of 1972. Follows the confidence Building Measures set up in the 3rd Review Conference of the BWC.. Prohibits the development, use, production, adquisition or stockpiling of chemical weapons.
Joint Declaration on the Complete Prohibition of Biological and Chemical Weapons.Mendoza Compromise, 2000   Indicates a commitment not develop, produce, use, acquire, stockpile, retain, and transfer directly or indirectly, chemical or biological weapons.
Law No. 49, 20 January 2002   Amends the Penal Code with Article 437-a which indicates that any person who produces, introduces, deposits, sells, possesses or uses hazardous toxic waster, radioactive substances or similar substances which constitute a danger to human health shall be punished by imprisonment from 2-4 years. It indicates a similar penalty shall be imposed on any person who produces, sells, possesses or introduces chemical or biological weapons.
Municipal Ordinance 1, Preservation of the environment in the Sevilla de Oro Canton, 22 May 2001   Article 1 (h) pertains to the prohibition on the manufacture, possession and use of chemical, biological and nuclear weapons, as well as the introduction into the canton of nuclear and toxic wastes.
Municipal Ordinance, on Environmental preservation and control in Gualaceo   Article 1 (g) regulates ‘under strict rules of bio-security the propagation in the environment, experimentation , use and sale of genetically modified organisms. Article 1(h) prohibits the production, possession and use of chemical, biological and nuclear weapons, as well as the introduction into the territory of nuclear and toxic waste.Article 1 (g) regulates ‘under strict rules of bio-security the propagation in the environment, experimentation , use and sale of genetically modified organisms. Article 1(h) prohibits the production, possession and use of chemical, biological and nuclear weapons, as well as the introduction into the territory of nuclear and toxic waste.
Constitutional Law on Customs   Article 15 Dictates that the President of the Republic by decree and having obtained favourable opinion of the Council of Overseas Trade and Investments shall, subject to international treaties and when the interests of the country so require, reform or suppress customs duties both in name and in tariff.
Supreme Decree No. 3757 RO/331 on Weapons, Munitions, Explosives and Accessories, Manufacture, Import, Export, Sale and Possession, 7 November 1980   Article 5 Extends the controls of the decree to various substances including toxic substances and facilities designed to produce, stockpile and sell those substances. Breaches of the provisions of the law are subject to imprisonment for a period of 3-6 years and a fine ranging from 5,000-10,000 sucres.

 

El Salvador

   
Environmental Law, Decree No. 233, 2 March 1998   Article 42. Natural persons or juridical persons, the State and its decentralised entities are obliged to avoid any actions that may harm the environment and prevent, control and denounce, to the competent authorities, the contamination that may harm the health, the quality of life of the people and the ecosystems, especially the activities that may contaminate the atmosphere, water, land and coast.Art. 57. The import, transit, distribution and stockpiling of dangerous substances will be authorized by the Ministry in coordination with the Public Health Department and Social Services, the Department of Economy and the Higher Counsel for Public Health; a special regulation will regulate the proceedings on this subject. Art. 58. The Ministry, in coordination with the Public Health Department and Social Services, the Department of Economy in accord with the pertinent laws and regulations of the same, will regulate the handling, stockpiling, and final of toxic wastes produced in the country. Art. 59. Prohibits the import of dangerous wastes into he territory, as well as its transit, spreading and stockpiling. Art. 60. All people, natural or juridical that use, generate, collect, stockpile, re-use, re-cycle, commercialise, transport and treat dangerous substances, residues and wastes will have to obtain the corresponding Environmental Permit in accordance with what is established in this law. Art. 68. The Ministry, with the support of specialised institutions, will apply the security norms of which they are going to rely on the resulting varieties from the human actions through biotechnology, supervising their work with the means to minimise the adverse impact over native biological diversity.
Decree No. 41. Special Regulation Regarding Dangerous Substances, Residues and Dangerous Wastes   Article 6: Obligations for the importerThe importer of dangerous weapons will have to provide the ministry the technical information to evaluate the dangerous weapons and the posible risks that these may cause to the human life and the environment. Article 17. Responsibilities of the generator and other agents in the processThe generators of dangerous residues, just as natural persons or juridical persons that use, generate, collect, stockpile, re-use, re-cycle, commercialise, transport or treat such residues, will be responsible for fulfilling the arrangements of this Law, this Regulation and the technical rules from which these are derived from, being obliged to determine its danger and to register in the Council as well as updating themselves in such registry. Article 33. On TransportProhibits the transport of dangerous wastes by air, except in small quantities that are accepted by the airline. In such case, for the issuance of such Environmental Permit, the holder of such permit will have to present the acceptance in writing to the airline company. Restrictions will be applied to the transport of wastes observed in the Convention of Basel and the rest of the pertinent international treaties aplicable in El Salvador.

 

Estonia

   
Strategic Goods Import, Export and Transit Act, 6 April 1994   Regulates the import of strategic goods into, and exports of strategic goods from, the customs territory of Estonia and the transit of strategic goods through the customs territory of Estonia. Also regulates the import of weapons and ammunition into the customs territory of Estonia, the export of single weapons from Estonia, and the transit of single weapons through the customs territory of Estonia; insofar as these are not regulated by other Acts. The export of weapons and ammunition from Estonia and the transit of weapons and ammunition through the customs territory of Estonia is regulated by this Act or international agreements. The country’s export control system is based on the guidelines of groups such as the Australia Group and the NSG.
Strategic Goods Import, Export and Transit Act, 6 April 1994 (Amended 16 June 1999)  
Strategic Goods Import, Export and Transit Act, 6 April 1994 (Amended 19 June 2002)  
Penal Code of Estonia, 6 June 2001 Article 93 on Manufacture and distribution of prohibited weapons   Outlines a punishment of 3-12 years imprisonment for a person who designs, manufactures, stores, acquires, hands over, sells or provides or offers for use in any other manner a chemical, biological or bacteriological weapon or any other internationally prohibited weapon of mass destruction or other weapon, or essential components thereof.
Penal Code of Estonia, 6 June 2001 Article 103 on Use of prohibited weapons   Outlines punishment of 3-12 years imprisonment for use of biological, bacteriological or chemical weapons or other weapons of mass destruction, toxic weapons, toxic or asphyxiating gases, booby traps, expanding bullets, weapons injuring by fragments which escape X-rays, or other internationally prohibited weapons, or large-scale use of incendiary weapons under conditions where the military objective cannot be clearly separated from civilian population, civilian objects or the surrounding environment.
Regulation No. 274, on the Establishment of Exceptions to Requirement of Import, Export or Transit Licences for Strategic Goods September 1999   Indicates that an import, export or transit licence shall not be required upon the import, export or transit of goods included in the list of exempt strategic goods in the mentioned Regulation.
Regulation No. 281 on Procedure for Import, Export and Transit of Strategic Goods, 28 September 1999   Indicates that the Strategic Goods Import, Export and Transit Control Commission shall issue, extend and revoke import, export and transit licences necessary for the import of strategic goods into and export thereof from the customs territory of Estonia and transit thereof into third countries via the customs territory of Estonia.

 

European Union

   
Commission Directive 98/74/EC, 1 October 1998   Amends Council Directive 93/75EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods
Commission Directive 97/34/EC, 6 June 1997   Amends Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods.
Commission Directive 96/87/EC, 13 December 1996   Adapts to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail.
Commission Directive 96/39/EC, 19 June 1996   Amends Council Directive 93/75/EEC concerning minimum requirements for bound for or leaving Community ports and carrying dangerous or polluting goods.
Council Directive 98/55/EC, 17 July 1998   Amends Council Directive 93/75EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods.
Council Directive 96/49/EC, 23 July 1996   On the approximation of laws of the Member States with regard to the transport of dangerous goods by rail.
Council Directive 94/55/EC, 21 November 1994   n the approximation of the laws of the Member States onteh transport of dangerous goods by road.
Council Directive 93/75/EC, 13 September 1993   Establishes minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods.
Council Decision 2002/381/CFSP, 21 May 2002   Implements Joint Action 1999/878/CFSP with a view to contributing to the European Union cooperation programme for non-proliferation and disarmament in the Russian Federation.
Council Regulation 2002/880/EC, 27 May 2002   On a Community regime for the control of exports of dual-use items and technology.
Council Regulation 2001/2432/EC, 20 November 2001   On a Community regime for the control of exports of dual-use items and technology
Council Regulation 94/3381/EC, 19 December 1994   On a Community regime for the control of exports of dual-use items and technology.
Council Decision 94/942 CFSP, 19 Dec 1994   On the Joint Action adopted by the Council on the basis of Article J 3 of the Treaty on European Union on export controls of dual use of goods.
Council Directive 2000/29/EC, 8 May 2000   On protective measures against the introduction into the Community of organisms harmful to plants or plant products and their spread within the Community.
Council Directive 95/44/EC, 26 July 1995   Establishes the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V of Council Directive 77/93/EEC may be introduced into or moved within the Community for trial or scientific purposes.
Council Directive 2001/83/EC, 6 Nov 2001   On the Community Code to medicinal products for human use
Council Directive 2001/82/EC, 6 Nov 2001   On the Community Code to veterinary medicinal products
Council Directive 2001/18/EC, 12 March 2001   On the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC. Establishes a regulatory framework for work on and release of GMOs. Provides risk assessment criteria and emergency response provisions.
Council Joint Action 1999/878/CFSP, 17 December 1999   Establishes a cooperative programme for non-proliferation and disarmament in the Russian Federation.
Council Common Position 2002/976/CFSP, 12 December 2002   Most recent amendment of 2002/931/CFSP and its list, contained in the Annex. Also repeals the previous amendment 2002/847/CFSP.
Council Common Position 2001/931CFSP, 21 December 2001   Establishes a list of suspected terrorists, defines terrorism to include those who manufacture, acquire, possess, transport, acquire, supply or use WMD. Requires Member States through police and judicial cooperation to assist each other in preventing and combating terrorist acts.
Council Directive 93/88/EEC, 12 October 1993   Amends Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work to technical progress
Council Directive 90/679/EEC, 26 November 1990   On the protection of workers from risks related to exposure to biological agents at work. Requires manufacturers, importers, distributors, and suppliers to provide safety data sheets for microorganisms.
Council Regulation 149/2003/EC, 27 January 2003  
Council Regulation No. 1334/2000   Article 4 extends to items which become subject to export controls if they are intended in their entirely or in part for particular end uses including in connection with the development, production, handling, operation, maintenance, storage, detection, identification, or dissemination of chemical, biological or nuclear weapons or missiles capable of delivering such weapons.
Council Decision 96/613/CFSP, 22 October 1996   Amends Decision 94/942/CFSP on the joint action adopted by the Council on the control of exports of dual-use goods. Contains the list of dual-use goods subject to controls within the European Union.
Council Regulation 2309/93/EEC, 26 July 1993   Lays down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products.
Council Directive 97/35/EC   Amends Council Directive 90/220/EC on deliberate release into the environment of GMOs.
Council Common Position 1999/346/CFSP, 17 May 1999   Relates to progress towards a legally binding Protocol to strengthen compliance with the Biological and Toxin Weapons Convention (BTWC), and with a view to the successful completion of substantive work in the Ad Hoc Group by the end of 1999.
Council Common Position 98/197/CFSP, 4 March 1998   Promotes the early and successful conclusions of Ad Hoc Group negotiations and requires member States to continue to promote universality of the Convention.
Council Common Position 96/408/CFSP, 25 June 1996   Relates to preparation for the Fourth Review Conference of the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC).
Council Directive 2000/29/EC, 8 May 2000   On protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Council Directive 98/81/EC, 26 October 1998   Amends Directive 90/219/EEC on the contained use of genetically modified organisms. Requires Member States to take all appropriate measures to avoid adverse effects of genetically modified micro-organisms and carry out a risk assessment before release into the environment.
Council Directive 95/44/EC, 25 July 1995   Establishes the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections
Council Directive 90/220/EEC, 3 April 1990   On the deliberate release into the environment of genetically modified organisms.
Council Directive 90/219/EEC, 23 April 1990   On the contained use of genetically modified micro-organisms.
Commission Directive 94/51/EEC, 7 November 1994   Amends Council Directive 90/219/EEC to technical progress on the contained use of genetically modified organisms.
Commission Directive 94/3/EC, 21 January 1994   Establishes procedures for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger.
Commission Decision 94/730/EEC, 4 November 1994   Establishes simplified procedures on the deliberate release of genetically modified plants into the environment.
Council Directive 2000/54/EC, 18 September 2000   On the protection of workers from risks related to exposure to biological agents at work.
Commission Directive 97/65/EC, 26 November 1997   Adapts Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work to technical progress.
Commission Directive 97/59/EC, 7 October 1997   Adapts Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work to technical progress
Commission Directive 95/30/EC, 30 June 1995   Adapts Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work to technical progress.

 

Fiji

   
Penal Code of Fiji, 1978 Article 229 on Maliciously administering poison with intent to harm   Article 229 on Maliciously administering poison with intent to harmAny person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, andy person, and thereby, endangers his life, or does him grievous harm, is guilty of a felony and liable to imprisonment for 14 years.
Penal Code of Fiji, 1978 Article 230 on Unlawful wounding   Article 230 on Unlawful woundingAny person who unlawfully wounds another is guilty of an offence and is liable to imprisonment for 2 years with or without corporal punishment.
Penal Code of Fiji, 1978 Article 231 on Unlawful poisoning   Article 231 on Unlawful poisoningAny person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, is guilty of a felony and liable to imprisonment for 3 years with or without corporal punishment.

 

Finland

   
Penal Code of Finland, 39/1889   Chapter 1, Sections 1-3 on War CrimesChapter 34, Sections 4-5 on Health Endangerment (Amended 18 October 2002 with regard to terrorism and biological weapons)
Act on Transport of Dangerous Goods 719/1994   Outlines safety provisions to prevent or avert any hazard dangerous goods might pose to people, the environment or property. Applies to transport by rail, road, aircraft and vessel. Outlines the obligations of the relevant authorities and all those involved in the transport process. Also makes requirements with regard to the packaging of dangerous goods.
Act on Transport of Dangerous Goods 719/1994 (Amended 9 February 2001)   Outlines safety provisions to prevent or avert any hazard dangerous goods might pose to people, the environment or property. Applies to transport by rail, road, aircraft and vessel. Outlines the obligations of the relevant authorities and all those involved in the transport process. Also makes requirements with regard to the packaging of dangerous goods.
Decree on the Transport of Dangerous Goods by Air 210/1997, 11 March 1997   Implements the Technical Standards for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization. Listed classifications of dangerous goods include toxic and infectious substances.
Decree on the Export and Transit of Defence Materiel 108/1997, 7 February 1997   Outlines export and licensing requirements for defence materiel. Allows the export of defence materiel and their transit only if an authorization (export licence) has been granted. Anyone who illicitly exports defence materiel or who surrenders or transfers abroad the right to manufacture defence materiel, or who transports, through Finnish territory, defence materiel into a third country, or attempts to do so, shall be sentenced for an export crime to a fine or to imprisonment for a maximum period of four years.
Decree on the control of exports of dual-use goods 645/96, 23 August 1996   Outlines the requirements of export licenses necessary for dual-use goods including for those falling under the regime for export controls in the chemical and biological field.
Decision of the Council of Ministers on the General Guidelines for the Export and Transit of Defence Materiel 474/95, 24 March 1995   Sets general guidelines for the export and transit of defence material, and states that The Biological and Toxin Weapons Convention, The Convention on Certain Conventional Weapons and The Chemical Weapons Convention (ratified by Finland but not yet in force) should be respected.
Decree on the Enforcement of the Basel Convention 362/1992  
Act on the Acceptance of Certain Regulations in the Basel Convention 361/1992  
Act on Contagious Diseases 1985/583, 25 July 1986  
Order No. 492 Concerning Toxic Substances, 1 July 1980   Applies to substances having acute toxic effects on man and animals, corrosive, irritant, allergic, carcinogenic, mutagenic and embryotoxic effects, cumulative properties or other harmful biological effects, contains provisions on their declaration, importation and manufacture (prior authorisation from the Labour Inspectorate required), on the responsibilities and qualifications of middle-management staff supervising the manufacture or processing, and on storage and handling of toxic substances.
Ordinance on Toxic Substances, 1 July 1980   Covers biologically harmful substances which are acutely toxic for man and animals, corrosive, irritant or allergenic, which exert carcinogenic, mutagenic or embryotoxic effects, and which have cumulative properties. It lay down provisions for the declaration and import of such substances and for their manufacture (authorisation by labour inspectorate is required; the process must be supervised by qualified personnel); storage and handling.
Act on the Control of Dual-use Goods and Technologies No. 562/1996 (Amended by Act No. 891/2000)  
Act on Transport of Dangerous Goods No. 719, 1994  
Decree of the Council of State on Transport of Dangerous Goods by Road No. 194, 2002  
Decree of the Council of State on Transport of Dangerous Goods by Rail No. 195, 2002  
Decree of the Council of State on Transport of Dangerous Goods in Packaged Form by Sea, No. 666, 1998  
Decree of the Ministry of Transport and Communications on Transport of Dangerous Goods by Road No. 277, 2002  
Decision of the Finnish Maritime Administration on Transport of Dangerous Goods in Packaged Form by Sea, 28 December 2000  
Decision of the Finnish Aviation Administration on Transport of Dangerous Goods by Air, OPS M1-18, 2001  
Act on Animal Diseases No. 55, 1980  
Act on Veterinary Border Control No. 1192, 1996  
Act on Gene Technology No. 377, 1995  
Communicable Diseases Act No. 846, 1986  
Ordinance of the Ministry of Health and Social Affairs No. 44/021/97, 1997  
Communicable Diseases Decree No. 786, 1986  
Penal Code Amendment Act, 2003   Incorporates specific penal provisions concerning terrorism and biological weapons into the penal code.
Penal Code of Finland, 39/1889, (Amended 18 October 2002 with regard to terrorism and biological weapons) Chapter 11, Section 7b on Breach of the prohibition of biological weapons   Constitutes a dedicated criminalization of all acts that are contrary to the BWC. Also the use of biological weapons is covered by this penal provision.
Penal Code of Finland, 39/1889, (Amended 18 October 2002 with regard to terrorism and biological weapons), Chapter 34a on Terrorist Offences   Contains provisions on offences committed with terrorist intent, preparation of such offences, directing a terrorist group, facilitation of the activities of a terrorist group, and financing of terrorism. It criminalizes also any terrorist activity or preparation of terrorist acts that may involved biological weapons or toxins. It imposes criminal liability also to persons involved in a hoax or preparation of the same.

 

France

   
Ordinance on the export controls to third countries and transfers to European Community countries of the dual-use goods, 5 May 1995  
Ordinance on the export controls of the dual-use goods to battle against chemical and biological proliferation, 5 May 1995  
Order on establishment of a list of pathogenic biological agents, 18 July 1994 (Amended 17 April 1997, 30 June 1998)   Establishes a list of pathogenic biological agents.
Decree No. 94-352 relating to the protection of workers against risks resulting from their exposure to biological agents and amending the French Labour Code, 4 May 1994   Provides general rules for the evaluation and prevention of biological hazards (in particular: provision of workers with equipment adapted to the risk; introduction of collective and personal protection measures; implementation of hygiene measures designed to eliminate or reduce the risk of propagation of infection; etc.); training and information; measures for special activities (those involving contact with patients, or with live or dead animals, in hospitals, laboratories etc.); medical supervision of workers potentially exposed to biological agents.
Order establishing the list of dangerous work categories requiring a written safety policy, 19 March 1993   Lists 21 occupational categories for which French legislation prescribes a written safety policy including exposure to pathogenic organisms among others.
Order in council relating to the procedure for importation and exportation of war material, arms and munitions, and analogous material, 2 October 1992   States that the Minister of the Budget (general directorate for customs and excise) can deliver an exceptional derogation from the prohibition to import upon favourable advice from the Ministers of Foreign Affairs, of Defence, and of the Interior, each insofar as it concerns them.However, in the following cases, the Minister can directly deliver exceptional authorisation to the prohibition to import:-weapons and munitions of the first and fourth categories imported by persons, physical or moral, upon presentation of the authorisation provided for at Article 15 of decree-law of 18 April 1939;-weapons and munitions of the fifth category;-weapons of the sixth category.The importation of material, arms, and munitions destined to the Minister of Defence are the object of import authorisations delivered upon simple request and addressed to the Minister of the Budget (general directorate for customs and excise).
Act No. 72-467, 9 June 1972   Prohibits the “development, manufacture, possession, stockpiling, acquisition and transfer of biological or toxin-based weapons,” and stipulates criminal prosecution for anyone who violates it.
Penal Code of France Article 421-1   Classifies the designing, production, keeping, stocking, purchase or sale of biological or toxin-based weapons an act of terrorism whether it is committed intentionally in connection with an individual or collective undertaking the purpose of which is seriously to disturb the public order through intimidation or terror.
Penal Code of France Article 421-3   Provides the imprisonment time and fine to be paid related to the violation.
Penal Code of France Article 715   Makes some corrections on Article 421 and restates that “the offences referred to under articles 1 and 4 of the Act No. 72-467 of 9th June 1972 forbidding the designing, production, possession, stocking, purchase or sale of biological or toxin-based weapons.”
Notice to the exporters of biological products, equipment and technology referring to the prohibition of export of those that are submitted for declaration, 26 October 1994  
Principles and guidelines of the official Genetic Commission, 1993  
Notice to the exporters of biological products, equipment and technology referring to the prohibition of export of those that are submitted for declaration, 26 December 1992  
Order on the import, export, fraudulent use or acquisition, transport of certain agents responsible for infectious diseases and pathogenic microorganisms and toxins, 22 September 2001   Prevents the fraudulent use or acquisition of dangerous pathogens by requiring a special governmental authorization for any use, purchase, holding, distribution, acquisition and transport of pathogens.
Decree No. 84-1041, 16 November 1984  
Decree No. 2001-1192 on export and import controls and on the transfer of dual-use goods and technologies, 13 December 2001  
Order on the control of exports to third countries and on the transfer of dual-use goods and technologies to European Union Member States, 13 December 2001  
Order on the issuance of a delivery verification certificate for imports of dual-use goods and technologies, 13 December 2001  
Order on setting out the list of national reference centers for the fight against communicable diseases and of partner laboratories, 26 April 2002  
Circular on the suspension of the obligation to be vaccinated against smallpox, 13 June 1984  
Order on health and safety signs at work, 4 November 1993  
Law No. 2001-398 creating a French Agency for Environmental Health and Safety with the aim of ensuring the protection of human health, 9 May 2001  
Decree No. 87-848, 19 October 1987   Implements Article 464 of the Penal Code and paragraph 3 of Article 276 of the Rural Code relative to animal experiments.
Order of 19 April 1988   Sets out conditions for the provision to accredited laboratories of animals used for purposes of experimental and scientific research, setting out conditions for issuing authorizations to conduct animal experiments and setting out conditions for accreditation, fitting-out and operation of animal experimentation facilities.
Decree No. 97-1048 on the elimination of waster from health care activities posing infective and similar risks and of anatomical specimens, and amending the Code of Public Health, 6 November 1997  
Order on the modalities for storing waste from health care activities posing infective and similar risks and anatomical specimens, 7 September 1999  
Order on the choice of channels for the elimination of waste from health care activities posing infective and similar risks and of anatomical specimens, 7 September 1999  
Penal Code of France, Article 221-5   Making an attack against the life of another by the use or administration of substances liable to cause death constitutes poisoning. Poisoning is punished by 30 years criminal imprisonment. It is punished by criminal imprisonment for life where it is committed in one of circumstances provided for by articles 221-2, 221-3 and 221-4.
Order on the list of biological agents,17 April 1997   Amends the Order of 14 July 1994, which established a list of biological agents.
Order establishing the technical preventive measures to be introduced in industry and research and teaching laboratories where workers are at risk of exposure to biological agents, 13 August 1996   Applies to the protection of workers exposed to biological hazards classified into groups 2,3 and 4 in industry, agriculture and research and teaching laboratories. In annexes: tables outlining the minimum technical and confinement measures to be introduced, depending on the nature of the establishment (laboratory, industrial or agricultural site).
Order concerning the list of dangerous work categories in the extractive industries requiring a written safety policy, 14 March 1996   Addresses biological hazards; carcinogens; dangerous work; explosion prevention; harmful substances; ionizing radiation; law; lifting equipment; mining and quarrying; mining industry; safety planning; toxic substances; underground work; winches.
Decree No.95-613 on the export controls of the dual-use goods, 5 May 1995   Outlines export controls on the export of such items in connection with anti-chemical and biological and anti-proliferation efforts. :

 

Georgia

   
Criminal Code of Georgia, July 1999   Article 217 Punishes by the deprivation of liberty for a period from 5-10 years along with penalty equal up to 100 times the daily salary the transportation of active, poison, radioactive or explosive materials, weapons, arms, war materials, military weapon, nuclear, biological, chemical or other type of weapon of mass destruction or material that can be used for the production of weapon of mass destruction, or strategically important feedstock, that are subject to customs regulation committed by avoidance customs control or by falsification of customs documents or declaration data.
Law on Export Control for Armament, Military Techniques, and Dual-Purpose Products, 28 April 1998   Defines "Dual-Use Products" as products which are not intended for use in military purposes but which can be used for the creation of nuclear, chemical, and other types of weapons of mass destruction and their means of delivery. Confers the authority upon the executive bodies, i.e. government, of Georgia to regulate, control and implement the export control, issue licences. Requires export contract for controlled goods and services registered by Ministry of Trade and Foreign Economic Relations. Requires confidentiality of information from Georgian executive bodies and officials authorized to carry out export control. Subjects to export control under chapter II: disease agents, their genetically altered forms, and fragments of genetic material which can be used for the creation of bacteriological (biological) and toxin weapons, control lists of which are established by international non-proliferation regimes; equipment, materials, and technologies applicable in the creation of missiles, control lists of which are defined by international non-proliferation regimes; other types of products according to the decision of the President of Georgia. Prohibits export to states and end-users suspected of being involved in clandestine WMD programs (‘catch-all’ clause). Renders illegal exports or imports punishable by either criminal and/or civil penalties.
Customs Code of Georgia, 14 November 1997   Defines the legislative, economic and organisational basis for the realisation of the Customs policy. It also defines the responsibilities and rights of Customs and other state entities in the process of this realisation.
Law of Georgia on Agricultural Quarantine, 15 May 1997  
Law of Georgia on Customs, 27 December 1996  
Law of Georgia on the Protection of Plants from Malicious Organisms, 12 October 1994  

 

Germany

   
Dangerous Goods Ordinance Road and Rail, 11 December 2001   Refers to the regulations contained in European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and Regulation Concerning International Carriage of Dangerous Goods by Rail and defines special national regulations.
Foreign Trade and Payments Ordinance, 18 December 1986 (Amended 2 July 2001)   Regulates in detail requirements and procedures for licensing of export, import and transshipment of items listed in the Export List (Annex to the Ordinance) based on the Foreign Trade and Payments Act.
Foreign Trade and Payments Act, 28 April 1961 (Amended 26 June 2001)   Defines possible restrictions and the requirement for licenses of trade with specific goods. Bundesamt für Wirtschaft und Ausfuhrkontrolle (Federal Office of Economics and Export Control) is authorized for licensing. The restrictions are tailored to maintain the security of the Federal Republic of Germany and to prevent disturbances of he peaceful living together of nations. Items that can be controlled include, among others, weapons, munitions and war materials as well as items for the development, production and employment of such materials. Penal sanctions include fines as well as imprisonment from 2 to 5 years and do not only cover incidents executed within the territory of the Federal Republic of Germany but extend to any breach regulations by a German national outside German territory.
Animal Infectious Disease Act, 20 April 2001   Regulates the handling of animal infectious diseases. The regulations are executed by the responsible veterinary authorities of the Länder (Federal States). The Act authorizes the Bundesforschungsanstalt für Viruskrankheiten der Tiere (Federal Research Centre for Virus Diseases of Animals) as national reference centre for notifiable animal infectious diseases.
Phytosanitary Ordinance, 10 October 2000   Plant pathogens listed in the Annex 1 to the Ordinance or items infected by such pathogens are prohibited to be imported or shipped through Federal territory or transferred within the EU. For additional pathogens listed in Annexes 2 to 5 of the Ordinance specific import/transshipment regulations are applied. Exemptions from prohibitions can be permitted by the responsible authority.
Export List - Annex to Foreign Trade and Payments Ordinance as amended 13 September 2000   Defines micro-organisms, viruses and toxins as well as systems and basic system components that require export licenses.
Infection Protection Act, 20 July 2000   The Act regulates the handling of pathogens. Working with, import and export, storage and transfer of pathogens requires a personal license by the responsible authority of the Land (Federal State). Exemptions for routine medical and veterinary diagnostic work as long as done only for the treatment of own patients and not including specific diagnostic methods for pathogens related to notifiable diseases. Prerequisites for the personalized license are professional competence and personal reliability. The personalized license is restricted to specific work as well as to pathogens specifically named in the license. The handling of pathogens also requires the availability of a facility that meets the requirements to protect the health of the population.
Ordinance on safety and health protection related to work involving biological agents, 27 January 1999   Purpose of the Ordinance is the protection of employees against risks from work with biological materials. The Ordinance is not applicable to activities regulated by genetic engineering legislation. The Ordinance defines risk groups 1 to 4, refers to the classification of agents to risk groups 2 to 4 according to EC Regulation 90/679 as amended. The Annex describes requirements for safety and security measures for work with risk group 2 to 4 biological materials. Notification requirements for work with risk group 3 and 4 agents are defined as well as the tasks, composition and responsibilities of Ausschuss Biologische Arbeitsstoffe (Committee for Biological Materials).
War Weapons Control Act, 20 April 1961 (Amended 6 July 1998, 22 November 1990)   Prohibits development, production, acquisition or transfer, import, export, transport through Federal territory or trade in biological weapons, or otherwise exercising actual control over these weapons. Furthermore, it is also prohibited to wilfully or recklessly encourage or induce another person to develop, produce, etc. biological weapons. "Encourage" in this context means any supportive action, for example the supply of systems or system components for the production of biological weapons or the provision of know-how. "Induce" means incite. "Recklessness" corresponds in essence to gross negligence. Penal sanctions reach from 2 to 15 years and do not only cover incidents executed within the territory of the Federal Republic of Germany but extend to any breach of these regulations by a German national outside German territory. Part Four, Section 18 of the Act contains special provisions on Biological and Chemical Weapons. It is forbidden under the law to ‘develop, produce or trade in biological or chemical weapons, to acquire them from or transfer them to another person, to import or export them, to transport them through or otherwise bring them into or out of federal territory, or otherwise to exercise actual control over them; to induce another person to commit the acts above and also to encourage the acts above.
Plant Protection Act, 14 May 1998   Ministry of Agriculture and Consumer Protection can issue ordinances and measures to prevent the spread of pathogens. Responsible authorities of the Länder (Federal States) execute and control the regulations of the Act.
War Weapons List, 26 February 1998   Annex to the War Weapons Control Act that lists among approximately 70 biological agents and toxins which in particular could be misused for weapons purposes. The list will be up-dated time to time and is not exhaustive.
Health and Safety at Work Act, 7 August 1996   The Act regulates safety and health protection of employees at work. It obliges the employer to inform the employees of risks associated with the work and gives the right that specific dangerous facilities before starting operation as well as during operations can be controlled by responsible authorities of the Länder (Federal States) and others.
Genetic Engineering Act, 16 December 1993   Serves the purpose to protect life and health of human beings, animals and plants as well as the environment against possible risks arising from genetic engineering activities and genetically modified products as well as to prevent such risks. The Act also defines a legal frame for research, development, use and promotion of scientific, technical and economic capabilities of genetic engineering activities. The act is applicable to genetic engineering facilities, genetic engineering work, deliberate release of genetically modified organisms and placing on the market of products containing genetically modified organisms and regulates all the issues that are more detailed described in five Ordinances related to genetic engineering issues.
Act to the BTWC, 21 February 1983   Implements the Convention, adopts verbatim the prohibitions of BTWC Article I and refers to legislation already in place in Germany regulation the Convention’s prohibitions as well as the penalization of offences.
Animal Pathogen Import Ordinance, 13 December 1982   Transfer of animal pathogens within the EU and import are prohibited. Responsible authorities of the Länder (Federal States) - for specific pathogens in agreement with the Federal Ministry of Agriculture and Consumer Protection - can authorize inner-EU transfers and import of listed animal pathogens to a restricted number of specified recipients.
Technical Regulations for Biological Agents 460: classification of fungi to risk groups   List of fungi classified to risk groups; Regulation in context with Ordinance on safety and health protection related to work involving biological agents based on recommendations of the Committee for Biological Materials.
Technical Regulations for Biological Agents 462: classification of viruses to risk groups   List of viruses classified to risk groups; Regulation in context with Ordinance on safety and health protection related to work involving biological agents based on recommendations of the Committee for Biological Materials.
Technical Regulations for Biological Agents 464: classification of parasites to risk groups   List of parasites classified to risk groups; Regulation in context with Ordinance on safety and health protection related to work involving biological agents based on recommendations of the Committee for Biological Materials.
Technical Regulations for Biological Agents 466: classification of bacteria to risk groups   List of bacteria classified to risk groups; Regulation in context with Ordinance on safety and health protection related to work involving biological agents based on recommendations of the Committee for Biological Materials.
Leaflets B 004 - B 009 of the Employer's Liability Association of the Chemical Industry, Series 'Safe Biotechnology'   Content of the leaflets is similar to Technical Regulations for Biological Agents. The leaflets are issued by the Employer's Liability Association of the Chemical Industry, which is the responsible provider of the mandatory accident insurance and has certain responsibilities to control facilities according to the Health and Safety at Work Act.
List of Risk-assessed Donor and Recipient Organisms for Genetic Work   List of donor and recipient organisms for genetic work classified to risk groups in context with the genetic engineering legislation based on recommendations of the Central Advisory Committee for Biological Safety.
CWC Implementation Act, 2 August 1994   Implements the Chemical Weapons Convention, regulates among other things, safety obligations by anyone performing activities subject to restrictions and declarations to prevent loss and unauthorized access, the responsible agency granting authorizations and collecting/processing data, the toleration and support of inspections as well as penalization of offences including CW use, penalization includes violations committed by German nationals outside German Federal territory.
International Law Penal Code, 26 June 2002   Prohibits and penalizes with 3 years to life imprisonment, among others, the use of biological weapons in an international or non-international armed conflict. Applicable also to crimes executed abroad.
Animal Pathogen Ordinance, 25 November 1985   Work with, acquisition of and transfer of animal pathogens requires a personalized license by the responsible authority of the Land (Federal State). Exemptions are similar to the ones of the Infection Protection Act. Prerequisites for the personalized license are professional competence and personal reliability. Transfer of pathogens is only permitted between persons that posses a license. All work with, acquisition and transfer of pathogens has to be documented (date, specific work, personal data, etc).
Dangerous Goods Ordinance Sea, 4 March 1998   Refers to the classification system and to regulations of the IMDG-Code.
Dangerous Goods Ordinance Inland Waterways Navigation, 21 December 1994   Regulates the transport of dangerous materials on inland waterways.
Animal Disease Obligatory Reporting Ordinance, 9 August 1983   Contains a list of animal diseases obligatory reporting. Data are collected at the Federal Ministry of Agriculture and Consumer Protection.
Animal Disease Notification Ordinance, 23 May 1991   Contains a list of notifiable animal diseases.
Genetic Engineering Safety Ordinance, 14 May 1995   Describes procedures of information sharing with competent authorities of the EU, the EU member states and others in case of deliberate release of genetically modified organisms or placing on the market of products containing genetically modified material. Regulates the safety requirements for genetic engineering work in genetic engineering facilities. It describes risk assessment and safety classifications, safety measures for laboratories/production, green and animal houses, information of personnel, waste control, requirements for and responsibilities of project managers as well as of biological safety officers.
Genetic Engineering Procedural Ordinance; 4 November 1996   Regulates in detail requirements and procedures for licensing or notification of genetic engineering facilities or work as well as for deliberate release and placing on the market of genetically modified organisms.
Genetic Engineering Public Consultation Ordinance, 4 November 1996   Regulates procedures for public information and consultation in case of construction and operation of a genetic engineering facility for risk group 3 or 4 work for commercial purposes or in case of major changes of an existing genetic engineering facility as well as in specific cases of deliberate release of a genetically modified organism.
ZKBS Ordinance, 5 August 1996   Defines the tasks, composition and responsibility of the Zentrale Kommission für Biologische Sicherheit (Central Advisory Committee for Biological Safety), an independent advisory board on genetic engineering issues.
European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), 30 September 1957   Annex A of the Agreement lists dangerous goods that shall not be accepted for international transport by road; however, contracting parties have the right to agree to exemptions. The international transport of other dangerous goods shall be authorized subject to compliance with the conditions laid down in Annex B. Infectious substances are contained in Annex A, Part 2, class 6.2.
Regulation Concerning International Carriage of Dangerous Goods by Rail   Contains classification similar to ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road).
TRBA 100: protective measures for specific and unspecific work in laboratories involving biological agents   Regulation in context with Ordinance on safety and health protection related to work involving biological agents based on recommendations of the Committee for Biological Materials.
TRBA 105: guidelines for risk group 3   Regulation in context with Ordinance on safety and health protection related to work involving biological agents based on recommendations of the Committee for Biological Materials.
Penal Code, 15 May 1871(as amended)   Penal Code, paragraphs 129a - 129b refer to and penalize the creation and support of terrorist groups. Paragraph 129 contains cross-references to other paragraphs of the Penal Code as well as to paragraphs of the International Law Penal Code. Paragraph 129b refers to the applicability of paragraph 129a to crimes committed abroad.
Ordinance for Execution of the Chemical Weapons Convention, 20 November 1996   Provides details on the prohibitions and authorizations related to CWC Schedule agents, among others Ricin and Saxitoxin, based on the Act for the Execution of the Chemical Weapons Convention, 2 August 1994.
CWC Implementation Act, 2 August 1994   Implements the Chemical Weapons Convention, regulates among other things, safety obligations by anyone performing activities subject to restrictions and declarations to prevent loss and unauthorized access, the responsible agency granting authorizations and collecting/processing data, the toleration and support of inspections as well as penalization of offences including CW use, penalization includes violations committed by German nationals outside German Federal territory.

 

Ghana

   
Prevention and Control of Pest and Diseased Plant Act  
Inspection and Certification Decree  
Food and Drug Law  

 

Greece

   
Presidential Decree No. 15, 22 January 1999   Modifies Presidential Decree No. 186/95 on the Protection of Workers Exposed to Biological Agents During Their Work in conformity with directives 90/679/CEE and 93/88/CEE, modified by Presidential Decree 174/97 (150/A) in conformity with directives 97/59/CEE and 97/65/CEE of the Commission.
Regulatory Decree No. 186 on Protection of Workers Exposed to Biological Agents at Work, 23 May 1995   Brings Greek legislation into conformity with EC Directive 90/679 and 93/88.

 

Guatemala

   
Law of Arms and Munitions No. 39, 1989, Article 4 on Classification of arms in general   Article 4 Classification of arms in general. Firearms, gas-compressed arms, ‘white’ arms, explosives, chemical arms, biological arms, atomic arms, missile traps and experimental arms.
Law of Arms and Munitions No. 39, 1989 Article 83 on Illegal importing of Weapons   Article 83 Illegal importing of Weapons. Anyone commits the offence of illegal importing of weapons who enters the national territory without declaring to the relevant customs authorities any of the weapons categorized in this Act as defensive and/or for sport. Anyone convicted of this crime shall be sentenced to 1-3 years imprisonment and the confiscation of the weapons.If the weapons are among those categorized in this Act as offensive firearms, offensive blade weapons, explosives, chemical, biological and nuclear weapons, mines and experimental weapons, the applicable penalty shall be 4-6 years imprisonment and confiscation of the weapons.
Law of Arms and Munitons No. 39, 1989 Article 85 on Illegal Manufacturing of Firearms   Article 85 Illegal Manufacturing of Firearms. Anyone who manufactures firearms without an appropriate licence commits the offence of illegal manufacturing of firearms. If the weapons are among those categorized in this Act as offensive firearms, offensive blade weapons, explosives, biological or nuclear weapons, mines or experimental weapons, the applicable penalty shall be 4-6 years imprisonment and confiscation of the weapon.
Law of Arms and Munitions No. 39, 1989 Article 91 Illegal Transport and/or Transfer of Firearms   Article 91 Illegal Transport and/or Transfer of Firearms. Anyone who transports or transfers forearms within the national territory without a licence from DECAM commits an offence of illegal transport and/or transfer of firearms. If they are among those categorized in this Act as offensive firearms, explosives, chemical, biological and nuclear weapons, mines and experimental weapons, the applicable penalty shall be 4-6 years imprisonment and confiscation of the weapons.
Law of Arms and Munitions No. 39, 1989 Article 93 Illegal Possession of Firearms, Explosives, Chemical, Biological and Nuclear Weapons, Mines and Experimental Weapons.   Article 93 Illegal Possession of Firearms, Explosives, Chemical, Biological and Nuclear Weapons, Mines and Experimental Weapons. Anyone who possesses one or more weapons in this category without authorization commits the offence of illegal possession of offensive firearms, explosives chemical, biological and nuclear weapons, mines and experimental weapons. Perpetrators of this offence shall be sentenced to 6-8 years imprisonment and confiscation of the weapons.
Law of Arms and Munitions No. 39, 1989, Article 95 Illegal Possession and Storage of Offensive Firearms, Explosives, Chemical, Biological and Nuclear Weapons, Mines and Experimental Weapons   Article 95 Illegal Possession and Storage of Offensive Firearms, Explosives, Chemical, Biological and Nuclear Weapons, Mines and Experimental Weapons. Anyone who possesses these weapons without authorization from DECAM commits the offence of illegal possession and storage of offensive firearms, explosives, chemical, biological and nuclear weapons, mines and experimental weapons. Perpetrators of this offence shall be sentenced to 8-12 years imprisonment and confiscation of the weapons.
Law of Arms and Munitions No. 39, 1989, Article 97 Illegal Carrying of Explosives, Chemical, Biological and Nuclear Weapons, Mines and Experimental Weapons   Article 97 Illegal Carrying of Explosives, Chemical, Biological and Nuclear Weapons, Mines and Experimental Weapons. Anyone who carries weapons in this category without authorization commits the offence of illegal carrying of explosives, chemical, biological and nuclear weapons, mines and experimental weapons. Perpetrators of this offence shall be sentenced to 8-10 years imprisonment and confiscation of the weapons.

 

Honduras

   
General Environmental Law, 8 June 1993   Prohibits the manufacturing, stockpiling, import, sale, transport, use or having possession of, without observing the legal norms, toxic products, substances material or contaminants that cause or are able to cause harm to the public health or the ecosystem in general. Prohibits the contamination of food and beverages.
Regulation No.1570/98, 16 September 1998   Establishes the general principles to be taken into consideration for the regulation of genetically modified organisms. This regulation is necessary to ensure human health, agrarian production and the environment, to ease the process of investigation, just as the use of biotechnology at a national and international level and to speed the business of agrarian products originating from biotechnology.

 

Hungary

   
Decree No. 61, 1990 (X.1) on the regulation on the circulation of certain internationally controlled products and technologies   Defines inter alia as internationally controlled product or technology any product, technology or service that with the awareness of the Hungarian contractor can partially or entirely serve to produce chemical, biological or nuclear weapons or to deliver such weapons through the development, production, stockpiling, actuation, exploration, identification, spreading of adequate missile technology. Entitles the Office of Export Control and Prohibition of Chemical and Biological Weapons (Office) in the Ministry of Economic Affairs to conduct validation procedures under this act. Requires a permit for the export and a declaration for the transit of internationally controlled products and technologies.
Decree of the Government No. 11, 1975   Proclamation of the Convention adopted at the XXVI session of the Organisation of the United Nations on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and their destruction.
Decree No. 1/99 on the implementation in the agriculture and food industry of the rules of the Act No. 27 of 1998 on biotechnology activity   Covers the establishment of GMO labs, their genetic modification, contained use, deliberate release into the environment, their commercialisation and the export or import and transport of them in the field of agriculture and food industry.
Act No. 27 on Biotechnology Activity, 1998   Establishes rules and regulations for the genetic modification of natural organisms, contained use, their deliberate release into the environment, their commercialisation, and the import, export and transport of GMOs and products derived there from.
Law on the Penal Code No. 4, 1978.   Fixes a penalty of up to 5 years imprisonment for contravention against commercial, economic or fiscal prohibitions put down in international agreements that Hungary is part of. Fixes 5-10 years of imprisonment for the breach of international law concerning trafficking of arms, ammunition, explosives, or any device linked to their use, or any product with military purpose Punishes for up to 1 year imprisonment, public work or fine anyone who produces, stockpiles or trades with poisons without permission, or does not prevent such activity or does not respect the safety procedures.

 

India

   
Prevention of Terrorism Act, No. 15, 2002  
Terrorist and Disruptive Activities (Prevention Act), No. 28, 1987  
Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells, 1987  
Notification No. 12 (RE-2000)/1997-2002, 28 April 2000   Amends the ITC (HS) Classification of Export and Import Items. Category 2 of the list pertains to micro-organisms and toxins, fungi, parasites, viruses, rickettsials, toxins and plant pathogens and genetically modified organisms.
The Prevention of Terrorism Act, 28 March 2002   Provides for the prevention and response to terrorist acts, including those involving biological substances of a hazardous nature. If the act in question causes the death of a person, the violator will face life imprisonment or the death sentence. If the act does not result in death, the punishment will be imprisonment for not less than 5 years and up to life imprisonment.
Foreign Trade (Development and Regulation) Act, 1992   Exercises control over special chemicals, organisms, materials, equipment and technologies, including items with biological and biotechnological applications.
Customs Act, 1962   Provides for criminal prosecution if the conditions for export outlined in the Act are violated.
Environmental (Protection) Act, 1986   Empower the Government of India to take all measures deemed necessary including laying down procedures and safeguards for handling of hazardous substances. Includes penal provisions for violation of imprisonment of up to 7 years. Contains provisions regulating the manufacture, use, import, export and storage of hazardous microorganisms, GMOs or cells which cover a broad range of activities including sale, offer for sale, storage for the purpose of sale, offers and any kind of handing over without a consideration of such materials.
Epidemic Diseases Act, 1896   Provides the government with power to take special measures and prescribe regulations relating to dangerous epidemic diseases.
Guidelines for Generating Pre-clinical and Clinical Data for rDNA vaccines, diagnostics and other biologicals, 1999   Deals with recombinant DNA technology in vaccine development. Provides guidance on containment and safe laboratory practice. Also deals with import and shipment of genetically modified material for research use.
Revised Guidelines for Research in Transgenic Plants, 1998   Deals with genetic transformation of green plants. Provides guidance on containment and safe laboratory practice. Also deals with import and shipment of genetically modified material for research use.
Recombinant DNA Safety Guidelines, 1990 (revised 1994)   Deals with recombinant DNA technology and large scale production and deliberate/accidental release of organisms, plants, animals and products derived by such technology into the environment. Provides guidance on containment and safe laboratory practice. Also deals with import and shipment of genetically modified material for research use.

 

Iran (Islamic Republic of)

   
The Law of Transit of Foreign Goods through the Territory of Islamic Republic of Iran  
Implemental Regulations of the Law of Transit of Foreign Goods through the Territory of Islamic Republic of Iran  
Regulations on Communicable Diseases Surveillance and Reporting Notifiable Diseases  
Biohazard Waste Management Manual  
Regulations for Collection, Separation, Transporting and Disposal of Hospital Wastes  
The Customs Department Regulations for Control of Import and Export Goods  
Regulation of the Ministry of Jihad-e-Agriculture for the Protection of Plants  
National Plan for Surveillance and Control of Animal Diseases  
National Program for the Eradication of Contagious Typhus of Cattle  
The Iraninan National Bio-safety Committeee (INBSC) Guidelines and Regulations for Working with Biological Materials  
Guidelines on Biohazardous Waste Management  
Plant Protection Act, 1967   Establishes the Plant Protection Organization and outlines its duties.
Guidelines on Biohazardous Waste Management   Contain definitions of the bio-hazardous waste and recommendations on collection, separation, transportation, decontamination and sterilization of disposal.
Draft Anti-Terrorism Act  
Article 9, National Civil Code   Article 9 of the National Civil Code stipulates that international instruments adopted by the parliament are considered thereafter as internal and domestic law.

 

Ireland

   
Importation of Pathogenic Agents Order S.I. No. 373/1997   Prohibits the importation of pathogenic agents into the State save under and in accordance with a licence granted by the Minister for Agriculture and Food.
Genetically Modified Organisms (Contained Use) Regulations S.I. No.73 of 2001   Requires all contained use work with genetically modified organisms to be licensed.
Dangerous Substances (European Agreement Concerning the International Carriage of Dangerous Goods by road (ADR)) Regulations S.I. No. 388/1996   Provides that the ADR Agreement or any amendments thereto may be proved by producing, in each case, a copy thereof in any proceedings under the Dangerous Substances Act, 1972 or any instrument thereunder.
Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations (S.I. No. 389/1996)   Provides for amendments to the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1986 (S.I. No. 268 of 1986). They take account of the Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1996 (S.I. No. 387 of 1996) and amendments to the ADR Agreement.
Genetically Modified Organisms Regulations S.I No.345/1994   Controls genetic manipulation of microorganisms. This regulation provides definitions as to what is constituted to be a "accident", "contained use", "deliberate release", "Group I genetically modified micro-organisms", and what not and imposes guidelines for people in the genetics community to follow when dealing with such subject. (Amended by S.I. No. 348/1996 and S.I. No. 332/1997).
Safety, Health and Welfare at Work (Biological Agent) Regulations S.I. No. 146/1994   Provides a definition of biological agents and what could be considered a weapon and provides guidelines against the exposure of biological agents at work and what to do in case any abnormality occurs.
Control of Exports Act No. 35, 1983   Confers powers to the Minister to prohibit the exportation of goods in accordance with a license and to refuse or revoke a license; provides penal provisions for violation of the law of a fine or imprisonment not exceeding 2 years.
Control of Exports Order S.I. No. 300, 2000   Subject to Article 4 of the Order the exportation of any goods specified in the attached schedule is prohibited save under and in accordance with licence. Section 7. of the attached list pertains to ‘biological agents and radioactive materials adapted for use in war to produce casualties in humans or animals, degrade equipment or damage crops and the environment and chemical warfare agents.
Safety, Health and Welfare at Work (Biological Agents) Regulations S.I. No. 146, 1994  

 

Italy

   
Presidential Decree No. 89, 24 February 1997  
Law No. 222, 27 February 1992   (Partially replaced by Presidential Decree No. 89, 24 February 1997). Enforces EU Regulations on export of dual use goods.
Decree of the Ministry of Foreign Trade, 14 July 1990  
Decree of the Ministry of Foreign Trade, 30 October 1990  
Law No. 185 on New provisions governing the export, import and transit of armament, 9 July 1990   Prohibits the manufacture, import, export and transit of biological, chemical and nuclear weapons and research designed for their production, and of the provision of the relevant technology.
Law No. 618, 8 October 1974   Implements the Biological Weapons Convention.
Law No. 895, 2 October 1967   Provides for 3-12 years imprisonment for production of biological weapons and 1-8 for possession. Revisions planned to increase the time of imprisonment to 5-20 years.
Legislative Decree, 9 April 2003   Pertains to transfers of biological agents or actual weapons. Provides for imprisonment from 2-6 years.
Ministerial Decree, 21 December 2001   Pertains to the handling of biological agents and toxins.
Administrative Instruction No. 16 of the Ministry of Health, 20 July 1994   Provides guidelines in terms of biosafety requirements for the transfer of human pathogens.
Ministerial Decree, 31 January 1996   Identifies plant pathogens requiring quarantine.
Legislative Decree No. 206, 2001   Pertains to licensing and other controls on genetic engineering work.
Ministerial Decree (Ministry of Health), 15 December 1990   Pertains to a national reporting system for human infectious disease.
Law No. 320, 8 February 1954   Pertains to a national reporting system for human infectious disease.
Law No. 194, 6 January 1928   Italy’s instrument of ratification of the Geneva Protocol.
Presidential Decree No. 89, 24 February 1997  
Legislative Decree No. 626, 1994   Pertains to the domestic transfer of biological agents and toxins, regulations concerning work with biological agents and toxins and their classification.

 

Japan

   
Law for Control of Poisonous and Powerful Agents  
Foreign Exchange Control Order, 1980   Prescribes the controlled items (including pathogens and equipment) and the requirements for their exportation. (Delegated order by the Foreign Exchange and Foreign Trade Control Law).
The Export Trade Control Order, 1949   Prescribes the controlled technologies and the requirements for their exportation. (Delegated order by the Foreign Exchange and Foreign Trade Control Law).
Control of Pathogens Regulations of the National Institute of Infectious Diseases  
Notice from the Minister of Health, Labour, and Welfare Strengthening Safeguards of Pathogenic Micro-organisms (October 2001)  
Implementation Law on the BWC, 1982 (Amended 2001)   Criminalizes the following acts :a) manufacturing, possessing, transferring and acquisition of biological or toxin weapons; b)use of biological or toxin weapons and discharge biological agents or toxins; and c) discharge of biological agents or toxins unlawfully and thereby endanger the life, person or property of another.
Cabinet Order for the Enforcement of the BWC Implementing Law   Prescribes the competent ministers who have the authority to request the necessary report form the persons handling the biological agents or toxins and the contents of the report. (Delegated order by the BWC Implementing Law.)
Guidelines for DNA recombinant experiments   Provides measures to ensure the safety of DNA recombinant experiments.
Guidelines for use of DNA recombinants in industry   Provides the requirements for safety use of DNA recombinants in industry.
Guidelines for use of DNA recombinants in agriculture, forestry and fisheries   Provides the requirements for safety use of DNA recombinants in agriculture, forestry and fisheries.
Foreign Exchange and Foreign Trade Control Law   Restricts exportation of the technologies and items which may be used for manufacturing the weapons of mass destruction, including biological weapons.
Laboratory Safety Regulation for Biological Agents   Includes a list of pathogens to be controlled and, following broad classification depending on a suitable host, the list divides pathogens into four biohazard levels. The regulation also prescribes such matters as safety standards for equipment and management of laboratories, measures to be taken in emergencies, health care and safety management training of personnel handling biological agents.
Pharmaceutical Affairs Law   Stipulates that pharmaceutical production facilities using pathogens should meet plant and equipment standards to prevent the leakage of pathogens.
Guidelines for DNA recombinant experiments, 1979 (Revised 2002)   Provides advice on measures to ensure the safety of DNA recombinant experiments.

 

Jordan

   
Law of Public Health, 2002   Controls infected places that are vectors for communicable diseases in addition to those who are infected with epidemics. These places are controlled by the Ministry of Health.
Import/Export Act, 2001   The articles are commensurate with the import/export items and with the requirements for public safety.

 

Kenya

   
National Regulations and Guidelines for Safety and Biotechnology  

 

Latvia

   
Law on Handling of Weapons, 1 January 2003   Includes the principles set out in EU and OSCE documents, and introduces classification of arms, munitions and pyrotechnical devices, establishes civilian control over arms and sets rules for the production, acquisition, possession, carrying, use and commercial circulation of arms, including their export, import and transit.
Cabinet Regulation No. 323 on Utilisation and Release of Genetically Modified Organisms, 2000   Provides the general requirements for the contained use, deliberate release into the environment and placing on the market of genetically modified organisms (hereafter-modified organisms) on their components, in order to prevent harm to the human health, animals, bio diversity, property or the environment which may be caused by the use and distribution of modified organisms. (Amended 2 July 2002)
Decision of the Control Committee of Strategic Goods on Lists of Goods, Production, Services and Technologies Which Require Licences for Export, Import and Transit, 26 February 2000  
Epidemiological Safety Law as amended 30 March 2000  
Decision of the Control Committee on Strategic Goods, 14 May 1997   Establishes three lists of controlled items including those under the CWC, arms and munitions, and dual-use goods.
Penal Code of the Republic of Latvia, Article 73   Penalties for the violation of export control regulations consist of a fine or imprisonment for a maximum of 10 years or both.
Penal Code of the Republic of Latvia, Article 48   For violation of Regulation 421, the Committee has the right to decide not to issue export, import or transit licenses for strategic goods.
Regulation on the Control Committee of Strategic Goods No. 429, 23 December 1997   Establishes the Control Committee of Strategic Goods and tasks it with the management and development of a Latvian control system with regard to the production, stockpiling, use, export, import and transit of strategic goods and to implement licensing and control of strategic goods.
Regulation on the Control of Strategic Goods No. 421, 16 December 1997   Defines ‘strategic goods’ and names the Control Committee of Strategic Goods as the agency responsible for control of strategic goods. Outlines the tasks to be performed by the Committee including the issuing of licenses for the import or export of strategic goods.
Decision of the Control Committee of Strategic Goods on Lists of Goods, Production, Services and Technologies Which Require Licenses for Export, Import and Transit, 14 May 1997  

 

Libyan Arab Jamahiriya

   
Law No. 15 on Protection of the Environment, 2003   Supplements Law No. 7. Contains a provision on the handling of biotechnologies, toxins and hazardous materials for peaceful use. Stipulates the need for permits for certain activities. Requires risk assessments of GMOs. Prohibits the transfer of hazardous materials which could pollute the environment.
Law No. 27 on Protection of Plants, 1986   Addresses the protection of plants. Under Chapter 3 covers the use of chemical and biological products and hazardous and toxic agents.
Law No. 7 on Protection of the Environment, 1982   Articles 50, 51, 52 and 57 provide controls regarding the various uses of biotechnologies, toxic and hazardous materials. Also addresses the need to control the transfer and exchange of toxins, chemicals and pesticides as well as solid and liquid waste.
Law No. 106 on Health, 1973   Contains rules and regulations regarding the health sector and peaceful uses of biological processes in the medical field. This law regulates laboratory tests in the field of bacteriology and pathology. Article 128 of the law stipulates that no person can carry out laboratory tests or research unless a medical doctor and fully qualified and also contains other conditions. Laboratory test is taken to encompass all research analysis and laboratory tests in the bio-medical chemical field.

 

Liechtenstein

   
Law on the Handling of Genetically Modified or Pathogenic Organisms   Prohibits the production, release and handling of genetically modified or pathologic organisms, in addition to establishing regulations in this area.
Law on Arms, 3 November 1971   States that the government shall prohibit by ordinance the production, import, sale and retention of new types of weapons and ammunition that pose a danger to the general public.
Ordinance on the Indirect Transfer of War Material, 9 September 1999   Focuses on the prohibition and control of the indirect transfer (enabling production, acquisition, sale or transfer) of war material, in particular nuclear, biological and chemical weapons, as well as the transfer of information.
Swiss Federal Law on Control of Communicable Human Diseases , 3 September 1997  
Ordinance on the Control of Goods Suitable for Use for Civilian and Military Purposes, 3 September 1997  
Swiss Federal Law on War Material, 13 December 1996   Prohibits the development, production, indirect transfer, acquisition, import, export, transit and stockpiling of nuclear, biological or chemical weapons under Article 7. This article also applies to offences committed abroad if they are in violation of international law which is binding on Switzerland.
Swiss Federal Law on the Control of Goods Suitable for Civilian and Military Purposes and Specific Military Goods, 13 December 1996  
Law on Sanctions on Trade with Foreign States, 8 May 1991   Permits limiting or inhibiting trade with foreign States in order to fulfil Liechtenstein’s international obligations or in order to prevent a disturbance of the peace among peoples.

 

Lithuania

   
Law No. IX-1051 on amending the Law the Control of Export, Import and Transit of Strategic Goods and Technology, 5 July 2002   Amends the Law of the Republic of Lithuania on the Control of Import, Transit and Export of Strategic Goods and Technologies shall be amended and set forth to read as follows: The purpose of this Law is to implement international agreements and arrangements prohibiting proliferation of weapons of mass destruction and missiles capable of delivering such weapons; to ensure that international commitments are complied with by developing in the Republic of Lithuania an effective system for the control of export, import and transit of strategic goods which would be integrated into the system of export control of the EU and international non-proliferation regimes; to provide conditions for ensuring the security of the Republic of Lithuania, acquisition of modern technologies and growth of foreign trade.
Amended Law No. VIII-814 on the Control of Export, Import and Transit of Strategic Goods and Technology, 25 June 1998   Establishes the conditions of importation into the territory of the Republic of Lithuania of strategic goods and technologies, the transit across the Republic of Lithuania of strategic goods and technologies and the export of these goods and technologies from the Republic of Lithuania and also conditions for the control of activity which may add to proliferation of weapons of mass destruction.
Law on the Control of Arms and Ammunitions, 2 July 1996   Article 13, Prohibits nuclear, radioactive, chemical, biological or other weapons of mass destruction placement on the territory of the Republic of Lithuania.
Law on the Control of Export, Import and Transit of Strategic Goods and Technology, 5 July 1995   Sets forth control and regime and terms under which export, import and transit of strategic goods and technologies to be placed in the Republic of Lithuania.
Resolution No. 857 on the Establishment of Control System for Export and Import of the Strategic Goods and Technology, 19 November 1993  
Law on Veterinary Activities No.I-2110, 17 December 1991   (Amended 7 October 1999 by Law No.VIII-1350)
Constitution of the Republic of Lithuania, Article 13(1)   Prohibits the presence of nuclear, radioactive, chemical, biological or other weapons of mass destruction on the territory of the Republic of Lithuania.
Constitution of the Republic of Lithuania, Article 137   Stipulates that weapons of mass destruction may not be stationed on the territory of the Republic of Lithuania.
Baltic Assembly Resolution On the Cooperation of the Baltic States in the Field of Control of Dangerous and Extremely Dangerous Infectious Diseases, 15 December 2001  
Criminal Code of the Republic of Lithuania, Article 267   Illicit production, acquisition, retention/stockpiling, transportation and realization of potent or poisonous substances will be punishable by convict labour or a fine/restriction of freedom/arrest, or by imprisonment for up to 3 years.
Criminal Code of the Republic of Lithuania, Article 199   Illicit import/export of strategic goods or potent/poisonous substances will be punishable by a term of imprisonment from 3 up to 10 years.
Criminal Code of the Republic of Lithuania, Article 250.3   Spread of radioactive, detrimental biologic or chemical substances will be punishable by a term of imprisonment from 5 up to 15 years.
Criminal Code of the Republic of Lithuania, Article 111.2   Wage of war by using weapons of mass destructin will be punishable by a term of imprisonment from 10 up to 20 years or life imprisonment.
Criminal Code of the Republic of Lithuania, Article 112   Contravention of international treaties/agreements or the principle of international law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited and will be punishable by a term of imprisonment from 2 up to 10 years.
Code of Administrative Transgressions of the Republic of Lithuania, 20 April 2003   Sets out the administrative responsibility for illicit import/export of strategic goods.
Resolution No. 1321 on the Approval of the Lists of Controlled Goods and Technologies, 28 November 1997 (Redaction 22 November 2001, No. 1390)   Approves the List of Strategic Goods consisting of the List of Dual-purpose Goods and Technologies and the Common List of Military Equipment on the basis of the lists of goods which are subject to control under the EU, international non-proliferation regimes.
Penal Code of Lithuania, Article 232   Provides that illegal production, acquisition or sale of toxic or poisonous substances incur imprisonment for up to 3 years or penitentiary labour for up to 2 years or a fine.
Penal Code of Lithuania, 19 July 1994, Article 4   Article 4 All persons who have committed law on the territory of Lithuania shall be liable under penal laws of the Republic of Lithuania. The law of Lithuania shall also apply if the crime has been commenced, ended or prevented on the territory of Lithuania. Also, persons who commit offences on board Lithuanian air, sea or river vessels outside the boundaries of Lithuania will be held liable under penal law of Lithuania.
Penal Code of the Republic of Lithuania, 19 July 1994, Article 6   Citizens of Lithuania and persons without citizenship residing permanently in Lithuania shall be punished in accordance with penal law of Lithuania for crimes committed abroad.
Penal Code of the Republic of Lithuania, 19 July 1994, Article 7(1) on Extradition of offenders   ‘Foreigners who have committed crimes shall be extradited to appropriate states in accordance with international multilateral and bilateral agreements, or the laws of Lithuania if there is no agreement in place. Foreigners may not be extradited unless their deed is considered a crime under Lithuanian penal law.
Penal Code of the Republic of Lithuania, 19 July 1994, Article 66 on Sabotage   Includes under the act of ‘sabotage’ ‘actions aimed at causing mass poisoning, epidemic or epizootic outbreak’ which is punishable with imprisonment from 8-15 years with confiscation of property.

 

Luxembourg

   
Act on the protection of workers against the risks of exposure to chemical, physical and biological agents during work, 20 May 1988   Foresees the issuing of Regulations for protective measures (limitation of exposure, technical preventive methods, establishment of exposure limits, appropriate working methods, collective and personal protection, hygiene, information of workers, warning signs, exposure registers, first-aid measures, absolute prohibition) against risks due to harmful agents in the workplace.
Act on the classification, packaging and labelling of dangerous substances, 18 May 1984   Implements EC Directive 67/548/EEC. Contents: scope; requests for authorisations to use; determination of physicochemical, toxicological and ecotoxic properties of chemical substances; evaluation of environmental hazards; criteria for classification and labelling; conditions that must be satisfied before a product can be marketed; notification; transmission of information to the European Commission; confidentiality of information; conditions relating to packaging and labelling. The Act adopted the corresponding EEC substance lists, danger symbols, and R- and S-phrases as found in Directive 76/907/EEC.

 

Malaysia

   
Prevention and Control of Infectious Diseases Act No. 342, 1988   An Act to amend and consolidate the law relating to the prevention and control of infectious diseases and to provide for other matters connected therewith. Regulates the import and export of pathogenic organisms or substances. A “pathogenic organism or substance” is defined to include any animal, noxious insect, living germ, microbe, bacteria or virus, the culture of any germ, microbe, bacteria or virus or the product of any germ, microbe, bacteria or virus.”
Plant Quarantine Act No. 167, 1976   Amends and consolidates the laws relating to the control, prevention and eradication of agricultural pests, noxious plants and plant diseases and to extend co-operation in the control of the movement of pests in international trade and for matters connected therewith.
Act No. 154 on Destruction of Disease-Bearing Insects Act, 1975   Provides for the destruction and control of disease-bearing insects and for the medical examination and treatment of persons suffering from insect-borne diseases and for matters connected therewith.
Arms Act No. 206, 1960   Criminalizes, among other things, the possession of, or use of arms and ammunition without the relevant licences and permits. The expression “arm” is defined widely and encompasses “any weapons whatever description, designed or adapted or which can be adapted for the discharge of any noxious liquid, gas or other thing.”
Corrosive and Explosive Substances and Offensive Weapons Act No. 357, 1958   Provides certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive weapons.
Penal Code of Malaysia, Section 269 and 270   Section 269 and 270 Criminalizes any unlawful, negilgent or malignant act which is likely to spread the infection of any disease dangerous to life.
Penal Code of Malaysia, Section 278   Section 278 Criminalizes any act that vitiates the atmosphere in any place so as to make it noxious to the health of persons.
Penal Code of Malaysia, Section 302 and 304   Section 302 and 304 Criminalizes murder and culpable homicide.
Penal Code of Malaysia, Section 324 and 326   Section 324 and 326 Criminalizes causing grevious harm by dangerous weapons or means, including by means of any substance that is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by any means of any animal.
Customs Act, 1967   Regulates the import and export of all goods, including the prohibited materials under the BWC. The Act also enables the prohibition of the import and export of the prohibited materials.
Occupational Health and Safety Act, 1994   Provides for the safety of employees and the workplace including employees who handle dangerous substances.
Mutual Legal Assistance Act, 2002   Makes provision for mutual assistance in criminal matters between Malaysia and other countries and for matters connected therewith.

 

Mexico

   
Penal Code of Mexico Article 139 on Terrorism   Provides for a prison sentence of 2 to 40 years, and a fine up to 50,000 pesos, to be imposed without prejudice on those who are guilty of the crime of using explosives, toxic substances, firearms or arson, inundation or any other violent means against people, public services or may cause terror on a population to disturb public peace.
Interministerial Decree introducing the first list of highly dangerous substances, 28 March 1990   Relates to the general law on ecological balance and environmental protection and the organic law on federal public administration. Topics include classification; corrosive substances; dangerous substances; determination in air; explosive substances; flammable substances radioactive substances; and toxic substances.
General Provisions for Transporting Types of Goods Other than Hazardous Substances, Materials and Waste, in Vehicles Used for Transferring Hazardous Materials and Waste. 25-IX-1995  

 

Mongolia

   
Criminal Code of Mongolia, Chapter 30, Article 299 on War using prohibited warfare   Article 299 on War using the prohibited warfare: The use of weapons of mass destruction prohibited in Mongolia via membership in accordance with international agreements is punishable with imprisonment for 10-20 years.
Criminal Code of Mongolia, Chapter 30, Article 300 on Production, other acquisition and transfer of weapons of mass destruction   Article 300 on Production, other acquisition and transfer of weapons of mass destruction. The production, acqusition,and transfer of chemical, biological or other weapons of mass destruction can result in imprisonment from 5-8 years.

 

Netherlands

   
BTWC Act Law on the implementation of Article IV of the Biological Weapons Convention, 25 March 1981   Contains a definition of biological agents that also includes toxins. Under this act, it is prohibited for anyone to develop, produce, stockpile, acquire or possess biological agents, if one knows or should assume that these agents are or could be intended to be used as a means of warfare. The latter is assumed when the type or quantity of the biological agents have no justification for prophylactic, protective, or peaceful purposes. Agents have to be destroyed if someone is caught having them. The act also prohibits the development, production, stockpiling, acquisition, or possession of weapons, equipment, or means of delivery to be used for biological agents as a means of warfare. Violation of these prohibitions is considered to be an economic crime punishable with a maximum of six (6) years imprisonment or a fine of the fifth category; materials are to be confiscated.
Environmental Protection Act  
Decree on Genetically Modified Organisms, 1990 (Amended 1998 and 2001)   The Dutch Decree on genetically modified organisms (GMO) is largely based on the European Directives concerning the contained use of genetically modified micro-organisms (90/219/EEC, as modified by 98/81/EC) and the deliberate release of genetically modified organisms (2001/18/EC). The objective of the Decree is to secure the safety of man and the environment in working with genetically modified organisms. For this, the Decree lays down provisions of a permit application system for activities with GMOs. The premises for contained use activities require a separate permit, which is obtained through the Environmental Management Act.
Ministerial Order on the Contained Use of Genetically Modified Organisms  
Decree on Export of Strategic Goods, 1963   (Amended 20 Dec 1993)
Guidelines of the Commission for Genetic Modification, 1998  
Import and Export Act, 1962  
Decree on the Import and Export of Strategic Goods, 1963 (Last amended 2002 to implement EC 1334/2000  
Decree on Financial Involvement Concerning Strategic Goods, 1996  
Decree on Issuing of Certificates for Strategic Goods, 1986  
Directive on the import, export and transport of plants, 1993  
Act on the transport of hazardous materials, 1995  
Working Environement Act/Decree, 1999   Requirements of the Biological Agents Directive (2000/54/EC) have been implemented in Dutch legislation by means of the working environment act/decree. The working environment act/decree outlines requirements relating to the protection of workers from risks related to exposure to biological agents at work. Certain activities involving biological agents should be notified to the labour inspectorate. Notification is required if there is an intention to use a biological agent from the hazard group 2, 3 or 4 for the first time at the premises. Notification of each subsequent use of a new biological agent of group 3 and 4 is also required. The employer is required to keep a register of the employees who work of have worked with biological agents from group 3 or 4.
Decree on the Fight Against Harmful Organisms, 1992  
Decree on the Import and Export of Strategic Goods, 1999  

 

New Zealand

   
Customs Export Prohibition Order, 2002   Prohibits the export of biological agents listed in the New Zealand Strategic Goods List without the consent of the Secretary of Foreign Affairs and Trade. The New Zealand Strategic Goods List can be inspected by the public at the Ministry of Foreign Affairs and Trade offices in Wellington free of charge (Part 3 of Schedule 2).
Hazardous Substances and New Organisms Act, 10 June 1996   (Amended by Acts No 32 1999, No 89 2000, No 13 2002) Aims at protecting the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. Deals with the deliberate importation, development, field-testing or release of all new organisms including genetically modified organisms (GMOs). Defines hazardous substances as any substances that possess the intrinsic properties of toxicity (including chronic toxicity), ecotoxicity (capable of causing ill health, injury, or death to any living organism), with or without bioaccumulation; or which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of these properties. Prohibits the importation, transhipping or manufacture of hazardous substances or new organisms without approval by the Environmental Risk Management Authority. Establishes a hazard classification system. Requires from the Governor General by Order in Council to prescribe for each intrinsic hazardous substance property a number of degrees or types of hazard for each intrinsic hazardous substance property, a degree of hazard below which any substance is not considered hazardous. Entitles the Governor General to make regulations to reduce the likelihood, and to supervise the adverse effects of, any unintended exposure to substances with toxic or ecotoxic properties. Allows the Authority to issue a code of practice for hazardous substances. Distributes the enforcement of the present Act among the different ministries and departments. Penalties vary according to the offence committed but persons breaching certain provisions in the Act (eg developing a GMO in breach of the Act) may be liable for a fine of up to NZ$500,000 or 3 months’ imprisonment. Lists toxic substances and pesticides under schedule 7.
The Customs and Excise Act, 4 June 1996   (Amended by Acts 1996 No 80, 1998 No 18, 1998 No 38, 1998 No 83, 2000 No 58 2001 No 61, 2002 No 2, 2002 No 31) Reforms the law relating to customs, excise, and other duties and provides for the administration and enforcement of customs controls at the border. Deals with the general procedure to be followed for the prohibition and licensing of imports and exports (Part 5). Allows the Governor General to prohibit the importation or exportation of any good or goods of a specified class of classes by Order in Council (prohibition valid for 3 years; renewable once for a further 3 years). Entitles the Chief Executive of the New Zealand Customs Service or any other person named in the Order in Council to issue a certificate of clearance, licence or permit. Defines offences and penalties for importation or exportation of prohibited goods (at most 6 months of imprisonment or a fine (NZ$10,000 for a person or NZ$50,000 for a corporation).
Biosecurity Act, 26 August 1993   (Amended by Acts 1993 No 129, 1994 No 24, 1996 No 23, 1996 No 78, 1997 No 89, 1988 No 12, 1999 No 29) Regulates the importation of risk goods (i.e. any organism, organic material, or other thing, or substance, that, by reason of its nature, origin or other relevant factors, it is reasonable to suspect constitutes, harbours, or contains an organism that may cause unwanted harm to natural and physical resources or human health in New Zealand or interfere with the diagnosis, management, or treatment, in New Zealand of pests or unwanted organisms). Creates regulations on port biosecurity areas and biosecurity clearance for goods to enter New Zealand. Regulates a declaration and control system for uncleared imports and for the monitoring of pests and unwanted organisms. Provides for the effective prevention, management, or eradiciation of unwanted organisms. Allows the Governor-General to declare a biosecurity emergency on recommendation of the relevant Minister of the Crown.
Toxic Substances Regulations No. 1993/385, 1993   Amends (4th time) the Toxic Substances Regulations of 1983. Makes changes to labelling requirements for certain toxic substances, and it changes the status of a large number of substances as far as their classification as dangerous or standard poisons or harmful substances is concerned.
The Nuclear Free Zone, Disarmament and Arms Control Act No. 86, 1987   Provides that no person shall “manufacture, station, acquire, or possess, or have control over any biological weapon in the New Zealand Nuclear Free Zone” (Section 8). Draws on the definition of “biological weapon” in Article 1 of the Biological Weapons Convention. Offences under the Act carry a penalty of imprisonment for up to 10 years and are therefore extraditable offences under the Extradition Act 1999. The jurisdiction assumed under section 8 is territorial, that is, it only applies to offences committed in New Zealand.
Toxic Substances Regulations, 1983  
Australia/New Zealand Standard AS/NZS 2243.3 (Safety in laboratories, Part 3: Microbiological Aspects and Containment Facilities), 2002   New Zealand industry standard (not legislation). Aims to promote safety in laboratories dealing with microbiology. Classifies microbiological agents into four groups based on their potential to cause an outbreak of serious disease. Outlines four levels of physical containment and procedures corresponding to each of the four classifications of agents.

 

Nicaragua

   
Basic law on the regulation and control of pesticides and of toxic, dangerous and similar substances   Addresses approval; dangerous substances; law; licensing new products; penalties; pesticides; public OSH institutions; toxic substances.

 

Nigeria

   
Decree No. 10 on Food, Quality and Safety Regulations  
Guidelines for Biosafety for Nigeria  

 

Norway

   
Guidelines for Ministry for Foreign Affairs processing of applications to export arms, military material, as well as technology and services for military use, 28 February 1992.  
Ordinance No.864, 2 October 1998   Amends Ordinance No.1322 of 1997 concerning the protection of workers against hazards at work involving biological material.
Import and Export Act, 1997   Allows the King to regulate on prohibitions of export and imports in accordance with agreements ensuing from international organisations and on the issue of special licence. Fixes a penalty for contravention or complicity to a fine and/or imprisonment for up to 6 months or unless conduct liable to more severe punishment.
Ordinance No.1322 concerning the protection of workers from risks related to the use of biological agents at work, 1997   Addresses biological hazards; biological protection; classification; hazard identification; information of personnel; law; lists; penalties; responsibilities of employers; safety and health training.
Act No. 56 on the application of biotechnology in medicine, 5 August 1994   Ensures that the application of biotechnology in medicine is utilized in the best interests of human beings, with respect for human dignity, human rights and personal integrity. Requires a special permission for genetic testing issued by the (Health?) Ministry, regulates on the prohibition of use of genetic information, allows the alteration of human genome only for the purpose of treating serious disease, and prohibits germline therapy. Appoints the Norwegian Biotechnology Advisory Board to give opinion on matters covered by the present act Fixes penalties for contravention or complicity to fines and imprisonment not exceeding three months
Contagious Disease Act, 1994   Aims at protecting the population from communicable disease, preventing occurrence and spreading. Defines communicable disease as disease or carrier state caused by microorganism (infectious agent), part of it, by a parasite or by toxins from microorganism. Regulates on responsibilities, duties and rights of health authorities and other authorities, infected persons (information giving, tracing, medical examination, isolation, quarantine provisions) Entitles the national commission for communicable disease control to implement provisions under the present act, the National Institute of Public Health to monitor the epidemiological status of the country and the Norwegian Board of health to supervise municipal, county, and central government activities. Fixes penalties inter alias through the amendment of the General Civil Penal Code.
Gene Technology Act, 1993   Ensures that the production and use of genetically modified organisms takes place in an ethically and socially justifiable way, in accordance with the principle of sustainable development and without detrimental effects on health and the environment, applies also to substances and products that consist of or contain GMOs. Regulates on microorganisms, GMOs, gene technology and cell technology, prescribes good microbiological practice Differentiates ‘contained use’ in a closed system in which physical barriers are used, either alone or together with chemical and/or biological barriers and ‘deliberate release’ that is not contained use (field experiments, commercial use etc.) Decrees on the duty to report and obtain approval for both activities by the King who may issue regulations concerning safety precautions and who may decide on the submission of impact assessments. Entitles the supervisory authority with the right of inspection, and the Norwegian Biotechnology Advisory Board to express its views matters concerning biotechnology. Fixes penalties for contravention and complicity to fines or imprisonment not exceeding one year. In especially aggravating circumstances not exceeding 4 years.
Ordinance to implement export regulations for strategic goods, services and technology, 10 January 1989   Requires an export licence for issued by the Ministry of Foreign Affairs weapons, ammunition, and other military material (list I) and strategic goods not included in list I (list II), or where the exporter is aware that the goods are intended for or will be used in connection with the development, production, maintenance, storage, detection, identification, or destruction of nuclear, chemical or biological weapons. The same applies in connection with the development, production, maintenance, storage of missiles capable of launching such weapons. The Ministry of Foreign Affairs may also require end-user statements for export goods, technologies and services.
Strategic Goods Act, 18 December 1987   Requires special permission for the export of goods and technology that may be of significance for others’ countries development, production or utilization of products for military use or which may directly serve to develop the military capability of a country. Prohibition may also be laid down for services related to such goods and technologies.Entitles the Ministry [of Finance? Cf. Norwegian Customs and Excise] to carry out inspection on site and prosecute in case of contravention to this act. Subordinates the obligation of secrecy to the achievement of the purpose of the present act. Requires the Ministry to address the police authorities in case of confiscation. Fixes a penalty of fines or imprisonment of up to 5 years in case of wilful exports or attempts at export, violation of the conditions of the act, or furnishing of erroneous information on a declaration in contravention of this act.
Act on measures to prevent plant deseases and pests, 14 March 1964   Defines plant disease as fungi, bacteria, and virus which cause disease in plants. Allows the Crown to lay down regulations on the import and export of plants, soil, packing and carrier articles, as well as sowing, planting, transfer, transport, destruction and isolation of plants. Ordains the obligation for the owner to report and support investigation, and the Ministry concerned to supervise observance of the present act. Entitles the supervisory authority to demand access to necessary information and shall have unimpeded access to land, nursery, sale premises, machines, implements, conveyance, and packing material for investigation. Fixes a fine for contravention unless more severe penalty is prescribed by the criminal code.
Quarantine Act, 19 December 1952  
General Civil Penal Code, Chapter 14, Art 153a, 1902   (§ 153 a) Makes any person liable to imprisonment for a term not exceeding 10 years who develops, produces, stores or otherwise obtains or possesses: 1. bacteriological or other biological substances or toxins regardless of their origin or method of production, of such a kind and in such quantities that they are not justified for preventive, protective or other peaceful purposes, or 2. weapons, equipment or means of dissemination made for using such substances or toxins as are mentioned in item 1 for hostile purposes or in armed conflict. Makes accomplices liable to the same penalty.
General Civil Penal Code, Chapter 14, Art 154, 1902   (§ 154.) Makes any person who causes or is accessory to causing the introduction or general spreading of a dangerous contagious disease among people, livestock, or plants liable to imprisonment for a term not exceeding 10 years. Imposes fines under especially extenuating circumstances. Fixes the penalty of such act to imprisonment for a term of not less than 5 years and not more than 21 years if a person's death or serious injury to his body or health have been caused.

 

Peru

   
Law No. 27104 on the Use of Genetically Modified Organisms, 4 January 1999   Article 12, Prohibits the use of Genetically Modified Organisms in biological weapons. Also prohibits the use of GMOs in harmful practices for the environment and human health.

 

Philippines

   
Republic Act No. 6969 : Toxic Substances and Hazardous and Nuclear Wastes Control Act, 26 October 1990  

 

Poland

   
Gene Law, 25 October 2001   Creates a legal basis to regulate contained use and deliberate release of genetically modified organisms,as well as the export and transit of GMOs with a view to the protection of the environment and human health.
Law concerning international trade in goods, technologies and services of strategic significance for state security and maintenance of international peace and security, and amending selected laws, 29 November 2000   Outlines principles of the international trade in goods, technologies and services of strategic significance for state security and maintenance of international peace and security. It also defines principles of control and record keeping of the aforementioned trade and terms of legal responsibility for unlawful trade in these goods, technologies and services.
Minister of Economy Decision On the List of Goods and Services, the Foreign Trade of Which Requires License, 22 December 1997  
Law on Administering of the Foreign Trade of Goods and Technologies and on the Arms Trade, 11 December 1997  
Minister of Economy Executive Order On the Establishment of the Lists of Goods and Technologies Subject to Particular Control of the International Trade, 19 June 1997  
Minister of Foreign Economic Relations Executive Order On the Establishment of the Lists of Goods and Technologies Subject to Particular Control of the International Trade   Minister of Foreign Economic Relations Executive Order On the Establishment of the Lists of Goods and Technologies Subject to Particular Control of the International Trade with the enclosed "List of Goods and Technologies Subject to Particular Control of Foreign Trade in Connection with International Agreements and Obligations, 20 December 1996
Minister of Foreign Economic Relations Decision On the List of Goods and Services, the International Trade of Which Requires License, 16 December 1996  
Decision of the Council of Ministers No 30/94 On Limitations in Special International Trade, 27 May 1994  
Decision of the Council of Ministers No 30/94 On Limitations in Special International Trade, 27 May 1994  
Regulation of the Council of Ministers on instituting a prohibition on and limitation of special foreign trade, 14 September 1999  
Law on the Customs Code, 9 January 1997   Makes it possible to demand explanations and documents if doubts arise concerning the permissibility of the customs destination of the goods in question, including biological materials and toxins.
Ordinance of the Minister of Economy on Goods of Strategic Importance, 2 October 2002   Includes a list of pathogens and toxins that reflect the obligations adopted by Poland in the framework of the Australia Group.
Ordinance of the Minister of Health, 3 July 2002   Concerns characteristics cards for hazardous substances and preparations. The Ordinance is of a general character and can be applied to micro-organisms and biologically-derived toxins. The cards must contain information on the threats connected with the use of the hazardous substance or hazardous preparation and instructions on their safe application. In the event of the producer, importer or distributor begin based outside the territory of Poland, identification of the person responsible for the import of the substance or preparation into Poland must also be made in the card. This permits control of the substances transferred.
Ordinance of the Minister of the Environment, 29 November 2002   Contains the list of pathogenic organisms and their classification in accordance with their ability to cause disease in humans, plants and animals, and also defines the measures required for the respective degrees of containment during execution of procedures in laboratories, greenhouses, animal enclosures, and other procedures during closed use of genetically modified organisms.
Ordinance of the Minister of Health, 11 July 2002   Contains specimens of warning markings, formulations defining conditions of safe use of hazardous substances (preparations) and ways of marking the packaging of such substances.
Ordinance of the Minister of the Environment, 6 June 2002   Contains detailed regulations dealing with the closed use of GMOs, intended release of GMOs into the environment, trade in GMOs, and their export and transit across national territory.
Law on Health Requirements for Food and Feeding, 11 May 2001   Authorizes the Minister of Health to determine the requirements with respect to internal control of the health quality and internal control of adherence to hygienic rules, incorporating the system of Hazard Analysis and Critical Control Point – a system which includes procedures to ensure the safety of food through identification and assessments of hazards during all stages of the production and handling of food.
Law on Infectious Diseases, 6 September 2001   Provides the criteria for determining which facilities classify as national reference centers for microbiological and serological diagnostics.
Law of 28 April 2000   Introduces the system of compatibility, accreditation and amendment of certain laws.
Ordinance of the Minister of Health, 2 June 2003   Pertains to the criteria to be met by organizational united conducting tests on chemical substances and preparations and on content of the fulfilment of those criteria. The criteria constitute the principles of Good Laboratory Practice. The Ordinance also determines which unit is responsible for the control of adherence by the research units to the principles of GLP and the procedures for granting and withdrawing authorization to conduct research. The Ordinance does not contain provisions related to biological agents and toxins.

 

Portugal

   
Ordinance No. 1036/98 amending the list of biological agents classified with the aim of preventing occupational risks approved by Ordinance No. 405/98, 15 December 1998   Administers Decree-Law No.84/97 that transposes the 90/679/EEC, 93/88/EEC and 95/30/EC directives on the protection of workers against risks linked to the exposure to biological agents at work into national legal practice. In annex: classified list of potentially harmful biological organisms.
Decree-Law No. 84/97 transposing into national legislation Council Directives concerning the protection of workers from risks related to exposure to biological agents in the workplace, October 1997   Implements Council Directives 90/679/EEC and 93/88/EEC and Commission Directive 95/30/EC. It follows on from Decree-Law No.441/91 of 14 Nov. 1991 on the promotion of safety and health at work, and Decree-Law No.126/93 of 20 Apr. 1993 concerning genetically modified organisms.
Decree-Law No. 84/97 transposing into national legislation Council Directives concerning the protection of workers from risks related to exposure to biological agents in the workplace, October 1997   Implements Council Directives 90/679/EEC and 93/88/EEC and Commission Directive 95/30/EC. It follows on from Decree-Law No.441/91 of 14 Nov. 1991 on the promotion of safety and health at work, and Decree-Law No.126/93 of 20 Apr. 1993 concerning genetically modified organisms.
Decree-Law No. 264/98, 19 August 1998   Establishes limitation on the commercialisation and use of dangerous substances. Implements sanctions.
Resolution of the Ministries of Internal Affairs and Public Works, Transport and Communications, 11 August 1987   Creates a system of registering accidents that have been caused by vehicles that transport dangerous merchandise covered by the national regulation of transport of dangerous merchandise on the road.
Decree Law 2/2001   Pertains to licensing of genetic engineering work, classification of GMOs and biosafety risk groups, and biosafety standards for genetic engineering work.
Decree-Law No. 1129/95, 1995   Contains a list of items controlled for export including biological agents and toxins.
Decree-Law No. 751/94, 1994   Pertains to licensing of genetic engineering work.
Decree Law No. 126/93, 1993   Pertains to genetic engineering work and work with biological agents.
Decree-Law No. 436/91, 1991   Pertains to the export of biological agents and toxins. Contains a catch-all clause.
Decree Law No. 39.209, 14 March 1953   Creates a national reporting system for animal infectious diseases.
Regulation No. 405/98, 1998   Contains a list of biological agents and toxins for domestic transfers.
Regulation 1197/c-97, 1997   Pertains to domestic transfers of human pathogens and packaging requirements for transfer of biological agents and toxins.
Regulation No. 439/94, 1994   Pertains to the export of biological agents and toxins.

 

Republic of Korea

   
Act on the Punishment of Terrorist Bombings and the Financing of Terrorism (To be adopted by the end of 2003)   Article 4 (Aggravated punishment for using, attempting to, or preparing to use biological agents or toxins for other than peaceful purposes), Article 2 (Application of the Act to the activities committed against Korean nationals in a foreign country).
Act on Transboundary Movement and etc. of Living Modified Organisms (Law Promulgation No. 06448), 2001   Contains comprehensive provisions for ensuring the safe management of LMO.
Criminal Act (Law Promulgation No. 06543)   Article 255 (Attempt to, preparations or conspiracies for murder), Article 257 (Inflicting bodily injury on other persons, attempt to inflicting bodily injury on other persons), Article 366 (Destructing or damaging the property of other persons).
Foreign Trade Act (Law Promulgation No. 06417)   Permission: Article 21 (Basis for export control of strategic goods and provision giving authority to Public Notice) Sanctions: Article 50 (Inspection provisions) and Article 54 (Penal Provisions)
Implementation Decree of Foreign Trade Act (Decree Promulgation No. 17807)   Section 3 Export and Import of Strategic Goods. Article 39-41 Permission for Export of Strategic Goods, Article 45 Sanctions for Persons Disqualified for Transaction
Public Notice on Export and Import of Strategic Goods   Article 1-87 Scope and Area of Control, Permission Procedures, Catch-all Clause, etc. Appendix 1-13.1 Control Lists, Guidelines of Export Control Regimes
The Prevention of Contagious Diseases Act (Law Promulgation No. 06916)   Declares the measures related to conservation and management of pathogens of contagious diseases as one of the duties of State and local governments. (Article 3-2). A presidential decree and a ministerial decree provide for detailed procedures and standards for the implementation of the Act. The Act requires that if medical institutions, national biomedical institutes, or academic research institutes isolate the specified pathogens of contagious diseases, they shall report without delay the relevant information to the National Institute of Health. The specified pathogens comprise 10 types of pathogens of contagious diseases including the etiological agents of new emerging infectious syndrome. National Institute of Health may request the reporting institutions to render necessary cooperation for the conservation and management of those isolated pathogens. (Article 5-2).
The Act for Prevention of Livestock Epidemics (Law Promulgation No. 06817)   Provides for similar duties and procedures for pathogens of infectious livestock diseases as found in the Prevention of Contagious Diseases Act No. 06916.
Quarantine Act (Law Promulgation No. 06028)   Provides that the import of specified pathogens shall not be permitted for quarantine procedures without advanced permission by the Minister of Health and Welfare. (Article 24).
The Act for Prevention of Livestock Epidemics   Provides that pathogens of animal diseases shall not be imported except in the case of research and experiment with prior approval. (Article 21).
Plant Protection Act (Law Promulgation No. 06696)   Provides that pathogens of plant diseases shall not be imported except in the case of research and experiment with prior approval. (Article 7).
Pharmaceutical Affairs Act (Law Promulgation No. 06685)   Provides that all medicines using biological agents shall be manufactured in a facility that meets certain standards. (Article 26). A presidential decree that implements the Act provides for detailed standards for such a facility. The Act also provides that all medicines using biological agents shall be manufactured, transported and sold in a way that meets certain standards for safety and security of those agents. A ministerial decree that implements the Act provides for detailed standards.
Industrial Safety and Health Act (Law Promulgation No. 06590)   According to the Act, the government can impose necessary regulations on the facility handling biological agents for the health and safety of the persons working in it.
Guideline on Recombinant DNA Experiments of the Ministry of Health and Welfare, 1997   Provides a document for the classification system of risk group and lists of human pathogens according to their hazard and essential elements. It tries also to define the containment conditions to ensure biosafety in laboratories for generic modification experiments. In this guideline, the establishment of biosafety committee and its duties are provided for.
Agencies for Oversight of Pathogens   Human pathogens: National Health Institute under the authority of Ministry of Health and Welfare Animal pathogens: National Veterinary Research and Quarantine Service under the authority of Ministry of Agriculture and ForestryPlant pathogens: National Plant Quarantine Service under the authority of Ministry of Agriculture and Forestry.
Regulation on the Laboratory Diagnosis, Conservation and Management of Pathogens of Contagious Diseases   Implements the Prevention of Contagious Diseases Act, outlines the requirements for safe management with regard to use, disposal and transfer of the specific pathogens.
Draft Act on the Punishment of Terrorist Bombings and the Financing of Terrorism   Provides for an aggravated punishment for using, attempting to us, or preparing to use biological agents or toxins for purposes other than peaceful ones. Will apply to acts committed against Korean nationals on foreign soil as well as those committed by Korean nationals in a foreign country.

 

Romania

   
Order No 159/2002   Order No. 159/2002 on approval of methodological standards for the authorisation of legal persons aiming to carry out foreign trade operation with strategic items, on the foundation of the Government Emergency Ordinance No. 158/1999 regarding the strategic items exports and imports regime. Introduces an authorization regime and allows the National Agency for Control of Strategic Exports and of Prohibition of Chemical Weapons to issue authorization for the trade of strategic products abroad including the import, export, the re-export and any other commercial operations of foreign transfers, irreversibly or temporarily, applies also in cases of sale or purchase carried out with foreign partners of products that do not touch Romanian soil. Also obliges legal persons to apply for licence to carry out foreign trade with strategic goods.
Order of the president of ANCESIAC No. 71, 12 February 2002 on the implementation of the export control regime, provided by the Government Ordinance No. 158/1999, to certain goods not listed in the Arms, ammunition and other military goods list   Extends the list of import and exports products falling under the Ordinance 158/1999.
Ordinance No.36/2000 on the amendment of the Government Ordinance no.158/1999 on the regime of exports and imports of strategic goods, 2000  
Ordinance No.158/1999 on the regime of imports and exports of strategic goods, 1999  
Decision No.467/1999 regarding the strategic goods subject to export and import control regime, 1999  

 

Russian Federation

   
Federal Law No. 50 on Amendments to Articles 188 and 189 of the Russian Federation Criminal Code, 7 May 2002   Amendments to Article 188 expand the list of items the illicit trafficking of which is subject to criminal prosecution. Radiation sources, fissile materials and WMD delivery systems were added. Punishment for illegal transfers of WMD delivery systems had been omitted in the 1996 version of the Code. Amendments to Article 189 expands the list of activities considered a crime to include illegal transactions for or render of services to a foreign organization or its representatives that may contribute to the development of weapons of mass destruction, in addition to the illegal transfer of goods, technologies, materials and information.
Customs Code of the Russian Federation No. 5223-1, 18 July 1993. Enters into force 1 January 2004   Article 219 Addresses smuggling and includes biological and chemical weapons, as well as materials and equipment that may be used deliberately in their development. A new Customs Code enters into force in accordance with the law of the Russian Federation No. 61-03, 28 May 2003.
Resolution of the Government of the Russian Federation No. 634, 29 August 2001   Resolution of the Government of the Russian Federation No. 634 on Approval of the Provisions on Control over External Economic Activity in Respect of Pathogens of Human Being, Animals and Plants, Genetically Changed Microorganisms, Toxins, Equipment and Technologies, 29 August 2001. Provides for trade regulations governing listed agents. Requires that such regulations comply with obligations under the BWC.
Decree of the President of the Russian Federation No. 1004 on approval of the List of Pathogens of Human Being, Animals and Plants, Genetically Changed Microorganisms, Toxins, Equipment and Technologies, Liable to Export Control, 8 August 2001   Provides a list of agents of which export must be controlled. Listed agents include (1) Pathogenic Organisms of Human, Animal and Plant Diseases; (2) Genetically Modified Organisms and Fragments of the Genetic Material; and (3) Equipment and Technologies Which May be Used in Creating Bacteriological (Biological) and Toxin Weapons.
Decree No. 294 on Rules for Conducting a State Evaluation of External Economic Activities Involving the Exchange of Goods, Information, Work, Services, and Intangibles, 16 April 2001   Outlines the process for the state evaluation of external economic transaction involving goods, information, work, services, intangibles, which may be used to manufacture weapons of mass destruction, arms or other types of military technologies.
Decree No. 973   Decree No. 973, Statute on the Export and Import of Nuclear Materials, Equipment, Special Non-Nuclear Materials, and Related Technologies, 15 December 2000Stipulates the procedure for the export and import of materials, equipment, and technologies included in the control list approved by Presidential Edict No. 202.
Federal Law of the Russian Federation of No. 143-FL   Federal Law of the Russian Federation of No. 143-FL on Withdrawal of Provisos to the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and Bacteriological Means of June 17, 1925, 6 December 2000. Authorizes the withdrawal of the reservations to the Protocol of the 1925 Geneva Convention, which limited the binding nature of the Convention only to State Parties, and against any enemy that did not respect the Convention.
Resolution of the Government of the Russian Federation No. 906 on Issues of Russian Munitions Agency, 6 August 1999  
Decree of the President of the Russian Federation of May 25, 1999, No. 651 and Resolution of the Government of the Russian Federation of August 6, 1999, No. 906   States that the control functions were designated to the Russian Munitions Agency (Rosboyepripasy). The Agency exercises the national control over execution of international agreements in the field of prohibition of biological weapons, legislative and other legal acts, participates in international cooperation, conducts works providing the fulfilment of Convention obligations in the field of prohibition of development, production, stockpiling and use of biological weapons.
Federal Law of the Russian Federation No. 183 - FL on Export Control, 18 July 1999   Regulates relations of the bodies of state power of the Russian Federation and Russian participants of foreign trade activity in carrying out export control. The validity of the present Federal law is extended to foreign economic activity in respect of goods, information, works, services, intellectual activity results, which can be used in creating mass destruction weapons, means of their delivery, other types of armaments and military hardware, in part of carrying out export control with the aims, established by the present Federal law. Export control in respect of armaments and military hardware, as well as information, works, services, intellectual activity results, including exclusive rights for them (intellectual property), being a military purpose produce, is carried out in accordance with the legislation of the Russian Federation in the field of military technological cooperation.
Resolution of the Government of the Russian Federation No. 387 on Licensing of Pharmaceutical Activities and Wholesale Business by Medicinal and Medical Goods, 5 April 1999  
Federal Law of the Russian Federation No. 52-FL on Sanitary and Epidemiological Prosperity of Population, 30 March 1999   Article 26 governs sanitary and epidemiological conditions of the work with biological and microbiological organisms and their toxins.
Federal Law of the Russian Federation No. 114-FZ on Military and Technological Cooperation of the Russian Federation with Foreign States, 19 July 1998   States that one of the basic aims of the military and technological cooperation of the Russian Federation with foreign states is the development of science and technology, as well as experimental basis, of defence branches of industry, their scientific research and experimental design institutions and organizations (Article 3). Includes decision-making on the transfer of licenses for the production of a military purpose produce to foreign clients in the authority of the President of the RF (Article 9).
Resolution of the Government of the Russian Federation No. 57 on the Increase of Control over Export of Goods and Services of Double Assignment, Related to Mass Destruction Weapon and Rocket Means of Its Delivery, 22 January 1998   Introduces the idea of catch-all controls to Russian export control legislation. States that Russian entities are required to refrain from exporting any dual-use goods and services, if they have reason to believe that the goods will be used in the production of nuclear, chemical or biological weapons or in their missile delivery systems. They are also required to report these decisions not to export to the Government Commission on Export Controls.
Decree No. 1403, on Control Over the Export to Iraq of Goods, Dual-Use Technologies, and Other Items that Fall Under the International Mechanism for Permanent Oversight and Control, 7 November 1997   Provides a detailed explanation of the procedures and requirements for exporting controlled goods to Iraq. Emphasizes Russia’s obligations to honour the restrictions of the UNSC and its international non-proliferation obligations.
Presidential Edict No. 972 on Measures for the Implementation by the Russia Federation of UN Security Council Resolutions Regarding the Creation of an International Mechanism for Permanent Oversight and Control, 2 September 1997   Approves the list of items, the export of which to Iraq is controlled.
Resolution of the Government of the Russian Federation No. 691   Resolution of the Government of the Russian Federation No 691 on Approval and Presentation for Confirmation of the President of the Russian Federation of Draft of List of Goods and Technologies of Double Assignment and Other Means, the Export of Which in Iraq According to Resolutions of the UN Security Council Is under Control and Is Subject to Notification or Prohibited, 9 June 1997. Submits the list of items, the export of which to Iraq is either controlled, subject to notification or forbidden in accordance with UNSC resolutions.
Penal Code of the Russian Federation, Articles 188   Article 188 on Smuggling - Transference through customs border of the Russian Federation of the Russian Federation of: materials and equipment, which can be used for development for mass destruction weapons and in respect of which specific rules of tranference through customs borders of the Russian Federation.
Penal Code of the Russian Federation, Article 189   Article 189 on the illegal export of technologies, scientific and technical information and services, used for development of mass destruction weapons, armament and military equipment. The illegal export of technologies, scientific and technical information and services, which can be used for development of mass destruction weapons, means of delivery, armament and military equipment and in respect of which the specific export control is instituted.
Penal Code of the Russian Federation, Article 236   Article 236 On the violation of sanitary and epidemiological rules.
Penal Code of the Russian Federation, Article 248   Article 248 On the infringement of safety rules when handling microbiological either other biological agents and toxins.
Penal Code of the Russian Federation, Article 249   Article 249 On the violation of veterinary rules and rules, established for fighting with plant diseases and pests.
Penal Code of the Russian Federation, Article 355   Article 355 On the production or distribution of mass destruction weapon, the development, production, stockpiling, acquisition or sale of chemical, biological, toxin, as well as other kind of mass destruction weapon, inhibited by the international agreement of the Russian Federation, are subject to imprisonment for a period from 5 up to 10 years.
Penal Code of the Russian Federation, Article 356   Article 356 On the application of inhibited means and methods of warfare the use of mass destruction weapon, inhibited by the international agreement of the Russian Federation, is subject to imprisonment for a period from 10 up to 20 years.
Order of the Government of the Russian Federation No 1951-r on the Development of List of Goods and Technologies of Double Assignment and Other Means, the Export of Which in Iraq Is under Control and Is Subject to Notification, 28 December 1996  
Resolution of the Government of the Russian Federation No. 1172 on Approval of Provisions on Control over Export from the Russian Federation of Goods and Technologies of Double Assignment, the Export of Which is Under Control, 7 December 1996  
Presidential Edict No. 1268 on Control of Exports from the Russia Federation of Dual-Use Goods and Technologies, 26 August 1996   Notes the commitment of the Russian Federation to its international obligations regarding the control of exports of dual-use military goods and technologies, specifically in accordance with the principles agreed to in the Wassenaar Arrangement.
State Customs Committee Order No. 315 on Control Over the Export of Goods, Which Could Be Used in the Creation of Weapons of Mass Destruction and Missile Means of Their Delivery, 23 May 1996  
Decree No. 1098   Decree No. 1098 on Approval of the Statute Regulating the Control of Exports from the Russian Federation of Stimulants of Diseases (Pathogens) of Man, Animals, and Plants, and Their Genetically Altered Forms, Fragments of Genetic Material, and Equipment Which Can Be Used to Develop Bacteriological (Biological) and Toxins Weapons, 26 September 1994, Approves revised export and licensing procedures for dual-use biological agents and related equipment.
Presidential Directive No. 298rp   Presidential Directive No. 298rp on Control of Exports from the Russia Federation of Stimulants of Diseases and Man, Animals, and Plants, and Their Genetically Altered Forms, Fragments of Genetic Material, and Equipment Which Can Be Used to Develop Bacteriological and Toxin Weapons, 14 June 1994. Approves a revised control list for exports of dual-use biological agents developed in accordance with Australia Group recommendations. The expanded list contained 20 viruses, four rickettsia, 16 bacteria, 14 toxins, and two definitions of genetically altered microorganisms that are dangerous for humans and animals; 15 viruses, one bacteria, and one definition of genetically altered microorganisms that are dangerous for animals; one virus, four bacteria, eight microscopic fungi, and one definition of genetically altered microorganisms that are dangerous for plants; and ten categories of equipment.
Government Decree No. 632   Government Decree No. 632 on Approval and Submission for Consideration by the President of the Russia Federation of a Proposal for Revising and Enlarging the List of Disease Agents, Their Genetically Altered Forms and Fragments of Genetic Material Which Can Be Used to Develop Bacteriological (Biological) and Toxin Weapons, 5 June 1994, Proposes a revised control list for exports of dual-use biological agents.
Decree of the President of the Russian Federation No. 1833 on The Basic Provisions of Military Doctrine of the Russian Federation, 2 November 1993   Notes that the Russia's policies, in particular, are "to ensure regime of the Convention on the Prohibition of Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, Federal Law of the Russian Federation of July 5, 1996, No 86-FL "On State Regulation in the Field of Gene Engineering Activities".
Government Decree No. 1030 on Controlling the Fulfilment of Obligations to Guarantee the Use of Imported and Exported Dual-Use Goods (Services) for Declared Purposes, 11 October 1993   Approves the procedures for monitoring the fulfilment of obligations regarding end-use of dual-use imports or exports.
Law No. 4902-1 Addenda to the RSFSR Criminal Code and the RSFSR Code of Criminal Procedure, 29 April 1993   Changes the Criminal Code and procedures to fulfil international obligations in the non-proliferation of weapons of mass destruction. Provides criminal punishments for illegal export of raw materials, materials, equipment, technology, scientific-technical information, and services that can be used to develop weapons of mass destruction.
Order of the President of the Russian Federation No. 284-rp on The Basic Provisions of Conception of Foreign Policy of the Russian Federation, 23 April 1993   Notes that transformation of the Convention on Biological Weapons into an efficient international document is one of the priority directions in the field of military-political security.
Resolution of the Government of the Russian Federation No. 869 on State Registration of Potentially Hazardous Chemical and Biological Substances, 12 November 1992  
Resolution of the Government of the Russian Federation on Approval of the Statute of the International Centre of Gene Engineering and Biotechnology, 7 October 1992  
Resolution of the Supreme Soviet of the Russian Federation No. 3244-1 on Ensuring Fulfilment of International Obligations by the Russian Federation in the Field of Chemical, Bacteriological (Biological) and Toxin Weapons, 8 July 1992  
Presidential Edict No. 388 on Measures to Establish an Export Control System in Russia, 11 April 1992   Provides the initial legal basis for a system of nonproliferation export controls in Russia. Resolves to establish export controls for materials, equipment, and technologies which can be used in the development of military equipment, or of missile, nuclear, chemical, and other types of weapons of mass destruction. Establishes an Export Control Commission (Eksportkontrol) with responsibilities for coordinating export control policy.Instructs Eksportkontrol to develop draft export control lists for dual-use materials, equipment, and technologies which could be used in the production of armaments or weapons of mass destruction (including missile, nuclear, chemical, and biological.) Instructs Eksportkontrol to coordinate with the Ministry of Foreign Affairs multilateral nonproliferation export control work with other CIS states and to prepare with the Ministry of Justice proposals on the criminal and administrative penalties for noncompliance with export control procedures.
Decree of the President of the Russian Federation No. 390 on Ensuring Fulfilment of International Obligations in the Field of Biological Weapons, 11 April 1992   States that on the territory of the Russian Federation the development and execution of biologic programmes in violation of the Convention on Prohibition of Biological and Toxin Weapons is not permitted. The Committee on Convention Problems of Chemical and Biological Weapons under the President of the Russian Federation was responsible for control over fulfilment of requirements of the Convention.
Decree of Presidium of the Supreme Soviet of USSR on Ratification of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, 11 February 1975  
Resolution of CEC of USSR on Ratification of Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and Bacteriological Means, 7 March 1928  
Federal Law No. 128-F3 on Licensing of Specific Activities, 8 August 2001   Establishes the procedure for licensing of activities involving microorganisms, including genetically modified ones, bacterial toxins and control of compliance with licensing requirements.
Resolution of the Government of the Russian Federation No. 501 Regulations on Licensing of Activities Involving Pathogens, 4 June 2002   Establishes the procedure for licensing of activities involving microorganisms, including genetically modified ones, bacterial toxins and control of compliance with licensing requirements.

 

Saint Kitts and Nevis

   
Biological Weapons Act, 1991   Implements the Convention in Saint Kitts and Nevis. Prohibits development, production, stockpiling, acquisition, and retention of biological agents in types and quantities with no justification for prophylactic, protective or other peaceful purposes. Extends the prohibitions to corporate bodies. Violation of the provisions of the Act will result punishment from a fine of $50 000 to life imprisonment.

 

Senegal

   
Decree No. 2000-839   Provides for the creation of a National Commission on Nuclear, Chemical and Biological weapons which is intended to assist the relevant authorities with developing policy on these weapons including identifying the relevant technical departments and studies and strategies on combating the production, stockpiling and use of these weapons on the territory of Senegal. Outlines the responsibilities and composition of this commission.
Serbia and Montenegro    
Regulations on Handling Waste of Hazardous Nature, No. 12/95, 1995   Requires a monthly report on amounts and types of produced, acquired, processed and stored hazardous waste products to the republic Ministry in charge with environmental protection affairs.
Law On Environmental Protection No. 53/95, 1995   Forbids processing, storage and disposal of imported radioactive or other hazardous waste on the territory of Republic of Serbia (Article 82. Paragraph 2). Regulates the management of hazardous substances in manufacture, usage, transport, traffic, storage and disposal in such way that life and health of people, as well as the environment are not endangered (Article 83, Paragraph 1).
Penal Code of the Republic of Serbia   Article 228, Punishes to imprisonment of 6 months to 5 years anyone who produces, purchases, or helps others to come in possession inter alias of weapons or devices to produce them, as well as poisons which are knowingly intended for a criminal act.
Penal Code of the Federal Republic of Yugoslavia, 1976   Article 125, Punishes terrorism with up to 3 years of imprisonment whoever undertakes an action dangerous to the public or an act of aggression that undermines the safety among citizens.Article 248a, Punishes for up to 5 years of imprisonment the importation of radioactive or other materials which endanger life and health of citizens.
Decree of the Government of the Socialist Federative Republic of Yugoslavia No. 23 on the Ratification of the BTWC, 7 February 1973   Proclaims the BTWC through this statutory decree and presents its official translation.
Penal Code of the Federal Republic of Yugoslavia, 1976, Article 148   Article 148, Paragraph 1, punishes to imprisonment of at least 1 year anyone who, in war or in armed conflict, uses or orders the use of weapons that are prohibited by the rules of international law. Paragraph 2: "If the execution of an criminal offence pursuant to paragraph 1 of this Article causes the death of more persons, the executor of the criminal offence will be punished for at least 5 years to 40 years of imprisonment".
Federal law of the Federal Republic of Yugoslavia No. 23 on the protection from population- threatening infectious diseases, 27 September 1996   Regulates fight against 67 listed infectious diseases which could possibly pose a threat for the whole state population. Provides measures to prevent and control these diseases and outlines the provisions for isolation, quarantine, immunization, prophylaxis, and diseases surveillance and reporting requirements. Defines offences and penalties related to the violation.

 

Slovakia

   
Ordinance No. 47/2002 on health protection while working with biological agents, 16 January 2002   Establishes the minimum requirements for health protection of employees against the risk of exposure to biological agents and for the prevention of that risk. Classifies the biological agents and defines the duties of employers with regard to prevention and protection.

 

South Africa

   
Government Notice No. 152, 29 January 2003   Declares certain goods to be controlled goods with reference to the Non-Proliferation and Weapons and Mass Destruction Act.
Proclamation of the President of the Republic of South Africa No. R. 16, 26 February 2002   Makes the BTWC a schedule to the 1993 Non-Proliferation and Weapons of Mass Destruction Act.
Medicines and Related Substances Amendment Bill, 2002   Amends the Medicines and Related Substances Act of 1965. Requires registration and monitoring of medicines used for humans and animals. Repeals the South African Medicines and Medical Devices Regulatory Authority Act of 1998.
The Animal Health Act No. 7, 24 July 2002   Provides for measures to promote animal health and to control animal diseases; to assign executive authority with regard to certain provisions of this Act to provinces; to regulate the importation and exportation of animals and things; to establish animal health schemes; and to provide for matters connected therewith.
Anti-terrorism Bill, 2002   Gives effect within the Republic of South Africa to the relevant international instruments, principles, and requirements relating to terrorism; to provide for certain offences related to terrorist acts in order to ensure the security of the Republic and the safety of the public against threats and acts of terrorism; to combat terrorist acts; to prohibit support and harbouring of proscribed organisations; and to provide for matters connected therewith. Of Note: Chapter 1: Section 12 (Hoaxes involving noxious substances or things or explosives or other lethal devices or weapons of mass destruction), Section 13 (Use of weapons of mass destruction).
Declaration of Certain Goods as Controlled Goods and the Determination of Control Measures Applicable to Such Goods, No. R. 1025, as amended 9 October 2001   Provides notification of the authority of the Minister of Trade and Industry to declare that any item of equipment, technology, materials, chemicals, biological agents and toxins and production facilities or components thereof, whether listed as controlled items or not, may be declared to be a controlled good by the Minister, in consultations with the Council, if they determine that such an item, in its entirety or in part, is intended for use in the production, stockpiling, development, handling, operation, maintenance, storage, or dissemination of chemical, biological or nuclear weapons or their delivery systems.
Non-Proliferation of Weapons of Mass Destruction Amendment, No. 1759, 1 November 1996   Amends the 1993 Weapons of Mass Destruction Act to make provision for the representation of the Ministry of Trade and Industry in the South African Council for Non-proliferation of Weapons of Mass Destruction and to render punishable any contravention of the certain provisions of the Act.
Non-Proliferation of Weapons of Mass Destruction Amendment, No. 50, 4 October 1995   Amends the Non-Proliferation of Weapons of Mass Destruction Act, 1993, so as to make provision for the appointment of a vice-chairperson to the South African Council for the Non-Proliferation of Weapons of Mass Destruction; to make further provision for the delegation of certain powers and duties.
Non-Proliferation of Weapons of Mass Destruction Act No. 87, 1993   Provides the Minister with the authority to imposes a prohibition whether for offensive or defensive purposes on the development, production, acquisition, stockpiling, maintenance or transit of any weapon of mass destruction. The Minister may also declare goods which may contribute to the design, development, production, deployment, maintenance or use of weapons of mass destruction, to be controlled goods. The Ministry may prohibit the import, export, re-export or transit of such goods, in addition to the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, transport or disposal by any means of such goods. Any person contravening a provision of or failing to comply with a provision of these regulations, is subject to imprisonment for a period not exceeding 10 years.
Animal Diseases Act No. 35, 20 March 1984   Outlines requirements for importation of certain controlled animal or things. Authorizes the Minster to establish quarantine stations and prescribe general control measures and to introduce animal health systems. Also outlines the duties of owners and managers with respect to animal disease and the authority of inspectors. Also prohibits any investigation, experiment or research with any vaccine, serum, toxin, anti-toxin, antigen or other biological product which consists or originates wholly or partially of, or from, any micro-organism, or of or from the glands, organs, fluids, or any other part, of an animal or parasite except with a permit and ‘the manufacture or evaluation of a product or remedy used for or intended to be used at or for the testing, diagnosis, prevention, treatment or cure of any animal disease or parasite, or for the maintenance or improvement of the health, growth, production or working capacity of an animal, use any vaccine, serum, toxin, anti-toxin, antigen or other biological product’ without a permit. Also contains criminal provisions for violations of the Act.
Agricultural Pets Act No. 36, 1983   Provides measures to prevent infectious diseases and to regulate the use of pathogens. A person found in possession of goods where a ‘reasonable suspicion’ exists that the goods were imported without a permit or who refuses or neglects to comply with the Act is guilty of an offence.
Health Act No. 63, 1977  
Hazardous Substances Act No. 15, 1973   Provides for the control of substances which may cause injury or ill-health to or death of human beings by reason of their toxic, corrosive, irritant, strongly sensitising or flammable nature, and for the control of certain electronic products. It is also to provide for the classification of such substances and products according to the degree of danger. Its main provisions concern: definitions; declaration of grouped hazardous substances; sale, use and application of such substances; inspection; powers of inspectors; analysis; detention of imported substances; warranties and liabilities; offences and penalties; scope of regulations that can be issued under the Act.
Hazardous Substances Act No. 15, 1973   Provides for the control of substances which may cause injury or ill-health to or death of human beings by reason of their toxic, corrosive, irritant, strongly sensitising or flammable nature, and for the control of certain electronic products. It is also to provide for the classification of such substances and products according to the degree of danger. Its main provisions concern: definitions; declaration of grouped hazardous substances; sale, use and application of such substances; inspection; powers of inspectors; analysis; detention of imported substances; warranties and liabilities; offences and penalties; scope of regulations that can be issued under the Act.
Occupational Health and Safety Act, 1993   Provides general guidelines for occupation biosafety, biosafety in transport and requires the registration of certain pathogens.
Hazardous Biological Agents Regulations, 1993   Provides general guidelines for occupation biosafety, biosafety in transport and requires the registration of certain pathogens.

 

Spain

   
Royal Decree No. 491/1998, 12 March 1998  
Order adapting to technical progress Royal Decree No. 664/1997 concerning the protection of workers from risks related to exposure to biological agents at work, 25 March 1998   Amends Appendix II of Royal Decree 664/1997. Topics: bacteria; biological hazards; classification; law; list; microorganisms; viruses.
Royal Decree No. 664/1997 on the protection of workers from risks related to exposure to biological agents at work, 12 May 1997   Implements in Spain the provisions of Directive 90/679/EEC (CIS 91-29), as amended by 93/88/EEC (CIS 94-783) and 95/30/EC. It covers: scope, definitions and classification; obligations of employers; diverse provisions (health and veterinary establishments other than diagnostic laboratories; special measures applying to industrial procedures, laboratories and animal-housing locations). In annex: indicative list of occupations where exposure is likely; classification of biological agents (bacteria, viruses, parasites, fungi); label to indicate biological hazards; containment recommendations (general, industrial processes, practical recommendations for vaccination).
Law No. 15/1994   Establishes the judiciary regime for the confined usage, voluntary liberation and merchandising of genetically modified organisms with the aim to prevent risks for the human health and for the environment.
Decree No. 824/1993, 28 May 1993   Approves the Regulation of External Commerce for Defense Material and Dual-Use Goods.
Law No. 12/1995, 12 December 1995   Provides that through the Royal Decree, the government will approve the relationship between defence material and dual-use material and will establish the requirements, conditions and procedures for the authorization of export.
Law No. 3/1992, 30 April 1992   Provides that through the Royal Decree, the government will approve the relationship between defence material and dual-use material and will establish the requirements, conditions and procedures for the authorization of export.
Decree No. 951/1994   Pertains to export controls on dual-use items including biological agents, toxins and equipment.
Law No. 31/1995   Pertains to transhipment through national territory of human pathogens.
Decree No. 951/1997   Pertains to transhipment through national territory of human pathogens.

 

Sweden

   
The Penal Code of Sweden, Chapters 23  
The Penal Code of Sweden, Chapters 36  
Biological Agents Directive AFS 1993:18, 25 November 1993   Modifies notification AFS 1992:8, bringing it into conformity with EU directive 90/679/EEC. It requires employers to keep a record of workers who have been exposed to biological agents.
Regulation AFS 1991:2 on work with risk of infections, 1991   Gives advice on how to deal with contamination likely to occur in workplaces. Particularly exposed workers are nursing home staff, rescue staff, hospital staff, people working with children, social workers, workers in refugee services, police, people working with microbiological organisms, workers with animals, and workers in the food industry and industries dealing with biological material.
Approves the Regulation of External Commerce for Defense Material and Dual-Use Goods   Defines products with dual use, export, exporter and export declaration as Article 2 of Council Regulation (EC) No. 1334/2000. Appoints the National Inspectorate of Strategic Products or an authority appointed by the Government to examine permit matters and to issue regulations supplementary to the provisions on export permits. States in section 9 that ‘Technical assistance may not be provided outside the European Community if it is intended for use in connection with the development, production, handling, use, maintenance, storage, detection, identification or proliferation of chemical or biological weapons or of nuclear weapons or other nuclear explosive devices or in connection with the development, production, maintenance or storage of missiles that are able to deliver such weapons. Also outlines penalties for non-permitted acts.
Ordinance on control of products with dual-use and of technical assistance, No. 1217, 7 December 2000   Controls strategic products in accordance with Council Regulation (EC) No. 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use goods and technologies and with the Act (2000:1064) on control over products with dual-use and over technical assistance. Also controls, among other things, the ‘production by synthesis, [i.e.] through chemical reaction or through biological or biotechnical processes (biosynthesis)’, regulates types of permit, entitles the Inspectorate for Strategic Products to issues regulations regarding import, export, and transfer permits in accordance with EC regulation, states that ‘in other cases [than those of nuclear substances and materials], supervision and controls are executed by the National Inspectorate of Strategic Products’, regulates time limits on the notification of the customs authority of the export or transfer of dual-use goods, states that ‘notification […] does not need to be made, if the export or transfer according to information in the permit regards […] biological agents.’
The Law on Strategic Products No. 397, 1998   Applies to equipment that can be used for the manufacture of biological or chemical weapons and of the biological agents and chemical precursors referred to in item 4. It states that military equipment may not be manufactured in Sweden unless a permit is granted. Defines strategic products as those that can be used for both civil and military purposes. Contains penal provisions for violation of the law ranging from fines to up to 4 years imprisonment.
The Weapons Act No. 67, 1996  
Ordinance on Prohibition of Export of Certain Products which can be used for Mass Destruction No. 2060, 1994  
The Military Equipment Act No. 1300, 1992   (Amended up to and including Act No. 68, 1996). Covers weapons, ammunition and other materiel designed for military use which constitute military equipment in accordance with regulations issued by the Government Prohibits without a valid permit the production (production of materiel or parts thereof which constitute military equipment) or supply (sale, transfer, offer for sale, loan, gift or intermediation) of military equipment, prohibits Swedish authorities, Swedish companies and persons who are resident or permanently domiciled in Sweden to supply military equipment abroad. Punishes unlawful exportation in accordance with the Act on Penalties for the Smuggling of Goods. Imposes for manufacture or supply of military equipment without permit not more than two years in case of intentional action, not more than 6 months in case of negligence, and no sentence for minor actions.
The Military Equipment Ordinance No. 1303, 1992   (Amendments up to and including Act No. 124, 1997). Regulates production of military equipment, permits for production export, defines obligation to provide information and declaration on type, quantity, invoice, final destination among by any person or entity that ‘produces, prepares, uses, acquires, disposes of or stores the substances referred to in Part C of the Annex to this Ordinance. Requires information of the National Inspectorate of Strategic Products about the transfer abroad of the right to manufacture military equipment or of cooperation agreements entered into with persons or entities abroad and about the ownership in foreign legal entities involved in the development, manufacture, marketing or sale of military equipment shall provide information.
The Penal Code of Sweden, Chapter 22, 23, 36  
Strategic Products Act No. 341, 1991 (Amended by Act No. 1661, 1995)   Sets out the regulations for granting of licenses for export of strategic exports. Permits are to be granted is they do not conflict with Sweden’s foreign policy, security policy or defence policy interests. The Act contains additional provisions under EC Regulation No. 3381/94 establishing a community regime for the control of exports of dual-use goods. Under Section 2 the act applies to (among other items) biological agents that can be used in weapons, equipment that can be used for manufacture of biological weapons and other products that wholly or partly are or may be intended for use in connection with the development, production, handling, operation, maintenance, storage, tracing, identification or proliferation of chemical, biological or nuclear weapons.
Strategic Products Ordinance No. 400, 1998(Amended by Ordinance No. 681, 23 June 1999, Ordinance No. 205, 27 April 2000)   Contains regulations in accordance with the Strategic Products Act No. 397 and EC Regulation No. 3381/94. Amendments made in 1999 and 2000 are in accordance with various European Council decisions.
Communicable Disease Act No. 1472, 1988  

 

Switzerland

   
Ordinance on Occupational Safety in Biotechnology, 25 August 1999   Defines micro-organisms and genetically modified micro-organisms and techniques for genetic modification. Requires the regular identification and evaluation of the risks to which workers are exposed and the notification of the Bureau de Biotechnologie de la Confédération by employers. Defines general security measures for the protection of the workers by employers.
Ordinance on the Contained Use of Organisms, 1999   Protects people and the environment and in particular communities of animals and plants and their habitats, against harmful effects or nuisances of the contained use of organisms. Contributes to the maintenance of biodiversity and soil fertility. Regulates the contained use of organisms, in particular genetically modified or pathogenic organisms.
Ordinance on War Material, 25 February 1998   Regulates the initial authorisation and the specific authorisations that are required for the manufacture, the brokerage, the import, the export and the transit of war materials, as well as the conclusion of contracts to transfer incorporeal property, including know-how and the concession of related rights. Applies in Switzerland customs area, to Swiss customs warehouses and Swiss customs enclaves.
Ordinance on the export, import, and passage in transit of goods usable for civilian and military purposes and specific military goods, 25 June 1997   Regulates the export, import and transit of goods usable for civilian and military purposes and specific military goods which are the subject of international control measures not binding pursuant to international law. Applies in Swiss customs area to Swiss customs warehouses and Swiss customs enclaves.
Federal Law on War Material RS 514.51, 13 December 1996 (Amended 26 November 2002)   Prohibits the development, production, indirect transfer, acquisition, import, export, transit and stockpiling of nuclear, biological or chemical weapons under Article 7. This article also applies to offences committed abroad if they are in violation of international law which is binding on Switzerland.
Federal Law on the Control of Goods Suitable for Civilian and Military Purposes and Specific Military Goods, 13 December 1996   Regulates, inter alia, the import, export and transit of microorganisms and toxins. Applies to dual-use goods and specific military goods which are the subject of international agreements. Also outlines the responsibilities of the Federal Council in this regard including license and reporting requirements and surveillance measures for import, export, transit, production, storage, transfer and use of goods.
Federal Law on Epidemics, 18 December 1970   Regulates fight against diseases transmissible to man, states in Paragraph 3 of Article 1 that the Confederation and the cantons take the necessary measures to protect human beings against pathogens including those genetically modified. Regulates identification of laboratories through permits delivered by the Swiss Institute of Therapeutic Products. Regulates the trade in pathogenic agents and requires an authorisation from every person disseminating pathogens for research or commerce. Entitles the Federal Council to regulate the transport, importation, exportation and the transit of pathogens, to limit or to ban the use of certain pathogens, to fix the conditions for persons using pathogens. Also outlines the provisions for quarantine, vaccination, and disease surveillance and reporting requirements. Provides for imprisonment or a fine anyone who intentionally or by negligence does not respect the prescriptions of the present law.
The Ordinance on the Release of Organisms into the Environment   Outlines protection for people and the environment and in particular communities of animals and plants and their habitats, against harmful effects or nuisances of the contained use of organisms. This Ordinance shall also contribute to the maintaining of biodiversity and soil fertility. Regulates the contained use of organisms, in particular genetically modified or pathogenic organisms.
Federal Law No. 818.101 on control of diseases transmissible to humans, 1990   Outline biosafety precautions to avoid epidemics.

 

Thailand

   
Hazardous Substance Act, B.E. 2535, 1992   Defines hazardous substances including ‘toxic substances’, ‘mutant causing substances’, ‘substances causing diseases’ and ‘other substance either chemicals or otherwise which may cause injury to the persons, animals, plants, property, or environments’. Also outlines the punishment for violating the act, an imprisonment not exceeding 1 year or by a fine only.
Toxic Substances Control Acts ,1992  
Pathogens and Toxins Act, B.E. 2525 (C.E.), 1982  
Export and Import Act B.E. 2522, 1979  
Plant Quarantine Act, B.E. 2507, 1964  
Pathogen Control Act , 1956  
Thai Draft Guidelines on Contained Uses of Genetically Modified Organisms   Guidelines that apply to any experiment carried out in laboratories of government, state enterprises, private organizations, or companies and involving the construction and/or propagation of viroids, viruses, cells or organisms of novel genotypes produced by genetic manipulation which are either unlikely to occur in nature or likely to pose a hazard to public health or to the environment. If an investigator is uncertain if the work he/she is proposing to do falls within the scope of these Guidelines, a description of the proposed work should be submitted to the Institutional Biosafety Committee (IBC) for written clarification before work commences. If there is no IBC in the firm or institution, a description of the work proposed should be sent to the National Biosafety Committee (NBC).
Biosafety Guidelines in Genetic Engineering and Biotechnology for Field Work and Planned Release B.E. 2536, 1993   Guidelines that apply to any experiment carried out in field work of government, state enterprises, private organizations, or companies and involving the construction and/or propagation of viroids, viruses, cells or organisms of novel genotypes produced by genetic manipulation which are either unlikely to occur in nature or likely to pose a hazard to public health or to the environment. If an investigator is uncertain if the work he/she is proposing to do falls within the scope of these Guidelines, a description of the proposed work should be submitted to the Institutional Biosafety Committee (IBC) for written clarification before commences. If there is no IBC in the firm or institutional, a description work proposed should be sent to the National Biosafety Committee (NBC).
Guidelines for Safety Assessment of Genetically Modified Food   This guideline aims to set the regulation for the safety assessment of food or feed products derived from gene technology including with the guideline for preparation of documents submitted to the regulator by importer and food producers for their approval.
Disease Control Act B.E. 2499, 1956  
Animal Disease Control Act B.E. 2505, 1962  
Animal Pathogen and Toxin Act B.E. 2525, 1982  
Food Act B.E. 2522, 1979  
Drug Act B.E. 2530, 1987  
Military Ordinance Control Act B.E. 2530, 1987  

 

The Former Yugoslav Republic of Macedonia

   
Law on Trading, 1995   Allows the government to assign measures restricting the market and entrepreneurship when goods, raw and reproduction materials of strategic importance must be obtained for defense purposes including the manufacturing of weapons and military supplies for the needs of the armed forces, and other products of special importance to defense; to prohibit trade with particular products, including export and import of those goods, restricting trade in terms of quantity, quality and other aspects of the products, or imposing special trade requirements on certain products (purchase by way of permits or other documents).
Foreign Trade Law, 1993   Stipulates that foreign trade activities are performed in compliance with laws and regulations in the Republic of Macedonia and international agreements and conventions. Allows importation of goods permanently or temporarily only in accordance with the positive regulations and international conventions and agreements and a health or veterinary quality control. Requires a licence for the import and/or export of certain goods on basis of a license, in cases of implementation of international agreements, regulation of imports and exports of arms and military equipment. Fixes a fine for performance of foreign trade activities without an approval by the administrative agency in charge of foreign economic relations.

 

Tunisia

   
Act No. 97-37 on Road Transport of Dangerous Materials, 2 June 1997   Addresses classification; corrosive substances; dangerous substances; drivers; explosive substances; flammable substances; gases; law; packing, filling; penalties; qualifications; radioactive substances; road transport; toxic substances; warning notices.

 

Turkey

   
Law No. 3763 on the Control of Private Industrial Enterprises Producing War Weapons, Vehicles, Equipment and Ammunition, 1940   (Amended 25 January 1997). Requires that relevant licenses must be issued by the MND for the export of all weapons and ammunition, except sporting and hunting rifles. Regulates international trade on chemicals and equipment used to produce chemical agents.
Export Regime Decree No. 95/7623, 22 December 1995   Enables a centralized monitoring of the export of sensitive goods, technology and dual-use material on the basis of the exporting company, product, quantity and value. Requires from the exporter to obtain the license as well as a registration note and to apply to the customs authorities within 90 days. Article 3a requires all exporters to be a member of an Exporters’ Union in order to be able to export any good or material. Requires the Istanbul Metals and Minerals Exporters’ Union (IMMIB) to register sensitive goods, technology and dual-use material which denotes this registration on the customs declaration.
Law to Fight Terrorism, Act No. 3713, 12 April 1991   Provides definitions of terrorism and terrorist organizations, outlines provisions for responding to terrorist activities and punishment for terrorist activities. Makes no specific references to utilization biological weapons or ‘weapons of mass destruction.’
Notification Regarding the Goods the Export of Which are Prohibited or Subject to License   This notification is revised each year taking into account the multilateral obligations of Turkey and subsequently published in the official Gazette.

 

Ukraine

   
Resolution No. 440, 20 June 1995 on Approval of the Regulations on Receiving Permits to Produce, Store, Transport, Use, Bury, Destroy, and Utilize Poisonous Substance, Including Toxin Production Waste, Products of Biotechnology and Other Biological Agents  
Law on Counteracting Terrorism, 20 March 2003   Creates a legal basis to counteract terrorism in all its aspects and forms in the context of implementation of UNSC 1333 and UNSC 1373. Determines the principles, terms, organization and coordination mechanisms to counteract terrorism. Contains special provisions that regulate international cooperation in this area. One section of the act is addresses the issues of compensation and social rehabilitation of victims.
Cabinet of Ministers Decree No. 244 on Amending Cabinet of Ministers Decrees on Matters of States Export Control, 14 March 2001   Makes recommendations for information sales contracts should contain. Requires a commitment from the foreign buyer not to re-export or transfer items to a third party without the written consent of the exporter and the State Service for Export Control.
Presidential Edict No. 868 on Measures to Enhance the Effectiveness of Military and Technical Cooperation between Ukraine and Foreign States, 8 July 2000   Creates a new Committee for Policy on Military-Technical Cooperation and Export control with responsibilities that include ‘introducing bans on the export, import, and transit of goods subject to export control to comply with Ukraine’s international non-proliferation obligations’.
Cabinet of Ministers Decree No. 651, on the Statute of the State Service for Export Control, 12 April 2000   Outlines responsibilities for the State Service for Export Control including issuing permits and licensing documents; reviewing export control documents; issuing import certificates; registering companies involved in transferring controlled goods; drafting export control legislation; and, negotiating contracts for the export of military or dual-use goods to states for which there is a partial embargo.
Cabinet of Ministers Decree No. 920 on the Statute on the Procedure for Issuing Guarantees and for State Monitoring of International Transfers of Military Goods and Dual-Use Goods, 27 May 1999  
Presidential Edict No. 422/99 on Measures to Improve Military and Technical Cooperation between Ukraine and Foreign Countries, 21 April 1999   Outlines broad regulatory powers over military and technical cooperation, including the export and import of military-related goods. Identifies the relevant authoritative organizations.
Presidential Edict No. 283/99 on Amendments and Addenda to Edicts 1279 and 117, 26 March 1999   Clarifies the role of the State Service for Export Control of Ukraine. Also clarifies actions taken against exporters who violate procedures.
Presidential Edict No. 117/98 on the Statute of State Export Control in Ukraine, 13 February 1998   Outlines the objectives and procedures for the country’s export control system. Requires potential exporters to seek permission before engaging in negotiations with a foreign partner. Introduces a catch-all provision requiring exporters to inform authorities if it becomes known that the items intended for export may be used to produce weapons of mass destruction or conventional weapons, whether or not the items are on the control list.
Cabinet of Ministers Decree No. 1005 on Procedures for Controlling the Export, Import, and Transit of Certain Items, Equipment, Materials, Software and Technologies that Can Be Used to Create Weapons, Military or Special Equipment, 22 August 1996   (Amended by Decree No. 1320, 18 August 1998) Establishes new export procedures and a new export control list for dual-use goods and technologies. It also serves as one of Ukraine’s five national control lists.
Cabinet of Ministers Decree No. 1358 On the Statute on the Procedure for State Monitoring of International Transfer of Dual-use Goods Contained in Control Lists, 8 December 1997   Lists conventional weapons and related technologies that require and export license. This is one of five national control lists.
Cabinet of Ministers Decree No. 1217 on the Government Commission for Export Control Policy, 10 November 1997   Defines the responsibilites of the Government Commission for Export Control Policy, including introducing restrictions and bans on the export import and transit of goods and granting permits for military or dual-use goods.
Decree No. 384, 22 April 1997 on Changes and Amendments to the Regulations on the Procedure for the Control of Export, Import and Transit of the Commodities that could be used in the Production of Chemical, Bacteriological (Biological) and Toxin Weapons   Provides for the trade regulations governing listed agents including toxic chemicals, pathogenic organisms and their genetically modified forms and fragments of genetic material and toxins. This decree serves as one of the country’s five national control lists.
Criminal Code of Ukraine, Article 258 on Acts of Terrorism   Defines an act of terrorism as “the use of weapons, explosions, fire or any other actions that expose human life or health to danger or cause significant pecuniary damage or any other grave consequences…” and provides for punishment of deprivation of freedom for a term of 5 to 10 years. The same acts, committed repeatedly or by a group of persons upon their prior conspiracy, or where these actions have caused significant property damage or other grave consequences, shall be punished by a deprivation of freedom for a term of 7-12 years. Where the acts provided for in paragraph 1 or 2 of the act cause death they will be punished with a term of 10-15 years or life imprisonment.
Criminal Code of Ukraine, Article 261 on Attacks on the facilities on which there are items that constitute the enhanced danger to the surroundings   Article 261 on Attacks on the facilities on which there are items that constitute the enhanced danger to the surroundings. “Attacks on any facilities on which any radioactive, chemical, biological or explosive materials, substances, or items produced, stored, used, or transported therein, for the purpose of seizure, injury or destruction of any such facilities, shall be punished by deprivation of freedom for a term from 5-12 years.”
Criminal Code of Ukraine, Article 321 on Illegal production, making, purchasing, transportation, sending, storage for selling purposes, or sale of poisonous and drastic substances   Illegal production, making, purchasing, transportation, sending, storage for selling purposes, or sale of poisonous and drastic substances or the relevant equipment will be punished by a fine up to 50 tax-free minimum incomes of citizens, or deprivation of freedom for a term up to 3 years. Violation of rules related to production, making purchasing, storage, dispensation, inventorying, transportation or sending of poisonous or drastic substances other than narcotics, psychotropic substances and their analogues will be punished by a fine up to 100 tax-free minimum incomes or deprivation of freedom for up to 2 years.
Criminal Code of Ukraine, Article 326 on Violation of rules related to handling of microbiological or other biological agents or toxins   Article 326 on Violation of rules related to handling of microbiological or other biological agents or toxinsViolation of rules related to storage, use, accounting, transportation of microbiological or other biological agents or toxins, and any other rules related to the handling of the same which cause the death of people or other grave consequences will be punished by a fine of up to 50 tax-free minimum incomes of citizens or correctional labour for up to 2 years or limitation of freedom for up to 3 years. The same action that caused death of people or any other grave consequences shall be punished by limitation of freedom for a term of up to 5 years or limitation of freedom for the same time period.
Criminal Code of Ukraine, Article 333 on Illegal exportation outside Ukraine of raw material, materials, equipment, technology for creation of weapons as well as military and special enginery   Article 333 on Illegal exportation outside Ukraine of raw material, materials, equipment, technology for creation of weapons as well as military and special enginering. Violation of established regulations on export outside Ukraine of raw materials, materials, equipment or technology that can be used for the development of missile, nuclear, chemical or other types of weapons, as well as for production of equipment for military and special purposes shall be punished by a fine of 100 to 200 tax-free minimum incomes of citizens, or limitation of freedom for a term of up to 3 years, or deprivation of freedom for the same term.
Criminal Code of Ukraine, Article 439 on Use of weapons of mass destruction   Article 439 on Use of weapons of mass destruction. Use of weapons of mass destruction prohibited by international treaties consented to be binding in Ukraine will be punished by deprivation from freedom for a term of 8 to 12 years. If the same action causes death of people or other grave consequences it shall be punished by deprivation from freedom for a term of 8 to 15 years or life imprisonment.
Criminal Code of Ukraine, Article 440 on Development, production, purchasing, stockpiling, sale or transportation of weapons of mass destruction   Article 440 on Development, production, purchasing, stockpiling, sale or transportation of weapons of mass destruction. Development, production, purchasing, stockpiling, sale or transportation of weapons of mass destruction prohibited by international treaties binding in Ukraine will be punished by deprivation of freedom for a term of 3 to 10 years.
Criminal Code of Ukraine, Article 441 on Ecocide   Article 441 on Ecocide, Mass destruction of flora and fauna, poisoning of air or water resources, as well as any other actions that may cause an environmental disaster will be punished by deprivation from freedom of 8 to 15 years.
Regulation on Procedure of Storage, Work and Transfer of the Cultures of Bacteria, Viruses, Rickettsia, Fungies, Protozoa, Micoplasma, Bacterial Toxins and Poisons of Biological Origin, 18 May 1979   Provides strict accounting of materials, safety of work in laboratories; excludes the possibility of non-authorized transfer, unaccounted storage or use and the possibility of distribution of infections outside the limits of laboratories. It ensures the fulfilment of the rules of transfer of cultures, toxins, poisons in other institutions of the country and outside its borders.
State Sanitary Rules ??? 9.9.5-080-2002 “Rules of Organization and Safe Work in Laboratories (Divisions) of Microbiological Profile”   Determines the procedures of work with biological pathogenic agents of III and IV groups of pathogenicity.
State Sanitary Rules ??? 9.9.5-064-2000 “Procedure to Grant the Permission for the Work with Microorganisms of I-IV Groups of Pathogenicity and Recombinant DNA”   Outlines the conditions that institutions must meet in order to receive permission to work with microorganisms of certain groups of pathogenicity.
Decree No. 35 of the Chief State Sanitary Doctor of the Ukraine, 1 July 1999   Promulgates the State Sanitary Rules ??? 9.9.5-035-99 – “Safety of Work with Microorganisms of I-II Groups of Pathogenicity” which contain classification of human pathogenic microorganisms. The division of agents of human infectious diseases into the groups of pathogenicity is based on their effects on workers with normal health. Agents of infectious diseases of animals and plants that cannot cause human diseases are not included in the list of microorganisms on groups of pathogenicity.
Decree No. 705 On the State System of Depositation of Strains of Microorganisms, 12 October 1994  
Decree No. 1300 On the Development of State System of Depositation of Strains of Microorganisms, 17 August 1999   Limits the number of institutions that have stocks of pathogenic microorganisms and toxins.
Decree No. 426 On Improving of Safety of Institutions where the Work with the Microorganisms of I-IV Groups of Pathogenecity are Conducted, 24 October 2001   Aims to improve biological and physical protection during the storage of test strains, diagnostic kits, collections of cultures in microbiological and virological laboratories.

 

United Kingdom

   
Importation of Animal Pathogens Order (Northern Ireland) No. 433, 25 October 1999   Prohibits the importation of an animal pathogen or carrier into Northern Ireland except under the authority of and in accordance with the conditions of a license issues by the Department of Agriculture. Outlines the powers of inspectors in regard to this order.
The Sierra Leone (United Nations Sanctions) Order No. 2592, 30 October 1997   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in Resolution 1132 of 8th October 1997 on the export to Sierra Leone and the supply to persons in Sierra Leone of arms and related matériel, and petroleum and petroleum products. It restricts certain related activities including the carriage of prohibited goods in ships, aircraft and vehicles. The term ‘arms’ is defined as including biological weapons.
The Sierra Leone (United Nations Sanctions) Order No. 2592, 30 October 1997, Dependent Territories No. 2593  
The Sierra Leone (United Nations Sanctions) Order No. 2592, 30 October 1997, Channel Islands No. 2599   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in Resolution 1132 of 8th October 1997 on the export to Sierra Leone and the supply to persons in Sierra Leone of arms and related matériel, and petroleum and petroleum products. It restricts certain related activities including the carriage of prohibited goods in ships, aircraft and vehicles. The term ‘arms’ is defined as including biological weapons.
The United Nations Embargoes (Somalia, Liberia, Rwanda) (Channel Islands) No. 3154, 19 December 1996   Prohibits export of listed goods to Somalia, Liberia and Rwanda and licensing of arms exports. The term ‘arms’ is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training. Outlines punishments for violating the Order.
The United Nations Embargoes (Somalia, Liberia, Rwanda) (Channel Islands) No. 3154, 19 December 1996, Isle of Man No. 3153   Prohibits export of listed goods to Somalia, Liberia and Rwanda and licensing of arms exports. The term ‘arms’ is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training. Outlines punishments for violating the Order.
The United Nations Arms Embargoes (Former Yugoslavia) (Amendment) Order No. 1629, 26 June 1996   Amends the previous embargo to provide a new definition of prohibited goods as follows: goods which are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons." Amends the United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993 by revoking the restrictions contained therein on the delivery and supply of arms and related materiel to the territories of the former Yugoslavia.
The Importation of Animal Products and Poultry Products (Amendment) Order No. 2920, 16 November 1994   Amends the Importation of Animal Products and Poultry Products Order 1980 so as to extend the prohibition of landing animal products or poultry products without a licence. The prohibition now covers all animal products and poultry products other than those covered in specific legislation listed in the Schedule. Also amends the Importation of Embryos, Ova and Semen Order 1980 so as to extend the definition of "poultry" in that Order to all birds.
The Export of Goods (Control) Order No. 1191, 24 April 1994   Prohibits the export of all goods contained in Schedule 1 of this Order. Outlines licensing provisions for other exports including requirements for proof of arrival at stated destination. Provides for a penalty not exceeding two thousand pounds should the exporter not be able to provide such proof unless s/he can prove they did not consent to the goods reaching any other destination. Those who provide false information under this Order could be imprisoned for a term no longer than two years.
The Export of Goods (Control) Order No. 1191, 24 April 1994 (Amendments)   Prohibits the export of all goods contained in Schedule 1 of this Order. Outlines licensing provisions for other exports including requirements for proof of arrival at stated destination. Provides for a penalty not exceeding two thousand pounds should the exporter not be able to provide such proof unless s/he can prove they did not consent to the goods reaching any other destination. Those who provide false information under this Order could be imprisoned for a term no longer than two years.
The Specified Animal Pathogens Order No. 3250, 24 December 1993   Restricts possession of any specified animal pathogen in Part I of the Schedule to this Order, or any carrier in which he knows such a pathogen is present, except under the authority of a licence issued by the appropriate Minister. Provides a list of pathogens requiring a licence for possession or introduction into an animal.
The Libya (United Nations Sanctions) Order No. 2807, 16 November 1993   Re-enacts, with certain modifications, the provisions of the Libya (United Nations Sanctions) Order 1992 (S.I. 1992/975) and imposes further restrictions, pursuant to a decision of the Security Council of the United Nations in Resolution No. 883 of 11th November 1993. The list of prohibited goods includes ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the Export of Goods (Control) Order.
The Libya (United Nations Sanctions) Order No. 2807, 16 November 1993, Dependent Territories, No. 2808   Re-enacts, with certain modifications, the provisions of the Libya (United Nations Sanctions) Order 1992 (S.I. 1992/975) and imposes further restrictions, pursuant to a decision of the Security Council of the United Nations in Resolution No. 883 of 11th November 1993. The list of prohibited goods includes ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the Export of Goods (Control) Order.
The Libya (United Nations Sanctions) Order No. 2807, 16 November 1993, Channel Islands, No. 2811   Re-enacts, with certain modifications, the provisions of the Libya (United Nations Sanctions) Order 1992 (S.I. 1992/975) and imposes further restrictions, pursuant to a decision of the Security Council of the United Nations in Resolution No. 883 of 11th November 1993. The list of prohibited goods includes ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the Export of Goods (Control) Order.
The Libya (United Nations Sanctions) Order No. 2807, 16 November 1993, Isle of Man, No. 2812   Re-enacts, with certain modifications, the provisions of the Libya (United Nations Sanctions) Order 1992 (S.I. 1992/975) and imposes further restrictions, pursuant to a decision of the Security Council of the United Nations in Resolution No. 883 of 11th November 1993. The list of prohibited goods includes ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the Export of Goods (Control) Order.
The Angola (United Nations Sanctions) Order No. 2355, 29 September 1993   Prohibits export of listed goods to Angola and licensing of arms exports. The term ‘arms’ is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training.. Outlines punishments for violating the Order.
The Angola (United Nations Sanctions) Order No. 2355, 29 September 1993, Dependent Territories, No. 2356   Prohibits export of listed goods to Angola and licensing of arms exports. The term ‘arms’ is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training.. Outlines punishments for violating the Order.
The Angola (United Nations Sanctions) Order No. 2355, 29 September 1993, Channel Islands, No. 2357   Prohibits export of listed goods to Angola and licensing of arms exports. The term ‘arms’ is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training.. Outlines punishments for violating the Order.
The Angola (United Nations Sanctions) Order No. 2355, 29 September 1993, Isle of Man, No. 2358   Prohibits export of listed goods to Angola and licensing of arms exports. The term ‘arms’ is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training.. Outlines punishments for violating the Order.
The United Nations Embargoes (Liberia, Somalia and the Former Yugoslavia) Order No. 1781, 20 July 1993   Imposes restrictions pursuant to decisions of the Security Council of the United Nations in Resolution No. 713 of 25th September 1991 which provided for States to "implement a general and complete embargo on all deliveries of weapons and military equipment" to the former Yugoslavia, and in Resolution No. 733 of 23rd January 1992 and Resolution No. 788 of 19th November 1992, which made similar provision in relation to Somalia and Liberia, respectively. The schedule of prohibited goods utilized in this Order includes ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the Export of Goods (Control) Order.
The Haiti (United Nations Sanctions) Order No. 1784, 20 July 1993   Prohibits export of listed goods to Haiti and licensing of arms exports. The term arms is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training. Outlines punishments for violating the Order.
The Haiti (United Nations Sanctions) Order No. 1784, 20 July 1993, Dependent Territories, No. 1785   Prohibits export of listed goods to Haiti and licensing of arms exports. The term arms is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training. Outlines punishments for violating the Order.
The Haiti (United Nations Sanctions) Order No. 1784, 20 July 1993, Channel Islands, No. 1793   Prohibits export of listed goods to Haiti and licensing of arms exports. The term arms is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training. Outlines punishments for violating the Order.
The Plant Health (Great Britain) Order No. 1320, 20 May 1993   Outlines which plants may be imported into Great Britain via a scheduling system. Prohibits any person to move, sell, plant or otherwise dispose of an infected plant without approval. Prohibits activities involving the genetic modification of a plant pest without approval. Outlines requirements for phytosanitary certificates and plant passports to prevent against the introduction of plant pests into Great Britain.
The Plant Health (Great Britain) Order No. 1320, 20 May 1993, Amended 26 January 1998, No. 16   Outlines which plants may be imported into Great Britain via a scheduling system. Prohibits any person to move, sell, plant or otherwise dispose of an infected plant without approval. Prohibits activities involving the genetic modification of a plant pest without approval. Outlines requirements for phytosanitary certificates and plant passports to prevent against the introduction of plant pests into Great Britain.
The Serbia and Montenegro (United Nations Sanctions) Order No. 1302, 4 June 1992   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in Resolution No. 757 of 30th May 1992, on the export of goods to Serbia or Montenegro and on the supply of goods to persons connected therewith, and on the importation of goods therefrom, as per Schedule 1 of the Export of Goods (Control) Act which includes goods capable of being used in relation to biological weapons.
The Serbia and Montenegro (United Nations Sanctions) Order No. 1302, 4 June 1992, Dependent Territories, No. 1303   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in Resolution No. 757 of 30th May 1992, on the export of goods to Serbia or Montenegro and on the supply of goods to persons connected therewith, and on the importation of goods therefrom, as per Schedule 1 of the Export of Goods (Control) Act which includes goods capable of being used in relation to biological weapons.
The Serbia and Montenegro (United Nations Sanctions) Order No. 1302, 4 June 1992, Channel Islands, No. 1308   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in Resolution No. 757 of 30th May 1992, on the export of goods to Serbia or Montenegro and on the supply of goods to persons connected therewith, and on the importation of goods therefrom, as per Schedule 1 of the Export of Goods (Control) Act which includes goods capable of being used in relation to biological weapons.
The Libya (United Nations Sanctions) Order No. 975, 8 April 1992   Prohibits export of listed goods to Libya and licensing of arms exports. The term arms is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training to Libya. Outlines punishments for violating the Order.
The Libya (United Nations Sanctions) Order No. 975, 8 April 1992, Dependent Territories, No. 976   Prohibits export of listed goods to Libya and licensing of arms exports. The term arms is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training to Libya. Outlines punishments for violating the Order.
The Libya (United Nations Sanctions) Order No. 975, 8 April 1992, Channel Islands, No. 977   Prohibits export of listed goods to Libya and licensing of arms exports. The term arms is defined as including biological weapons. Also restricts the provision of technical advice, assistance and training to Libya. Outlines punishments for violating the Order.
The Environmental Protection Act (c.43), 1 November 1990   Prohibits any person from importing or acquiring, releasing or marketing any genetically modified organisms unless, they have first carried out an environmental risk assessment and as required as given the Secretary of State notice of intended activities.
Biological Weapons Act, 1974   This Act prohibits the development, production, acquisition and possession of certain biological agents and toxins and of biological weapons. No person shall develop, produce, stockpile, acquire or retain any biological agent or toxin of a type and in quantity that has no justification for prophylactic, protective or other peaceful purposes or any weapon, equipment or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflicts. Violation of the provisions of this Act will result in life imprisonment.
The Genetically Modified Organisms (Contained use) Regulations No. 63, 2002   Designed to prevent harm to humans or the environment that might stem from work with GMOs. Requires researchers to submit notification of their intended research studies with GMOs prior to beginning research.
The Control of Substances Hazardous to Health Regulations No. 2677, 21 November 2002   Requires employers to carry out a 12-point risk assessment before employees can work with hazardous materials. The employer is to ensure the safe handling, transport and disposal of hazardous substances. Employers must also undertake monitoring and health surveillance and provide training and education for employees. The procedures in case of an accidental release of a biological agent or toxin are outlined. Contains an appendix of Additional Provisions Relating to Working With Biological Agents and another appendix listing biological agents whose use requires notification.
The Genetically Modified Organisms (Deliberate Release) Regulations No. 2443, 25 September 2002   Requires an application for consent to release of GMOs including a risk assessment and introduces requirements for monitoring and response after the release.
The Security of Pathogens and Toxins (Exceptions to Dangerous Substances) Regulations No. 1281, 31 May 2002   Sets out conditions under which substances which would normally be regarded as dangerous substances are not, such as pathogens or toxins in the form of a medical product.
The Dual-use Items (Export Control) Regulations No. 2620, 20 September 2000, Amended 4 March 2003   Provides in its annex the list of dual-use items that require a license for export. Explicitly prohibits export of dual-use items if the exporter has reason to believe they may be intended for use in connection with the ‘development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or missiles’. If asked, exporters must also provide proof that the item reached its stated destination. Outlines the punishment for violating the regulations, including a sentence of not more than 2 years imprisonment.
The Dual-use Items (Export Control) Regulations No. 2620, 20 September 2000, Amended 21 August 2002   Provides in its annex the list of dual-use items that require a license for export. Explicitly prohibits export of dual-use items if the exporter has reason to believe they may be intended for use in connection with the ‘development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or missiles’. If asked, exporters must also provide proof that the item reached its stated destination. Outlines the punishment for violating the regulations, including a sentence of not more than 2 years imprisonment.
The Dual-use Items (Export Control) Regulations No. 2620, 20 September 2000, Amended 14 January 2002   Provides in its annex the list of dual-use items that require a license for export. Explicitly prohibits export of dual-use items if the exporter has reason to believe they may be intended for use in connection with the ‘development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or missiles’. If asked, exporters must also provide proof that the item reached its stated destination. Outlines the punishment for violating the regulations, including a sentence of not more than 2 years imprisonment.
The Dual-use Items (Export Control) Regulations No. 2620, 20 September 2000, Amended 26 April 2001   Provides in its annex the list of dual-use items that require a license for export. Explicitly prohibits export of dual-use items if the exporter has reason to believe they may be intended for use in connection with the ‘development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or missiles’. If asked, exporters must also provide proof that the item reached its stated destination. Outlines the punishment for violating the regulations, including a sentence of not more than 2 years imprisonment.
The Genetically Modified Organisms (Contained use) Regulations No. 2831, 17 October 2000   Regulations designed to protect people and the environment from possible harm stemming from contained use of GMOs. Requires risk assessments be undertaken and notification of intention submitted before any work with GMOs commences. The competent authority must also ensure that an emergency plan is in place. Requires the formation of a genetic modification safety committee to assist in performing a risk assessment. Provides good occupational safety and hygiene and microbiological practices in Schedule 7, in addition to containment and control measures and requires modification of these measures if necessary due to changed circumstances. Also contains provisions for exemptions, enforcement and civil liability.
The Carriage of Dangerous Goods (Classification, Packaging and Labelling) Regulations No. 303, 11 February 1999   Provides amendments to previous regulations.
The Carriage of Dangerous Goods by Rail Regulations No. 2089, 8 August 1996   Requires the operator of a container used for the carriage of dangerous goods to take all necessary precautions to ensure safe transport. Outlines classification, labelling and packaging requirements. Infectious substances are included in the schedule listing materials these regulations are applicable to.
The Carriage of Dangerous Goods and Use of Transportable Pressure Receptacles Regulations No. 2092, 8 August 1996   Requires the operator of a container used for the carriage of dangerous goods to take all necessary precautions to ensure safe transport. Outlines classification, labelling and packaging requirements.
The Carriage of Dangerous Goods by Road No. 2095, 8 August 1996   Requires the operator of a container used for the carriage of dangerous goods by road to take all necessary precautions to ensure safe transport. Outlines classification, labelling and packaging requirements.
The Genetically Modified Organisms (Deliberate Release) Regulations No. 1900, 30 July 1997   Adds a schedule to the 1992 regulations. This contains information to be contained in an application for consent to market GMOs.
The Genetically Modified Organisms (Deliberate Release) Regulations No. 304, 9 February 1995   Amends the 1992 regulations.
The Genetically Modified Organisms (Deliberate Release) Regulations No. 3280, 21 December 1992   Provide for the rules, procedures and applications for the deliberate release of genetically modified organisms.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations No. 3136, 6 December 1995   Outlines the requirements for reporting and notification of injuries, accidents or diseases including loss of consciousness caused by exposure to a biological agent, and acute illness where there is reason to believe it was caused by exposure to a biological agent or its toxins or infected material.
Export Control Act c.28, 24 July 2002   Section 1(Export Controls): Subsection (1) provides the Secretary of State with order-making powers to introduce controls on the export of any goods and to make provision about matters connected with the imposition of export controls. Subsection (3) allows controls to be placed on the export of goods wholly or partly on grounds of the uses or possible uses to which the controlled goods may be put, or because of information obtainable from the goods.Section 2 (Transfer Controls): Subsection (1) provides the Secretary of State with order-making powers to introduce transfer controls on any type of technology and to make provision about matters connected with the imposition of such controls. Subsection (2) defines what is meant by "transfer controls", making it clear that the Secretary of State may prohibit or regulate transfers of technology such as transfers by e-mail, fax and telephone (defined in subsection (6) as the transfer of technology by any means, including by oral communication, other than the export of physical goods). Section 3 (Technical Assistance Controls): Subsection (1) provides the Secretary of State with order-making powers to introduce technical assistance controls on the provision outside the UK of technical assistance of any description and to make provision about matters connected with the imposition of such controls. It is envisaged that the Secretary of State will, for example, use the powers conferred by subsection (1) to make an order prohibiting or regulating the provision outside the EC of technical assistance where the provider of the technical assistance knows or is informed by Government that the activity in question is intended for use in connection with a weapons of mass destruction (WMD) or related missile programme. Subsection (2) defines "technical assistance controls" as the prohibition or regulation of participation in provision of technical assistance outside the UK, and "technical assistance" as services provided, used, or capable of use, in connection with development, production or use of goods or technology. For example, technical assistance might take the form of maintenance of or repairs to equipment used in connection with a weapons of mass destruction programme overseas. Subsection (3) allows controls to be placed on the provision of technical assistance wholly or partly on the grounds of the uses to which the technical assistance itself, or the goods or technology in connection with which it is provided, may be put. Section 4 (Trade Controls): Subsection (1) provides the Secretary of State with order-making powers to introduce trade controls in relation to goods of any description and to make provision about matters connected with the imposition of such controls. It is envisaged that the Secretary of State will use these powers to introduce controls on the acquisition, disposal and movement overseas of certain military and paramilitary equipment which is currently subject to export controls and on any equipment covered by an arms embargo. It is not envisaged that the Secretary of State will use these powers to impose trade controls on the acquisition, disposal or movement of goods where those goods remain within a single overseas country. The Table to the Schedule (Categories of goods, technology and technical assistance) sets out a list of relevant consequences. The Schedule states that export, transfer or technical assistance controls may be imposed in relation to goods and technology the exportation (in the case of goods), transfer (in the case of technology), provision (in the case of technical assistance) or use of which is capable of having a relevant consequence. It also states that trade controls may be imposed in relation to any goods, the acquisition, disposal, movement or use of which is capable of having a relevant consequence.
The Al-Qa'ida and Taliban (United Nations Measures) Order No. 111, 23 January 2002   Gives effect to Resolution 1390, adopted by the Security Council of the United Nations on 16th January 2002. In view of the changing situation in Afghanistan, Resolution 1390 continued, amended or terminated as appropriate certain provisions of Security Council Resolutions 1267, adopted on 15th October 1999, and 1333, adopted on 19th December 2000 which imposed sanctions in relation to Usama bin Laden, the Taliban and the territory of Afghanistan. The effect of Resolution 1390 is to require States to prohibit the delivery or supply of arms and related matériel and the provision of related technical assistance and training to Usama bin Laden, Al-Qa'ida, the Taliban and their associates as designated in a list by the Security Council.
The Al-Qa'ida and Taliban (United Nations Measures) Order No. 111, 23 January 2002, Channel Islands No. 258   Gives effect to Resolution 1390, adopted by the Security Council of the United Nations on 16th January 2002. In view of the changing situation in Afghanistan, Resolution 1390 continued, amended or terminated as appropriate certain provisions of Security Council Resolutions 1267, adopted on 15th October 1999, and 1333, adopted on 19th December 2000 which imposed sanctions in relation to Usama bin Laden, the Taliban and the territory of Afghanistan. The effect of Resolution 1390 is to require States to prohibit the delivery or supply of arms and related matériel and the provision of related technical assistance and training to Usama bin Laden, Al-Qa'ida, the Taliban and their associates as designated in a list by the Security Council.
The Al-Qa'ida and Taliban (United Nations Measures) Order No. 111, 23 January 2002, Overseas Territory No. 266   Gives effect to Resolution 1390, adopted by the Security Council of the United Nations on 16th January 2002. In view of the changing situation in Afghanistan, Resolution 1390 continued, amended or terminated as appropriate certain provisions of Security Council Resolutions 1267, adopted on 15th October 1999, and 1333, adopted on 19th December 2000 which imposed sanctions in relation to Usama bin Laden, the Taliban and the territory of Afghanistan. The effect of Resolution 1390 is to require States to prohibit the delivery or supply of arms and related matériel and the provision of related technical assistance and training to Usama bin Laden, Al-Qa'ida, the Taliban and their associates as designated in a list by the Security Council.
Anti-Terrorism, Crime and Security Act, 14 December 2001   Makes further provisions about terrorism and security to provide for the freezing of assets; to make provision about immigration and asylum; to amend or extend the criminal law and powers for preventing crime and enforcing the law; to make provision about the control of pathogens and toxins; to provide for the retention of communications and data; to provide for implementation of the Title VI of the Treaty on the European union and for connected purposes. Orders that no person shall transfer any biological agent or a) toxin to another person or enter into agreement to do so or b) make arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so. Moreover, a person convicted of an offence under this section of the Act is liable on conviction on indictment to imprisonment for life.
The Afghanistan (United Nations Sanctions) Order No. 396, 14 February 2001   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in its Resolution 1333 of 19th December 2000, on the delivery or supply of arms and related matériel, the provision of related technical assistance and training, and the supply of acetic anydride to Afghanistan. The Order revokes the Afghanistan (United Nations Sanctions) Order 1999. Prohibits the transfer of ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the reference in Schedule 1 to the Export of Goods (Control) Order (1994).
The Afghanistan (United Nations Sanctions) Order No. 396, 14 February 2001, Channel Islands No. 393   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in its Resolution 1333 of 19th December 2000, on the delivery or supply of arms and related matériel, the provision of related technical assistance and training, and the supply of acetic anydride to Afghanistan. The Order revokes the Afghanistan (United Nations Sanctions) Order 1999. Prohibits the transfer of ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the reference in Schedule 1 to the Export of Goods (Control) Order (1994).
The Afghanistan (United Nations Sanctions) Order No. 396, 14 February 2001, Isle of Man No. 394   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in its Resolution 1333 of 19th December 2000, on the delivery or supply of arms and related matériel, the provision of related technical assistance and training, and the supply of acetic anydride to Afghanistan. The Order revokes the Afghanistan (United Nations Sanctions) Order 1999. Prohibits the transfer of ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the reference in Schedule 1 to the Export of Goods (Control) Order (1994).
The Afghanistan (United Nations Sanctions) Order No. 396, 14 February 2001, Overseas Territories No. 392   Imposes restrictions pursuant to a decision of the Security Council of the United Nations in its Resolution 1333 of 19th December 2000, on the delivery or supply of arms and related matériel, the provision of related technical assistance and training, and the supply of acetic anydride to Afghanistan. The Order revokes the Afghanistan (United Nations Sanctions) Order 1999. Prohibits the transfer of ‘goods capable of being used in relation to chemical, biological or nuclear weapons and related missiles’ as per the reference in Schedule 1 to the Export of Goods (Control) Order (1994).
International Criminal Court Act, 2001   Includes, under Schedule 8 (Genocide, Crimes Against Humanity and War Crimes), torture or inhuman treatment including biological experiments.
Terrorism Act (Commencement No. 1) No. 2800, c.80, 10 October 2000   Use of chemical and biological weapons is defined as a terrorist act in Chapter 11, Part VI of the act.
Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations No. 2367, 24 September 1997   Outlines general duties of operators and employers on ships to ensure measures are taken to ensure safe handling, carriage and stowing of dangerous goods. Requires a dangerous goods declaration for any such goods taken on board. Outlines provisions for labelling and packaging of hazardous goods. Outlines enforcement provisions and violation punishment of imprisonment of a term not exceeding two years imprisonment.
Import of Goods (Control) Order, 1954   As amended, covers imports of saxitoxin and ricin preparations.
Medicines Act, 1968  

 

United States of America

   
The Uniting and Strengthening America by Providing Appropriate Tools Required To Intercept and Obstruct Terrorism (Patriot Act), 26 October 2001   Section 221 (Trade Sanctions), amends the Trade Sanctions Reform and Export Enhancement Act of 2002 to include items ‘used to facilitate the design, development, production of chemical or biological weapons, missiles, or weapons of mass destruction.'' Section 411 (Definitions Relating to Terrorism) defines terrorism as including an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training. Section 801 (Terrorist Acts and Other Acts of Violence Against Mass Transportation Systems) of Title 8,amends the US Code to prohibit the placement of any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life;as well as setting fire to, or placing any biological agent or toxin for use as a weapon, destructive substance, or destructive device in, upon, or near any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle or ferry, without previously obtaining the permission of the mass transportation provider, and knowing or having reason to know such activity would likely derail, disable, or wreck a mass transportation vehicle or ferry. Section 803 (Prohibition Against Harbouring Terrorists) prohibits harbouring individuals that are intending to commit a crime relating to biological weapons. Section 817 (Strengthening the Criminal Laws Against Terrorism) amends the US Code to include the offense: Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms `biological agent' and `toxin' do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.'' It also prohibits restricted persons from possessing, shipping or transporting listed agents or toxins.
The Export Administration Act of 2001, H.R. 2581   Reforms and replaces the Export Administration Act of 1979 with a view to controlling dual-use goods and thereby preventing terrorism and weapons proliferation. Emphasizes the importance of multilateral initiatives by encouraging the President to take international efforts to improve the effectiveness of existing regimes and promote the creation of new regimes through such features as a common list of items and countries of concern and harmonization of license procedures, standards and enforcement. Among the risk management processes established by this legislation are the conduct of risk analyses of items under consideration for control; continuous review of the list of items subject to national security controls for potential addition, removal, or update; establishment of a country tier system that assigns items and countries to tiers according to their potential threat to U.S. national security; establishment of an Office of Technical Evaluation to assess, evaluate, and monitor technological and other developments; and targeting of post-shipment verification resources to exports posing the greatest risk to U.S. national security. Narrows the scope of purposes for which foreign policy controls can be imposed, most notably by moving to Title II the authorization to impose export controls to stem the proliferation of weapons of mass destruction, chemical and biological weapons, and the means to deliver them. Sections 504 and 505 reauthorize current chemical and biological weapons control sanctions.
Security Assistance Act of 2000, 6 October 2000   Amends the Foreign Assistance Act of 1961 via Title III (Nonproliferation and Export Control Assistance), The amendment does not impose sanctions; instead it makes assistance available to friendly countries to ultimately "enhance the nonproliferation and export control capabilities...by providing training and equipment to detect, deter, monitor, interdict, and counter proliferation".
Iran Nonproliferation Act of 2000, H.R 1883, 14 March 2000   Requires the President to report bi-annually to Congress to identify every foreign person with respect to whom there is evidence that the person transferred to Iran goods, services or technology the export of which is (1) controlled for non-proliferation reasons and in accordance with international agreements and (2) is not controlled in the country of origin but would be subject to controls in the US. The President may choose not to apply sanctions if s/he determines that (1) the person did not ‘knowingly transfer’ these items, (2) the items did not ‘materially’ contribute to Iran’s efforts to obtain WMD, (3) the person is under the jurisdiction of a country which adheres to ‘one or more relevant nonproliferation regimes’ and his/her actions were consistent with that regime’s guidelines or (4) if the government of jurisdiction has already imposed meaningful penalties. (Sections 2-5).
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, 17 October 1998   TitleXIII (Cooperative Threat Reduction With States of the Former Soviet Union), Requires the Secretary of Defense to submit a report containing an assessment of Russian compliance with international agreements relating to the control of biological weapons (including the BWC and the 1992 Joint Statement on Biological Weapons) and an evaluation of potential political and financial costs of collaborative pathogen research programs under Section 1308. Requires a report on individuals with expertise in weapons of mass destruction in the former Soviet Union Section 1309. Title XIV (Domestic Preparedness for Defense Against Weapons of Mass Destruction Act of 1998) Authorizes the Department of Justice to collect info from state and local jurisdictions to assess the threat and risk of terrorist employment of weapons of mass destruction against cities and other local areas. The Act requires an assessment of domestic response capabilities under Section 1404.
Executive Order No. 13094: Proliferation of Weapons of Mass Destruction, 28 July 1998   Revises Executive Order 12938 (1994) in outlining measures against foreign persons if that person has materially contributed or attempted to contribute to the efforts of any foreign country, project, or entity of proliferation concern to use, acquire, design, develop, produce or stockpile weapons of mass destruction. Prohibits procurement and assistance by the US government and its agencies with individuals affected by this Order and prohibits imports into the US from the affected person or persons.
National Defense Authorization Act for F.Y. 1997, 23 September 1996   Contains Title XIV (Defense Against Weapons of Mass Destruction Act of 1996) which contains provisions for the interdiction of WMD and related materials, the control and disposition of WMD and related materials and the coordination of policy and countermeasures against proliferation of WMD. Urges harsher punishments for those convicted of proliferation activities. Creates the position of National Coordinator on Nonproliferation and a National Security Committee on Nonproliferation to address these issues.
Antiterrorism and Effective Death Penalty Act of 1996, 24 April 1996   Provides for enhanced controls and penalties for violation of restrictions under Title V (Nuclear, Biological, and Chemical Weapons Restrictions, Section 511.
Iran and Libya Sanctions Act, 5 August 1996   Requires the President to impose sanctions on persons found to have exported, transferred, or otherwise provided to Libya any goods, services, technology or other items that contribute to Libya’s ability to acquire chemical, biological or nuclear weapons.
Executive Order No. 12938: Weapons of Mass Destruction, 14 November 1994   Revises Executive Order 12735 (1990). Directs the Secretary of State to cooperate and lead multilateral efforts to stop the proliferation of weapons of mass destruction and their means of delivery. Directs the Secretary of State and of Commerce to use their respective authorities to control any exports not already controlled that they determine would assist in a WMD program. Provides for sanctions against foreign persons in addition to those in existence such that ‘sanctions also shall be imposed on a foreign person with respect to chemical and biological weapons proliferation if the Secretary of State determines that the foreign person knowingly or materially contributed to the efforts of any foreign country, project , or entity to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons. Also provides for similar sanctions against foreign countries, prohibits credit or financial assistance and arms sales to those countries that are suspected of engaging in proliferation related activities.
Iran-Iraq Arms Nonproliferation Act, 23 October 1992   Requires the President to impose sanctions against any person whom he has determined to be engaged in transferring goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq to acquire chemical, biological, nuclear, or destabilizing amounts of conventional weapons. (Sections 1604 and 1605).
Most Favored Nation Trade for Hungary & Czechoslovakia Act, 12 April 1991   Title III (The Chemical and Biological Weapons Control and Warfare Elimination Act 1991), Mandates U.S. sanctions and encourages international sanctions, against countries that use chemical or biological weapons in violation of international law. Section 307 requires the termination of foreign assistance, arms sales, licenses, credits, guarantees and certain exports when it is determined that a country has used or made substantial preparation to use chemical or biological warfare.Two versions of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 were enacted. Title V of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1992 (P.L. 102-138) enacted the first. Later this Act (PL102-182) repealed the first version and enacted a new Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.
Iraq Sanctions Act of 1990, 5 November 1990   Section 586G, Prohibits the US from engaging in the export of control list goods and technologies to Iraq. Section 586I, Prohibits the export licensing of supercomputers to any government or its officials that the President finds is assisting Iraq in improving its rocket technology or chemical, biological or nuclear capabilities.
Executive Order No. 12735: Chemical and Biological Weapons Proliferation, 16 November 1990   Directs the Secretary of State to cooperate and lead multilateral efforts to stop the proliferation of chemical and biological weapons.. Directs the Secretary of State and of Commerce to use their respective authorities to control any exports not already controlled that they determine would assist in CBW programs. Provides for sanctions against foreign persons in addition to those in existence such that ‘sanctions also shall be imposed on a foreign person with respect to chemical and biological weapons proliferation if the Secretary of State determines that the foreign person knowingly or materially contributed to the efforts of any foreign country, project, or entity to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons. Also provides for similar sanctions against foreign countries, prohibits credit or financial assistance and arms sales to those countries that are suspected of engaging in proliferation related activities.
Biological Weapons Anti-Terrorism Act of 1989, 22 May 1990   Declared purpose is to implement the BWC and prevent BW terrorism. Amends the Federal criminal code to impose criminal penalties upon anyone who knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon or assists a foreign state or any organization to do so. Provides for extraterritorial Federal jurisdiction over an offense committed by or against a U.S. national. Authorizes the Attorney General to request the issuance of a warrant authorizing the seizure of any such agent, toxin, or delivery system that exists by reason of conduct prohibited under this Act or that is of a type or in a quantity that has no apparent justification for prohylactic, protective, or other peaceful purposes. Authorizes the seizure and destruction of such an agent, toxin, or delivery system upon probable cause without a warrant in exigent circumstances. Establishes as an affirmative defense against forfeiture that such agent, toxin, or delivery system is for a peaceful purpose and is of a type or quantity reasonable for that purpose. Authorizes the United States to obtain an injunction against conduct prohibited by this Act. Authorizes the interception of wire, oral, or electronic communications related to biological weapons offenses under specified conditions.
The Public Health Security and Bioterrorism Preparedness and Response Act, H.R.3448, 12 June 2002   Enhances federal and state efforts to prepare for and respond to the threat of bioterrorism and other public health emergencies. Title II ‘Enhancing Controls on Dangerous Biological Agents and Toxins’ contains a number of relevant provisions with reference to regulation by both the Department of Health and Human Services and the Department of Agriculture. These main provisions include requirements for establishing and maintaining a list of agents and toxins which could possibly pose a threat, the establishment and enforcement of new safety procedures for the transfer of listed agents, the establishment of a national database of ‘registered persons, the listed agents and toxins such persons are possessing, using or transferring, and information regarding the characterization of such agents and toxins’ and new safeguard and security requirements for registered persons. Also contains provisions for exemptions to the regulations in the case of ‘overlap’ agents and toxins. Title II also contains a list of criminal penalties regarding certain agents and toxins such as a fine or imprisonment up to 5 years for the transfer of select agents to unregistered persons.Other relevant sections of the Act include those relating to improving the ability of the Centers for Disease Control and Prevention and disease quarantine provisions as well as surveillance of zoonotic diseases and biosecurity updgrades at the Department of Agriculture.
Export Administration Act, 29 September 1979   Authorizes the executive branch to regulate private sector exports of particular goods and technology to other countries. The EAA coordinates such actions with other foreign policy considerations, including non-proliferation, and determines eligibility of recipients for exports. Section 11 C (Chemical and Biological Weapons Proliferation Sanctions; 50 U.S.C. app. 2410c) Authorizes the President to apply procurement and import sanctions against foreign persons that he determines knowingly contribute to the use, development, production, stockpile, or acquisition of chemical or biological weapons by exporting goods or technology from the United States or any other country.
Arms Export Control Act, 22 October 1968   Authorizes US government military sales, loans, leases and financing and licensing of commercial arms sales to other countries.Section 40 (Transactions With Countries Supporting International Acts of Terrorism; 22 U.S.C. 2780) Prohibits exporting or otherwise providing munitions, providing financial assistance to facilitate transfer of munitions, granting eligibility status for such transfers, issuing licenses for such transfers, or otherwise facilitating the acquisition of munitions to a country the government of which ‘has repeatedly provided support for acts of international terrorism’. International terrorism is defined as ‘all activities that the Secretary [of State] determines wilfully aid or abet…the efforts of an individual or group to use, develop, produce, stockpile or otherwise acquire chemical, biological or radiological weapons. Section 81 ([CBW] Sanctions Against Foreign Persons; 22 U.S.C. 2798) Requires imposition of sanctions to deny government procurement, contracts with the U.S. government, and imports from foreign persons who knowingly and materially contribute, through exports from the United States or another country, or through other transactions, to foreign efforts to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons. Foreign persons are sanctionable if the recipient country has used chemical or biological weapons in violation of international law or has made preparations to engage in such violations.
Foreign Assistance Act, 4 September 1961   Authorizes U.S. government foreign aid programs. Section 498(b) (Criteria for Assistance to Governments of the Independent States; 22 U.S.C. 2295a(b)) Requires the President not to provide assistance to independent states of the former Soviet Union if he determines that (1) the country has failed to implement arms control obligations signed by the former Soviet Union and (2) that the country has knowing transferred ‘any material, equipment, or technology that would contribute significantly to the ability of a country to manufacture any weapon of mass destruction.’ See also Chapter 9 in this Act, relating to "Nonproliferation and Export Control Assistance," added by Section 301 of the Security Assistance Act of 2000. This chapter does not impose sanctions; instead it makes assistance available to friendly countries to ultimately "enhance the nonproliferation and export control capabilities...by providing training and equipment to detect, deter, monitor, interdict, and counter proliferation".
US CodeTitle 18 (Crimes and Criminal Procedures), Chapter 10 (Biological Weapons)   Sections 175-178 Details prohibitions regarding biological weapons (175), regulates possession by restricted persons (175b), provides the Attorney General with search and seizure authorization where violation of prohibitions is suspected (176), provides the foundation for seeking an injunction against conduct that violates the prohibitions (177), and defines the term ‘biological agent (178).
US CodeTitle 18 (Crimes and Criminal Procedures), Chapter 113B (Terrorism)   Section 2332a (Use of Certain Weapons of Mass Destruction) Makes it an offense to use, threaten to use, attempt or conspire to use certain weapons of mass destruction, including ‘any biological agents, toxin or vector’ against a national of the United States or within the United States. One found to have used WMD in such a way “shall be imprisoned for any term of years to life, and if death results, shall be punished by death or imprisoned for any term of years or for life”.Title 22 (Foreign Relations and Intercourse), Chapter 65 (Control and Elimination of Chemical and Biological Weapons)
US Code Title 22 (Foreign Relations and Intercourse), Chapter 65 (Control and Elimination of Chemical and Biological Weapons   Sections 5601-5604, Mandates US sanctions and encourages international sanctions against countries that use CBW or aid in the proliferation of CBW. Also supports multilaterally coordinated non-proliferation efforts, urges close continued cooperation with the Australia Group and requires Presidential reports on efforts that threaten US interests or regional stability by Iran, Iraq, Syria, Libya, and others to acquire the materials and technology to develop, produce, stockpile, deliver, transfer or use weapons of mass destruction.
US Code Title 50 (War and National Defense), Chapter 40 (Defense Against Weapons of Mass Destruction)   Sections 2311-2352 and 2366-2367 outline response measures, actions to increase civilian expertise, procurement of detection equipment, the establishment of the national coordinator of non-proliferation position and the National Security Council Committee on Nonproliferation in addition to a section outlining the ‘sense of Congress’ concerning criminal penalties.
Interstate Shipment of Etiologic Agents Regulations, Office of Health and Safety, 9 March 1995   Provides regulations for the transport and packaging of etiologic agents.
Hazardous Materials Regulations, Department of Transport   Provides regulations for the transport of hazardous materials by rail, aircraft, vessel, public highway, tank car. Also provides regulations for general shipping and packaging of hazardous materials.
The International Traffic in Arms Regulations (ITAR)   Includes the US Munitions List and regulations regarding licensing of export of defense articles and technical data. Outlines policy for determining defense articles and services.
The United States Postal Service Mailability of Etiologic Agents Regulations   Describes the standards, restrictions and prohibitions for mailing hazardous materials. It also provides information on package markings, shipping papers and warning labels.
Enhanced Proliferation Control Initiative (EPCI)   A document for all ‘registered users’ outside of North America which certifies that the commodities and technical data being purchased will not be used directly or indirectly in ‘designing, assisting in the design of, constructing, fabricating, furnishing or modifying equipment for the fabrication of chemical or biological weapons, chemical precursors, viruses, viroids, bacteria, fungi, or protozoa.
Biosafety in Microbiological and Biomedical Laboratories, Office of Health and Safety, 4th Edition 1999   Outlines principles of biosafety, procedures, risk assessment guidelines designed to ensure safe practices, procedures and facilities.

 

Uzbekistan

   
Law of 14 December 1998   Establishes an Uzbek national authority on implementation of the Biological Weapons Convention.
Law No. 82-II on the Entry of Amendments and Additions to Some Legislative Norms of the Republic of Uzbekistan, 26 May 2000   Supplements the Criminal Code of Uzbekistan with Article 255-1 as follows: ‘Development, production, stockpiling, acquisition, transfer, storage, unlawful seizure, and other activities pertaining to bacteriological, chemical and other types of weapons of mass destruction prohibited under treaties subscribed to by Uzbekistan is punishable with a custodial sentence of 5 to 8 years with confiscation of property. If the activities cause loss of human life or other grave consequences they will be punishable by a custodial sentence of 8 to 15 years with confiscation of property.’

 

Viet Nam

   
Decision of the Minister of Trade No.238/TM/XNK, 24 March 1994  
Customs Law, September 2001  
Decision of the Minister of Trade No. 96/TM-XNK, 14 February 1995   Promulgates a list of goods prohibited to import or export including arms, ammunition, explosive materials, military techniques equipment and effects and toxic chemicals.

 

Zimbabwe

   
Statutory Instruct on Biosafety Regulation, 2000  
Biosafety Guidelines and Procedures