Revised Laws of Mauritius

B8 – 1 [Issue 1]



BIOLOGICAL AND TOXIN WEAPONS CONVENTION ACT Act 2 of 2004 – 2 October 2004

ARRANGEMENT OF SECTIONS

SECTION 1. Short title 2. Interpretation 3. Convention to have force of law 4. Binding the State 5. Prohibition relating to biological and toxin weapons 6. Search, detention and forfeiture 7. Offences and penalties 8. Jurisdiction 9. Regulations

10. — SCHEDULE



BIOLOGICAL AND TOXIN WEAPONS CONVENTION ACT

1. Short title

This Act may be cited as the Biological and Toxin Weapons Convention Act.

2. Interpretation

In this Act—

"biological agent" means any microbial or other biological agent, what- ever its origin or method of production;

"Convention" means the Convention on the Prohibition of the Develop- ment, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, as set out in the Schedule;

"Minister" means the Minister to whom responsibility for the subject of internal security and defence is assigned;

"toxin" means any toxin, whatever its origin or method of production.

3. Convention to have force of law

The Convention shall have the force of law in Mauritius.

4. Binding the State

This Act shall bind the State.

Biological and Toxin Weapons Convention Act

[Issue 1] B8 – 2

5. Prohibition relating to biological and toxin weapons

(1) No person shall develop, produce, stockpile or otherwise acquire or retain—

(a) any microbial or other biological agent, or toxin, of a type and in a quantity that has no justification for prophylactic, protective or other peaceful purposes;

(b) any weapon, equipment or means of delivery designed to use microbial or other biological agents, or toxins, for hostile pur- poses or in armed conflict.

(2) No person shall transfer any biological agent or toxin to another per- son, where he knows or has reason to believe that the biological agent or toxin is likely to be kept or used otherwise than for prophylactic, protective or other peaceful purposes.

(3) This section shall apply to any act done outside Mauritius by a citizen of Mauritius.

6. Search, detention and forfeiture

(1) A police officer who has reasonable grounds to believe that an of- fence has been, is being or is likely to be committed in breach of this Act, may apply under oath to a Magistrate for a warrant to enter and search any premises and seize any material kept in contravention of this Act.

(2) Where the Magistrate is satisfied upon oath of the police officer and such additional information as he may require to be produced that an offence has been, is being or is likely to be committed in breach of this Act, he may issue the warrant which shall remain valid for one month.

7. Offences and penalties

(1) Any person who contravenes section 5 shall commit an offence and shall, on conviction, be liable to penal servitude.

(2) The Court before which a person is convicted of an offence under subsection (1)—

(a) shall, in addition to any penalty imposed by the Court, order any biological agent or toxin in respect of which the offence was committed, to be forfeited to the State; or

(b) may make such other order for the disposal of the biological agent or toxin as appropriate in the circumstances.

(3) The person from whom the material was seized shall pay to the State such reasonable expenses as may have been incurred for its disposal.

8. Jurisdiction

(1) Notwithstanding—

(a) sections 113 and 114 of the Courts Act;

Revised Laws of Mauritius

B8 – 3 [Issue 1]



(b) section 72 of the District and Intermediate Courts (Criminal Ju- risdiction) Act,

the Intermediate Court shall have jurisdiction to try any offence under this Act and may impose any penalty or make any order provided under this Act.

(2) The Intermediate Court shall have jurisdiction to try an offence under this Act in every case where the act constituting the offence is committed—

(a) in the Republic of Mauritius;

(b) by a citizen of Mauritius, whether the act constituting the of- fence is committed within, or outside, the Republic of Mauritius.

9. Regulations

The Minister may—

(a) make such regulations as he thinks fit for the purposes of this Act,

(b) by regulations, amend the Schedule.

10. —



SCHEDULE [Section 2]

CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND

TOXIN WEAPONS AND ON THEIR DESTRUCTION

The States Parties to this Convention,

Determined to act with a view to achieving effective progress toward gen- eral and complete disarmament, including the prohibition and elimination of all types of weapons of mass destruction, and convinced that the prohibition of the development, production and stockpiling of chemical and bacteriological (biologi- cal) weapons and their elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective control,

Recognising the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925, and conscious also of the contribution which the said Protocol has already made and continues to make, to mitigating the horrors of war,

Re-affirming their adherence to the principles and objectives of that Protocol and calling upon all States to comply strictly with them,

Biological and Toxin Weapons Convention Act

[Issue 1] B8 – 4

Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Geneva Protocol of June 17, 1925,

Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere,

Desiring also to contribute to the realisation of the purposes and principles of the Charter of the United Nations,

Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruc- tion as those using chemical or bacteriological (biological) agents,

Recognising that an agreement on the prohibition of bacteriological (biologi- cal) and toxin weapons represents a first possible step towards the achievement of agreement on effective measures also for the prohibition of the development, production and stockpiling of chemical weapons, and determined to continue negotiations to that end,

Determined, for the sake of all mankind, to exclude completely the possibil- ity of bacteriological (biological) agents and toxins being used as weapons,

Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimise this risk,

Have agreed as follows:

ARTICLE I

Each State Party to this Convention undertakes never in any circumstance to develop, produce, stockpile or otherwise acquire or retain:

(1) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justifi- cation for prophylactic, protective or other peaceful purposes;

(2) weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.

ARTICLE II

Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than 9 months after the en- try into force of the Convention, all agents, toxins, weapons equipment and means of delivery specified in article I of the Convention, which are in its pos- session or under its jurisdiction or control. In implementing the provisions of this article all necessary safety precautions shall be observed to protect populations and the environment.

ARTICLE III

Each State Party to this Convention undertakes not to transfer to any recipi- ent whatsoever, directly or indirectly, and not in any way to assist, encourage,

Revised Laws of Mauritius

B8 – 5 [Issue 1]



or induce any State, group of States or international organisations to manufac- ture or otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery specified in Article I of the Convention.

ARTICLE IV

Each State Party to this Convention shall, in accordance with its constitu- tional processes, take any necessary measures to prohibit and prevent the devel- opment, production, stockpiling, acquisition or retention of the agents, toxins, weapons, equipment and means of delivery specified in Article I of the Conven- tion, within the territory of such State under its jurisdiction or under its control anywhere.

ARTICLE V

The States Parties to this Convention undertake to consult one another and to co-operate in solving any problems which may arise in relation to the objective of, or in the application of the provisions of, the Convention. Consultation and co-operation pursuant to this article may also be undertaken through appropriate international procedures within the framework of the United Nations and in ac- cordance with its Charter.

ARTICLE VI

(1) Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of the Con- vention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council.

(2) Each State Party to this Convention undertakes to co-operate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation.

ARTICLE VII

Each State Party to this Convention undertakes to provide or support assis- tance, in accordance with the United Nations Charter, to any Party to the Con- vention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.

ARTICLE VIII

Nothing in this Convention shall be interpreted as in any way limiting or de- tracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925.

ARTICLE IX

(1) Each State Party to this Convention affirms the recognised objective of effective prohibition of chemical weapons and, to this end, undertakes to con- tinue negotiations in good faith with a view to reaching early agreement on effec- tive measures for the prohibition of their development, production and stockpiling

Biological and Toxin Weapons Convention Act

[Issue 1] B8 – 6

and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes.

ARTICLE X (1) The States Parties to this Convention undertake to facilitate, and have

the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (bio- logical) agents and toxins for peaceful purposes. Parties to the Convention in a position to do so shall also co-operate in contributing individually or together with other States or international organisations to the further development and application of scientific discoveries in the field of bacteriology (biology) for pre- vention of disease, or for other peaceful purposes.

(2) This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international co-operation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (bio- logical) agents and toxins and equipment for the processing, use or production of bacteriological (biological) agent and toxins for peaceful purposes in accordance with the provisions of the Convention.

ARTICLE XI Any State Party may propose amendments to this Convention. Amendments

shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.

ARTICLE XII Five years after the entry into force of this Convention, or earlier if it is re-

quested by a majority of the Parties to the Convention by submitting a proposal to this effect to the Depositary Governments, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of the Convention, with a view to assuring that the purposes of the preamble and the provisions of the Convention, including the provisions concerning negotiations on chemical weapons, are being realised. Such review shall take into account any new scientific and technological developments relevant to the Convention.

ARTICLE XIII (1) This Convention shall be of unlimited duration. (2) Each State Party to this Convention shall in exercising its natural sover-

eignty have the right to withdraw from the Convention if it decides that extraor- dinary events, related to the subject matter of the Convention, have jeopardised the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Convention and to the United Nations Security Coun- cil 3 months in advance. Such notice shall include a statement of the extraordi- nary events it regards as having jeopardised its supreme interests.

ARTICLE XIV (1) This Convention shall be open to all States for signature. Any State

which does not sign the Convention before its entry into force in accordance with paragraph (3) of this Article may accede to it at any time.

Revised Laws of Mauritius

B8 – 7 [Issue 1]



(2) This Convention shall be subject to ratification by signatory States. In- struments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Brit- ain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.

(3) This Convention shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including the Governments designated as Depositaries of the Convention.

(4) For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instrument of ratification or accession.

(5) The Depositary Governments shall promptly inform all signatory and ac- ceding States of the date of each signature, the date of deposit of each instru- ment of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices.

(6) This Convention shall be registered by the Depositary Governments pur- suant to Article 102 of the Charter of the United Nations.

ARTICLE XV This Convention, the English, Russian, French, Spanish and Chinese texts of

which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of the Convention shall be transmitted by the Depositary Governments of the signatory and acceding States.