5cjxburmr

6.9.1.1 Toxin Weapons. The term toxin refers to poisonous chemical substancesthat are naturally produced by living organisms, and that, if present in the body, produce effectssimilar to disease in the human body. 202 Toxins are not living organisms and thus are notcapable of reproducing themselves and transmissible from one person to another. 203Toxin weapons have been regulated in connection with biological weapons because theyhave been produced in facilities similar to those used for the production of biological agents. 204However, even toxins that are produced synthetically, and not through biological processes, fallwithin these prohibitions. Substances that are classified as “toxins” for the purpose of applyingthe requirements of the Biological Weapons Convention may also be classified as “chemicalweapons” that are subject to the requirements of the Chemical Weapons Convention. 2056.9.2 Biological Weapons – Prohibition on Development, Acquisition, or Retention. It isalso prohibited to develop, produce, stockpile, or otherwise acquire or retain:• microbial or other biological agents, or toxins whatever their origin or method ofproduction, 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 forhostile purposes or in armed conflict. 206202 William P. Rogers, Report of the Secretary of State, Jun. 21, 1972, MESSAGE FROM THE PRESIDENT OF THEUNITED STATES TRANSMITTING THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, ANDSTOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS, AND ON THEIR DESTRUCTION, OPENEDFOR SIGNATURE AT WASHINGTON, LONDON AND MOSCOW ON APRIL 10, 1972, EXECUTIVE Q, 3 (1972) (“Toxins arepoisonous chemical substances which are naturally produced by living organisms and which, if present in the body,produce effects comparable to those of infection by hostile organisms.”).203 Office of the White House Press Secretary, The United States renounces offensive preparations for and the use oftoxins as a method of warfare, Feb. 14, 1970, reprinted in DEPARTMENT OF STATE, FOREIGN RELATIONS OF THEUNITED STATES, 1969-1976, VOLUME E-2, DOCUMENTS ON ARMS CONTROL, 1969-1972, Document 189 (2007)(“Toxins are chemical substances, not living organisms, and are so regarded by the U.N. Secretary General and theWorld Health Organization. Although the effects of some toxins are commonly described as disease, they are notcapable of reproducing themselves and are not, transmissible from one person to another.”).204 Office of the White House Press Secretary, The United States renounces offensive preparations for and the use oftoxins as a method of warfare, Feb. 14, 1970, reprinted in DEPARTMENT OF STATE, FOREIGN RELATIONS OF THEUNITED STATES, 1969-1976, VOLUME E-2, DOCUMENTS ON ARMS CONTROL, 1969-1972, Document 189 (2007)(“However, the production of toxins in any significant quantity would require facilities similar to those needed forthe production of biological agents. If the United States continued to operate such facilities, it would be difficult forothers to know whether they were being used to produce only toxins but not biological agents. Moreover, thoughtoxins of the type useful for military purposes could conceivably be produced by chemical synthesis in the future,the end products would be the same and their effects would be indistinguishable from toxins produced bybacteriological or other biological processes.”).205 Refer to § 6.8.3.1 (Definition of Chemical Weapons).206 BIOLOGICAL WEAPONS CONVENTION art. 1 (“Each State Party to this Convention undertakes never in anycircumstances 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 justification forprophylactic, protective or other peaceful purposes; (2) weapons, equipment or means of delivery designed to usesuch agents or toxins for hostile purposes or in armed conflict.”).351