Foreign Relations of the United States, 1969–1976, Volume E–14, Part 2, Documents on Arms Control and Nonproliferation, 1973–1976

166. Memorandum From the Deputy Secretary of State (Ingersoll) to the President’s Assistant for National Security Affairs (Scowcroft)¹

Washington, December 10, 1975.

SUBJECT

• United States Compliance with the Biological Weapons Convention

The deadline for compliance with Article II of the Biological Weapons Convention is December 26, 1975. In order to comply the U.S. must destroy or convert to peaceful purposes all biological agents, toxins, and weapons not permitted by the Convention. In addition, steps must be taken to ensure that the future activities of the federal departments and agencies comply with the Convention.

Under the terms of the Convention, the parties undertake not to develop, produce, stockpile, or otherwise acquire or retain: (1) biological agents or toxins of types and in quantities which have no justification for prophylactic, protective, or other peaceful purposes, or (2) weapons or means for delivering such agents for hostile purposes or in armed conflict.

Compliance therefore requires that (1) more precise guidelines be provided government agencies regarding the “prophylactic, protective, or other peaceful purposes” justified but not spelled out by the Convention, and (2) ensuring that all activities involving the use of these materials are consistent with the justifiable purposes and that all such materials on hand are committed solely to these activities.

An agreed detailed interagency enumeration of the activities to be permitted under the peaceful purposes clause has been developed. Judgments as to which types and quantities are appropriate to a specific project must be made on a case-by-case basis. Assurance should therefore be sought from government agencies that all such materials held by them are reserved for the justifiable purposes and that no other use is intended.

The question of federal legislation concerning application of the Convention to activities of state and local governments and private citizens is being separately considered by the interested agencies.

It is recommended that the President approve for the guidance of U.S. Government agencies the enumeration of peaceful purposes attached at Tab 1 and ask the heads of the pertinent departments or agencies to certify to him prior to December 26 that (1) all their departmental activities which retain any biological agents or toxins are being conducted only for the permitted peaceful purposes, (2) the total quantities of biological agents or toxins held are committed or reserved solely to such peaceful activities, and (3) any weapons, equipment, or means of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict have been destroyed or diverted to peaceful purposes, in compliance with the Convention. (Suggested draft letter is attached at Tab 2.)

The letter and the responding departmental certifications would suffice to certify compliance with Article II of the Convention by U.S. Government agencies.

Robert S. Ingersoll

1. Summary: Ingersoll briefed Scowcroft on guidelines for U.S. compliance with Article II of the Biological Weapons Convention and offered recommendations on this matter for President Ford’s approval.

   Source: Ford Library, White House Central Files, Subject Files, Box 71, ND 19–1, December 23, 1975. Unclassified. Tab 1, the undated, interagency enumeration of activities to be permitted under the peaceful purposes clause, entitled “Prophylactic, Protective, or Other Peaceful Purposes,” is attached but not published. Tab 2 is not attached but was attached as Tab A to Document 167.