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

167. Memorandum From the President’s Assistant for National Security Affairs (Scowcroft) to President Ford¹

Washington, December 22, 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.

State has forwarded a proposal whereby all federal agencies would certify to you their compliance with the Biological Weapons Convention (Tab B). Based on these certifications, you would subsequently declare that the U.S. has implemented 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.

State (the Legal Office of State Department is responsible for interpreting U.S. treaty obligations) recommends that the heads of the pertinent departments or agencies be asked to certify to you that as of December 26 (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. An agreed detailed interagency enumeration of the activities to be permitted under the peaceful purposes clause has been developed and is contained in the memorandum at Tab A requesting agency certification.

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

An Executive Order to define and guide future governmental activities and federal legislation concerning application of the Convention to activities of state and local governments and private citizens are being prepared separately by the interested agencies, and will soon be forwarded for your consideration. [You should be aware that until legislation prohibiting private citizens from developing, producing, stockpiling or acquiring biological agents is enacted, the U.S. will not be in full compliance with the Convention. However, such legislation will be proposed very shortly and the action recommended in this memorandum will place the U.S. in substantial compliance.]

The White House Counsel’s office concurs.

Recommendation:

That you approve my signing the memorandum at Tab A.

1. Summary: Scowcroft recommended that Ford certify compliance with Article II of the Biological Weapons Convention prior to the December 26 deadline by approving an attached memorandum.

   Source: Ford Library, White House Central Files, Subject Files, Box 71, ND 19–1, October 1, 1975–December 22, 1975. Confidential. Hyland initialed for Scowcroft. A stamped notation on the first page of the memorandum indicates that Ford saw it. All brackets are in the original. Ford initialed his approval of the recommendation. Tab A, the memorandum signed by Scrowcroft, is attached but not published. Tab B is Document 166.