icpo — interpolfile/bwc_msp_2007_mx_interpol-070821-pm.pdf · icpo — interpol the...

ICPO — INTERPOLThe Biocriminalization Project

Adrian BaciuCo-ordinator, Bioterrorism Prevention Programme

BWC Experts Meeting, Geneva, 20-24 Aug. 2007

Why a Biocriminalization Project?Why a Biocriminalization Project?

In many countries, criminal justice systems are In many countries, criminal justice systems are constrained by inadequate legal frameworks governing the constrained by inadequate legal frameworks governing the detection and repression of biodetection and repression of bio--weapons. weapons.

Frequently, no law is violated until the disease or Frequently, no law is violated until the disease or biological agent is actually deployed. biological agent is actually deployed.

Law enforcement officers are therefore unable to begin Law enforcement officers are therefore unable to begin preliminary investigations into the development of such preliminary investigations into the development of such weapons. weapons.

Without laws which criminalise activity relating to bioWithout laws which criminalise activity relating to bio--weapons, there is no basis for legal assistance or coweapons, there is no basis for legal assistance or co--operation to prevent their production and transport.operation to prevent their production and transport.

Objective 1Objective 1: To collect, consolidate and analyze legislative data related t: To collect, consolidate and analyze legislative data related to o preventing the misuse of biological agents and toxinspreventing the misuse of biological agents and toxinsObjective 2Objective 2: To define assessment criteria and other database : To define assessment criteria and other database requirementsrequirementsObjective 3Objective 3: To construct a database to identify the results of data : To construct a database to identify the results of data collection and consolidationcollection and consolidationObjective 4Objective 4: To enter assessment results into the database: To enter assessment results into the databaseObjective 5Objective 5: To identify nations that have enacted adequate criminal : To identify nations that have enacted adequate criminal legislation against biological weapons and those that have not ylegislation against biological weapons and those that have not yet taken et taken such measuressuch measuresObjective 6Objective 6: To provide assistance, as necessary, for the development of : To provide assistance, as necessary, for the development of draft model legislationdraft model legislationObjective 7Objective 7: To identify priority countries in need of assistance for : To identify priority countries in need of assistance for strengthening laws that outlaw biological weapons activities andstrengthening laws that outlaw biological weapons activities and provide provide such assistance to the priority countries.such assistance to the priority countries.

Some statistics (out of Some statistics (out of 2828 surveys)surveys)……Existing legislative measures for Existing legislative measures for ––

Definitions:Definitions:

Less than 15% of the surveyed countries have Less than 15% of the surveyed countries have definitions for biological agent, toxin, or biological definitions for biological agent, toxin, or biological weaponweapon

Some statisticsSome statistics……

Offences and penalties:Offences and penalties:Some 1/3 of the surveyed countries criminalize the Some 1/3 of the surveyed countries criminalize the development, acquisition, stockpiling / storage, development, acquisition, stockpiling / storage, possession / retention, transfer, transport and use of possession / retention, transfer, transport and use of biological weapons, as well as engaging in activities biological weapons, as well as engaging in activities involving agents or toxins without authorizationinvolving agents or toxins without authorizationOver 40% prohibit the manufacture of biological Over 40% prohibit the manufacture of biological weapons and the transfer of agents or toxins without weapons and the transfer of agents or toxins without authorizationauthorizationSome 60% have penalties for legal personsSome 60% have penalties for legal persons


Preparations to commit offences involving Preparations to commit offences involving agents and toxins:agents and toxins:

Half of the surveyed countries criminalize attemptsHalf of the surveyed countries criminalize attemptsA quarter criminalize financingA quarter criminalize financing14% criminalize threats14% criminalize threats


Jurisdiction:Jurisdiction:

Over 60% of the surveyed countries have explicit Over 60% of the surveyed countries have explicit jurisdiction over offences committed in their territory jurisdiction over offences committed in their territory or by their nationalsor by their nationalsOver 40% can exercise extraterritorial jurisdiction or Over 40% can exercise extraterritorial jurisdiction or jurisdiction over offences committed with the intent jurisdiction over offences committed with the intent to harm the State or their nationalsto harm the State or their nationals


Preventative measures:Preventative measures:

A quarter of the surveyed countries have control lists A quarter of the surveyed countries have control lists for dangerous agents and toxinsfor dangerous agents and toxins11% have control lists for dual11% have control lists for dual--use equipment and use equipment and technologytechnology77--11% have measures and penalties on accounting 11% have measures and penalties on accounting for and securing production, use, storage and for and securing production, use, storage and transport of dangerous agents and toxinstransport of dangerous agents and toxins


Preventative measures:Preventative measures:1 surveyed country has physical protection 1 surveyed country has physical protection measures in placemeasures in place1/3 require authorization for activities involving 1/3 require authorization for activities involving dangerous agents and toxinsdangerous agents and toxinsSome 20% have a national licensing authority and Some 20% have a national licensing authority and require transporters to have a licenserequire transporters to have a licenseOver 1/3 regulate genetic engineering or have other Over 1/3 regulate genetic engineering or have other biosafety/security measures biosafety/security measures


Transfer controls:Transfer controls:Nearly Nearly ½½ of the surveyed countries must authorize transfers of the surveyed countries must authorize transfers of dangerous agents and toxins, and have an export/import of dangerous agents and toxins, and have an export/import control authority and other enforcement agenciescontrol authority and other enforcement agenciesA quarter or more have endA quarter or more have end--user, transit, and reuser, transit, and re--export export controlscontrols1111--18% have catch18% have catch--all clauses and transall clauses and trans--shipment controls, shipment controls, or cover intangible transfers or brokeringor cover intangible transfers or brokeringOver half have export controls in place and over 70% import Over half have export controls in place and over 70% import controlscontrols


Enforcement:Enforcement:Over 40% of surveyed countries have measures enabling Over 40% of surveyed countries have measures enabling investigations or prosecutionsinvestigations or prosecutionsA quarter or less have measures enabling inspections or A quarter or less have measures enabling inspections or surveillancesurveillance7% have intelligence gathering measures in place7% have intelligence gathering measures in place64% have entry/warrant/seizure measures64% have entry/warrant/seizure measures1/3 have evidence collecting and sampling provisions1/3 have evidence collecting and sampling provisionsA quarter promote coA quarter promote co--operation with public health and other operation with public health and other officials, and protect confidential informationofficials, and protect confidential informationHalf promote legal coHalf promote legal co--operation and international assistance operation and international assistance

Point of contact for Bioterrorism Prevention Point of contact for Bioterrorism Prevention ProgrammeProgramme::

Adrian BACIU, CoAdrian BACIU, Co--ordinatorordinator

T: +33 4 72 44 74 15 T: +33 4 72 44 74 15 F: +33 4 72 44 57 20F: +33 4 72 44 57 20E: E: [email protected]@interpol.int

Point of contact for Biocriminalization: Point of contact for Biocriminalization:

Scott SPENCE, Biocriminalization Project Manager Scott SPENCE, Biocriminalization Project Manager

T: +33 4 72 44 57 84T: +33 4 72 44 57 84F: +33 4 72 44 57 20F: +33 4 72 44 57 20E: E: [email protected]@interpol.int

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