November 1, 2001 New York Times

BIOTERROR TREATY U.S. Seeks Changes in Germ War Pact By JUDITH MILLER WASHINGTON, Oct. 31 — In the wake of anthrax attacks that have killed 4 and sickened some 12 others, the Bush administration is discussing new proposals with its allies that would make it a crime for individuals to buy, build or acquire a biological weapon for terrorist attacks.

The proposals, intended to strengthen the 1972 treaty banning germ weapons, abandon a previous approach favored by many other countries that sought to require treaty members to create a new international organization to conduct mandatory inspections of plants in which germ weapons could be made.

The administration opposed that approach, maintaining that it would have provided a false sense of security. Officials said the previous approach could not have been verified and countries determined to cheat would still have been able to do so.

Instead, the United States wants governments that have signed the treaty to pledge to open their countries to international investigations of suspicious outbreaks, according to a summary of the administration's proposal, the details of which have not been publicly disclosed.

The White House is expected to discuss the measure soon, possibly as early as Thursday.

Administration officials said the recent anthrax terrorism in the United States was helping to convince American allies of the advantages of the administration's approach.

"We strongly believe in the importance of the Biological Weapons Convention and the need to strengthen it," a senior administration official said. "But the anthrax attacks against Americans show that a treaty is not the be-all and end-all to stopping the spread of biological weapons or preventing and dealing with germ attacks."

The official said the attacks showed that "access to enough Cipro also matters, and so do epidemiological investigations and punishing the people who did this."

Donald H. Mahley, the American representative to the protracted international talks in Geneva aimed at strengthening the treaty, and Avis T. Bohlen, assistant secretary of state for arms control, discussed the proposals with key legislators on Capitol Hill last month and with key European allies last week. This week Ambassador Mahley is discussing the package with Japan and Australia.

The administration said that its ideas had been well received by several allies and that Britain had produced a list of suggestions for building on the American approach.

Two veteran European diplomats interviewed today confirmed that their governments were ready to work with the measures proposed by the administration. But both added that they still preferred the more sweeping approach that the administration rejected last summer and hoped that the White House would eventually endorse more of it.

"We are ready and willing to work with the Americans to bridge the gaps," said one of the diplomats. "But we hope this is only a first step and that it opens the door to more sweeping multilateral measures."

Arms control groups voiced similar reservations. "This is a good start," said Daryl Kimball, director of the Washington-based Arms Control Association. "But it doesn't do what the draft agreement that the administration rejected would have done."

Critics at home and abroad argued last summer that the White House's rejection of that proposed agreement, known as a protocol, showed that it was concentrating too much on new military programs and not enough on international treaties and prevention of the spread of weapons.

An interagency review within the administration had unanimously concluded that the protocol would have granted foreign inspectors too much access to American installations and companies.

The 1972 treaty, which 143 nations have ratified, prohibits the development, production and possession of biological weapons. But the treaty has always lacked a means of verifying compliance. The administration's rejection of the draft agreement last summer effectively torpedoed its prospects. Countries that have signed the treaty are to meet again to discuss ways of strengthening it in Geneva on Nov. 19.

The administration's new package, among other things, would require governments that have signed the accord to pass laws to criminalize violations of the treaty by individuals and to make violators subject to extradition. It would also, according to the summary, require signers to "adopt and implement strict regulations for access to particularly dangerous micro-organisms," and report "any releases or adverse events that could impact other countries."

Countries would also have to "sensitize scientists to the risks of genetic engineering" and "explore national oversight of high-risk experiments." Additionally, they would have to adopt a "code of conduct" for scientists working with dangerous germs, and enforce "strict biosafety procedures" for all germ research.

Another provision would require signatories to "accept international expert inspectors" if the United Nations secretary general decided that they should be sent, and create procedures for "international investigations of suspicious disease outbreaks" or alleged treaty violations.

The administration would also like to set up a "voluntary" mechanism for "clarifying and resolving compliance concerns by mutual consent." That would include exchanges of information, visits or other procedures.

Several critics noted that these procedures fall short of the inspections of suspected so-called dual use facilities long favored by many arms control advocates. The lack of mandatory inspections is troubling, one diplomat said.

Seth Brugger, managing editor of the Arms Control Association monthly, also said his group felt that creating a professional group of inspectors would help give the treaty teeth.

The administration has rejected both measures.

Col. David R. Franz, the former commander of the Army biological lab at Fort Detrick, who has inspected suspect installations in Iraq and Russia, said he felt the administration's approach would accomplish more than a mandatory enforcement scheme.

Officials said the Administration had not yet shared its proposals with Russia, a new ally in its war against terrorism.

-- Anonymous, October 31, 2001

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-- Anonymous, October 31, 2001