Working Paper WP.202

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Working Paper by South Africa : Organisation of the Technical Secretariat (WP.202)

The full text of this Working Paper is provided below; this is from the 8th Session of the Ad Hoc Group of States Parties. Please note: the page numbers given are those which appear in the original text; these are shown at the top of the relevant page.

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AD HOC GROUP OF THE STATES PARTIES TO THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION

BWC/AD HOC GROUP/WP.202
8 September 1997

Original: ENGLISH

Eighth session
Geneva, 15 September - 3 October 1997

Working Paper by South Africa

ORGANIZATION OF THE TECHNICAL SECRETARIAT

INTRODUCTION

During the seventh session, the delegation from the Netherlands introduced working paper WP 186, which proposed text concerning "The Organization and Implementational Arrangements". The delegation from South Africa introduced working papers 152, 153 and 160 which dealt with the need for a "Scientific Support Centre", "Laboratory Support System" and "Laboratory Functions". These working papers were included in the rolling text under Article IX: THE ORGANIZATION AND [IMPLEMENTATIONAL ARRANGEMENT].

Given the nature of the text dealing with the powers and functions of the Technical Secretariat, the Scientific Support Centre as well as laboratories necessary to support investigation of non-compliance concerns, it would be necessary to create an additional Annex to the Protocol for the Organization of the Technical Secretariat.

PROPOSAL

It is proposed that the following paragraphs, currently contained in Article IX, be retained as amended:

D. THE [TECHNICAL] SECRETARIAT [(INCLUDING INTERNATIONAL EPIDEMIOLOGICAL NETWORK)] ¹

46. The [Technical] Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, and such scientific, technical, administrative and other personnel as may be required.

[51. Scientific and technical expertise in the [Technical] Secretariat shall be contained in a specialized

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multidisciplinary Scientific Support Centre (SSC). The SSC shall consist of a small permanent staff and an ad hoc panel of experts as well as a system of support laboratories including a small organizational laboratory supported by accredited and local laboratories. The details with regard to the structure of the SSC and the system of support laboratories are set out in Annex [...], paragraph ....

(From 47.) [The paramount consideration in the employment of the staff in the Technical Secretariat and in the determination of the conditions of service shall be the necessity of securing the highest standards of professional expertise, experience, efficiency, competence and integrity] [, on equitable geographical distribution]. Only citizens of States Parties shall serve as the Director-General, members of the SSC or the clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to the minimum necessary for the proper discharge of the responsibilities of the [Technical] Secretariat.

37. The [Technical] Secretariat shall assist States Parties in the implementation of this Protocol. The [Technical] Secretariat shall assist the Conference and [the Executive Council] in the performance of their functions. The [Technical] Secretariat shall carry out the [verification] [investigation] measures and the scientific and technological exchange and technical cooperation activities and measures provided for in Annex [..]. It shall carry out the other functions entrusted to it by this Protocol, as well as those functions delegated to it by the Conference or [the Executive Council] in accordance with this Protocol. The details [with regard to the functions of the [Technical] Secretariat, the SSC and the system of support laboratories are set out in Annex [..], paragraph ....

49. In the performance of their duties, the Director-General, [members of the Scientific Support Centre,] the [inspectors] [investigators], the [inspection] [investigation] assistants and [other] [the] members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect adversely on their positions as international officers responsible only to the Organization. The Director-General shall assume responsibility for the activities of an investigation team.

50. Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, [the Scientific Support Centre,] the [inspectors] [investigators], the [inspection] [investigation] assistants and the members of the staff and shall not seek to influence them in the discharge of their responsibilities.

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43. All requests and notifications by States Parties to the Organization shall be transmitted through their National Authorities to the Director-General. Requests and notifications shall be in one of the official languages of this Protocol. In response the Director-General shall use the language of the transmitted request or notification

44. With respect to the responsibilities of the [Technical] Secretariat for preparing and submitting to [the Executive Council] the draft programme and budget of the Organization, the [Technical] Secretariat shall determine and maintain a clear accounting of all costs for each of the activities of the Organization.

45. The [Technical] Secretariat shall promptly inform [the Executive Council] of any problems that have arisen with regard to the discharge of its functions that have come to its notice in the performance of its activities and that it has been unable to resolve through consultations with the State Party concerned.

NEW ANNEX ON THE TECHNICAL SECRETARIAT

It is proposed that the following text, drawing from the text currently under Article IX be moved to a new Annex on "The Organization".

ANNEX ...: THE TECHNICAL SECRETARIAT

A. STRUCTURE

The Director-General

1. (From 46.) The Director-General shall be appointed by the Conference upon the recommendation of [the Executive Council] for a term of four years, renewable for only one further term.

Scientific Support Centre

Permanent staff

2. The Scientific Support Centre shall consist of a small permanent staff component which may be adjusted by the Director-General upon approval by the Executive Council, depending on the demands and workload which may develop with time. Staff numbers shall be kept to the minimum, provided that the required skills are provided and that continuity is maintained. The Director-General may redefine the posts and skills which are necessary to perform the functions of the SSC.

3. The Head of the SSC shall be appointed by the Director-General and shall be scientifically well qualified with sufficient experience to manage the Centre in a cost effective

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manner. The Head of the SSC shall be responsible for selection and management of staff and to make presentations to international and national bodies. The head of the SSC shall liaise with other international organizations such as the WHO, FAO, OAE, and establish links to create an international epidemiological network. The Head of the SSC shall report to the [Director-General][Organization].

4. The permanent staff component shall comprise of scientists and technical support staff nominated by States Parties and appointed by the Director-General with knowledge of and experience in, inter alia, the following disciplines :

Scientists:

(a) Medical and veterinary microbiology, pathology and toxicology;
(b) Medical and veterinary infectious diseases;
(c) Medical and veterinary epidemiology;
(d) Plant virology, pathology, entomology, phytobacteriology;
(e) Biological weapons;
(f) Bio-production technology;
(g) Microbial genetics and DNA identification techniques.

Technical support staff:

(a) Microbiology: sampling, isolation, identification;
(b) Clinical pathology;
(c) Sample preparation and preservation (Biohazard techniques);
(d) Electrophoretic techniques;
(e) Data storage & analysis;
(f) Cartographic analysis;
(g) Computer and other communications systems;
(h) Laboratory management and documentation;
(i) Immunological techniques.

Part time staff

5. The part time staff component of the SSC shall consist of a panel of experts nominated by States Parties from which investigators and investigation assistants shall be selected in accordance with the provisions and procedures set out in Article III and Annex D.

6. State Parties may nominate to the Director-General, suitably qualified and experienced experts in, inter alia, the following fields which would be made available to serve on the panel of experts on a part time basis:

(a) Medical and veterinary infectious diseases;
(b) Medical and veterinary epidemiology, microbiology, virology, pathology, toxicology, toxinology and immunology;

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(c) Plant microbiology, virology, pathology, phytobacteriology and mycology;
(d) Invertebrate biosystematics;
(e) Biological weapons ;
(f) Aerobiology;
(g) Interpreters;
(h) Advisors on cultural background of the area to be investigated.

Laboratories

7. A system of support laboratories, including organizational, local and accredited laboratories shall provide the necessary laboratory functions in support of the activities of the Scientific Support Centre :

Organization Laboratory

8. A small laboratory, as part of the Scientific Support Centre, shall be established and maintained by the Organization and shall be capable of performing basic laboratory functions.

9. The laboratory staff shall be drawn from the permanent staff component of the SSC and shall consist of scientist representing the essential medical, veterinary and botanical fields supported by a small staff of experienced, technologists in these fields.

10. The laboratory shall be adequately equipped to conduct its work. A list of laboratory equipment is set out in Appendix [..].

Field laboratory

11. The Scientific Support Centre shall maintain equipment to establish a basic field laboratory that may be used during an investigation in the field, to do necessary basic analyses and testing on site in order to support the investigating team in its work.

12. The field laboratory shall be staffed by personnel from the SSC.

13. The field laboratory shall be adequately equipped with the necessary mobile equipment for use during investigations. A list of mobile laboratory equipment is set out in Appendix [..].

Local laboratories

14. During an investigation, maximum use shall be made of local laboratories to perform, where possible, the necessary analyses and testing.

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Accredited laboratories

15. A number of specialised laboratories within States Parties covering all the necessary laboratory functions (including BL4 facilities) shall be accredited to the Technical Secretariat according to procedures set out in [paragraph ...][Annex ...][Appendix ..]. These laboratories shall conduct all specialised functions which may not be regularly available to the Technical Secretariat. These laboratories may also be utilised as reference laboratories for the Technical Secretariat.

Budget and Administration

[...]

B. FUNCTIONS

Director-General

16. (47). The Director-General shall be responsible to the Conference and [the Executive Council] for the appointment of the staff and for the organization and functioning of the [Technical] Secretariat.

[48. The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph ... . The Director-General shall, in consultation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of the expertise in the particular scientific fields relevant to the implementation of this Convention [and equitable geographical distribution]. The Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. In regard to the above, States Parties may submit lists of experts to the Director-General.]

Scientific Support Centre

17. The functions of the [Technical] Secretariat with regard to [verification of] compliance with the Convention and this Protocol [as performed by the Scientific Support Centre] shall, in accordance with Article III and the Annexes, include, inter alia:

18. Routine and ongoing functions

(a) Receiving and processing of declarations submitted by the States Parties to the Organization in accordance with the provisions of Article III, Part D;

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(b) Receiving, collecting, processing, analysing and storing data and all relevant information relating to the appearance of unusual pathologies or epidemics supplied by States Parties and existing international organizations, such as the WHO, FAO, OIE and OPCW;

(d) Supplying, at the request of the Organization or any State Party, any relevant information drawn up on the basis of collected and processed data, inter alia, to help distinguish pathologies and epidemics deemed to have a natural cause from pathologies and epidemics which might be the result of a violation or attempted violation of the BTWC;

(e) Assisting [the Executive Council] in facilitating consultation and clarification among States Parties;

(f) Provide training and guidance for investigators.

(g) Evaluation for accreditation of specialist laboratories or other research facilities.

(h) Managing the Organizational laboratory including preparation and preservation of samples and reference materials and maintaining the equipment for use in field a laboratory.

(i) Assisting the States Parties through their National Authorities on other issues of [verification under] [implementation of] this Protocol.

(j) (h) Negotiating agreements or arrangements with States Parties, other States and international organizations and concluding, subject to prior approval by [the Executive Council], any such agreements or arrangements relating to [verification] activities with States Parties or other States.

(k) [42. Develop and maintain, subject to approval by [the Executive Council], operational manuals to guide the operation of the various components of the [verification] [compliance] regime, in accordance with Article III and the Annexes. These Manuals shall not constitute integral parts of this Protocol or the Annexes and may be changed by the [Technical] Secretariat subject to approval by [the Executive Council]. The [Technical] Secretariat shall promptly inform the States Parties of any changes in the Operational Manuals.]

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19. Visits and Investigations

(a) (g) Receiving and processing requests for [investigations to address a non-compliance concern][field and facility investigations][challenge inspections];

(b) Making a technical evaluation of information supplied with a request for an investigation of a non-compliance concern and prepare a report to the Director-General for submission to the Executive Council;

(c) Initiate and perform investigations of non-compliance concern in accordance with Article III and Annex D;

(d) Assemble and co-ordinate investigation teams in accordance with Article III and Annex D;

(e) Provide guidance and support for investigation teams

(f) Collect samples of materials which may have a bearing on alleged non-compliance with the BTWC;

(g) Preparation, storage and analysis of samples collected during an investigation;

(h) Analyze samples or arrange for analyses to be carried out in accredited facilities.

(i) [(f) Conducting [[Non-Challenge] [Random] Visits] [and] [Clarification Visits] [Request Visits] [Confidence-Building Visits] [Voluntary Visits] in accordance with the provisions of Article III, Part F and of Annex G;]

20. Reporting

(a) Collate data and prepare evaluations, advice and reports to the Director-General and the Organization.

(b) Prepare and draft expert report of findings of Investigations of non-compliance concerns.

(c) Generate reports on [[Non-Challenge] [Random] Visits] [and] [Clarification Visits] [Request Visits] [Confidence-Building Visits] [Voluntary Visits] in accordance with the provisions of Article III, Part F and of Annex G;]

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Support Laboratories

21. The functions of laboratories in support of investigations of non-compliance concern shall, inter alia, include:

Organization Laboratory functions:

22. The Organization Laboratory shall have the following specific functions:

(a) Prepare and preserve samples and reference materials;

(b) Acquisition of materials which may have a bearing on alleged cases of non-compliance;

(d) Analyze samples or arrange for such analysis to be carried out in accredited facilities;

(e) Collate data and prepare evaluations, advice and reports to the Organization;

(f) Provide and maintain field laboratory facilities for use by investigation teams.

General laboratory functions

23. Depending on the nature of the investigation, organizational, field, local and accredited laboratories used in support of such investigation shall, inter alia, be capable of performing the following functions:

(a) Microbiology

- Bioassay (culture, identification and testing) of live bacteria, protozoa, fungi and viruses.

- Molecular biological and immunological assay to determine the specific identity of a micro-organism or toxin.

- Special capabilities may be necessary to investigate aerosol samples; to detect and identify pathogens in water, soil and plant samples; and to examine possible delivery devices (weapons) and analyze samples from such devices.

(b) Medical and related functions

- Diagnostic functions such as haematology, biochemistry, immunology and microbiology with access to laboratory animals to enable detection and identification of pathogens from body samples in order to make or confirm the diagnosis of the

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disease under investigation. Bacteria, viruses, fungi and toxins must be detected and identified.

- Anatomical/forensic pathology to conduct post mortem examinations and histology to analyze histological samples in order to make or confirm a diagnosis.

- Genetic analysis to investigate the possibility of genetic modification of the suspect organism, or to detect a specific organism in a mixed background.

(d) Biochemistry

- Specialized molecular tests, electron microscopy, toxicology and analytical chemistry.

(e) Biohazard facilities capable of working with highly dangerous pathogens

- Handling highly dangerous and exotic organisms such as haemorrhagic fever viruses ie BL4 ( as defined by WHO).

(f) Veterinary

- The same or similar capabilities as for medical functions (b).

(g) Botanical

- Diagnostic laboratories with the capability to diagnose pathogenic plant viruses, viroids, phytoplasmas, fungi and bacteria by serological, molecular, electron microscopy and biological assays, including, inter alia, host pathogen interactions, indexing and transfer to indicator plants by mechanical grafting and insect vectors. These tests are based on the living pathogens and necessitates the availability of suitable quarantine facilities.

- Equipped to determine of morphological, histological and biochemical characteristics.

- Biosystematics capability for insects, arachnids, nematodes and fungi is a prime requirement for the identification of possible vectors.

- Capable to conduct laboratory work in the field.

- Collect, preserve and dispatch samples for off-site analysis.

- Basic diagnostic work such as serology, microscopy, microbiological and other diagnostic tests.

- Biohazard sample handling.

- Collecting and preparation of munition samples.]

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Scientific and Technological Exchange Functions

24. The functions of the [Technical] Secretariat with regard to scientific and technological exchange and technical cooperation for peaceful purposes shall, in accordance with Article ..., include, inter alia:

(a) Administer the voluntary fund referred to in ...;

[...].

Administrative Functions

25. The functions of the [Technical] Secretariat with respect to administrative matters shall include:

(a) Preparing and submitting to [the Executive Council] the draft programme and budget of the Organization;

(b) Preparing and submitting to [the Executive Council] the draft report of the Organization on the implementation of this Protocol and such other reports as the Conference or [the Executive Council] may request;

(c) Providing administrative and technical support to the Conference, [the Executive Council] and other subsidiary organs;

(d) Addressing and receiving communications on behalf of the Organization relating to the implementation of this Protocol; and

(e) Carrying out the administrative responsibilities related to any agreements between the Organization and other international organizations;

[(f) Implementing training programmes in order to facilitate the Director-General's responsibilities with regard to paragraph ...]

Footnote

1. The view was expressed that there is a need for adjustment in the whole section in case specialized international organizations such as WHO would be entrusted with the verification responsibilities.

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