APPENDIX A

NUCLEAR, BIOLOGICAL, AND CHEMICAL AND CHEMICAL DEFENSE
PLANNING RESPONSIBILITIES, GUIDANCE, AND OPERATIONS
APPENDIX TO AN OPLAN

   ANNEX
     A    Treaty Obligation History
     B    Responsibilities for NBC Defense Planning
     C    Planning Guidance for NBC Defensive Operations
     D    NBC Defense Operations; Riot Control Agents and Herbicides
          Appendix to an Operations Annex

ANNEX A
TO
APPENDIX A

TREATY OBLIGATIONS HISTORY

1. Nuclear Treaties and Agreements. Although the potential use of nuclear weapons remains a viable, strategic deterrent option, treaties and international agreements affect their proliferation, control, and testing. These treaties and agreements range from obligations with environmental and technology transfer considerations and bilateral agreements between the United States and other countries, including the former Soviet Union, which focus on restraining the development of nuclear warheads and launchers, to the Strategic Arms Reduction Treaties (START I and II), which focus on reducing and limiting strategic offensive nuclear arms.

2. Geneva Protocol of 1925. This protocol prohibits the use in war of asphyxiating, poisonous, or other gases and of bacteriological methods of warfare. The prohibition is accepted as part of international law. The language bans the use of chemical weapons in war. Most parties interpret the protocol as a prohibition only of the first use of chemical agents in war. It does not ban the development, production, and stockpiling of these weapons. In 1974, the US Senate gave its advice and consent to the ratification of the Geneva Protocol of 1925 subject to the reservation that the United States would not be bound by the provisions with respect to an enemy state if such state, or any of its allies, fails to respect the prohibitions laid down in the protocol. On 22 January 1975, the President likewise approved the protocol subject to the same reservation. This reservation is the legal basis for the US policy that the United States will not be the first to use chemical weapons in warfare and that the United States may use chemical weapons in retaliation to an enemy's first use of chemical weapons. The protocol entered into force with respect to the United States on 10 April 1975 upon depositing the US ratification with France.

3. Reports to Congress (Public Law 91-121, 19 November 1969). This law directs the Secretary of Defense to submit an annual report to Congress setting forth the amount spent during the preceding year for research, development, testing, and evaluation of all lethal and nonlethal chemical and biological agents. It further mandates that none of the funds authorized to be appropriated by this act may be used for transportation, deployment, storage, disposal, delivery systems, and production of lethal binary chemical munitions unless certain conditions should occur and are so certified by the President to Congress.

4. Presidential Statement on Chemical and Biological Weapons (25 November 1969). This statement reaffirms the renunciation of the first use of chemical weapons and extends the renunciation to the first use of incapacitating chemicals. It also renounces the use of lethal biological agents and weapons and confines biological research to defensive measures such as immunization and safety.

5. Biological Weapons Convention (10 April 1972). Under the terms of the convention, the parties undertake not to develop, produce, stockpile or acquire biological agents or toxins "of types and in quantities that have no justification for prophylactic, protective and other peaceful purposes," as well as weapons and means of delivery.

6. Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents (Executive Order No. 11850, 8 April 1975). This order renounces, as a matter of national policy, first use of herbicides in war except in specified defensive uses and first use of riot control agents in war except in specified defensive military modes to save lives.

7. Department of Defense Authorization Act, 1985 (Public Law No. 98-525, 1984). This law directs that the President establish a "Chemical Warfare Review Commission." Its purpose is to review the overall adequacy of the chemical warfare posture of the United States with particular emphasis on whether the US should produce binary chemical munitions.

8. US-Soviet Chemical Weapons Agreements (1989-90). These agreements, which consist of the 1989 Memorandum of Understanding (MOU) and the Bilateral Destruction Agreement (December 1990), establish the national commitments to the destruction and nonproduction of chemical weapons and measures to facilitate the multilateral convention on banning chemical weapons. The "1989 MOU" or "The Wyoming MOU" was a confidence building measure that was divided into two phases. Phase I, which began in December 1989, included a basic exchange on the size, composition, and location of CW stockpile facilities, as well as reciprocal visits to CW production, storage and destruction sites, and civil chemical industries. Phase II will include a detailed data exchange and a series of inspections. The second agreement, signed 1 June 1990, is known as the "Bilateral Destruction Agreement."

9. Statement by the President on Chemical Weapons Initiative (13 May 1991). This statement commits the United States to the success of the Chemical Weapons Convention (CWC)--a multilateral treaty that bans the production, possession, transfer, and use of chemical weapons. Its salient point was the formal forswearing of chemical weapons use for any reason, including retaliation, against any state, to be effective once the convention enters into force.

10. The Chemical Weapons Convention, 1993. The Chemical Weapons Convention, originally signed by 65 nations in Paris in January 1993, bans the acquisition, development, production, transfer, and use of chemical weapons throughout the world. It also provides for the destruction of all chemical weapons stocks and production facilities within 10 years after the agreement takes effect. Further, it requires the monitoring of national chemical industries to ensure compliance, through both routine and so-called challenge inspections. The convention will take effect for the United States in 1995, if ratified.


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