China: Accession to Biological Weapons Convention

State China
Treaty Biological Weapons Convention
Action Type Accession
Depositary Government of the United States of America
Date 15 November 1984
Note

On February 9, 1973, an instrument of ratification was deposited in the name of the Republic of China.  Effective January 1, 1979, the United States recognized the People’s Republic of China as the sole legal government of China.  The authorities on Taiwan state that they will continue to abide by the provisions of the treaty and the United States regards them as bound by its obligations.
 
The Embassy of the Union of Soviet Socialist Republics made a statement regarding ratification of the Convention by the Republic of China.  A translation of the Embassy’s note, dated October 4, 1973, reads as follows:
 
“The Embassy of the Union of Soviet Socialist Republics refers to the Department of State’s Note dated April 6, 1973, regarding the deposit by a representative of Chiang-Kai-Shek of an instrument of ratification of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, and hereby confirms the position of the Soviet Union regarding the illegality of the above-mentioned act, inasmuch as the Chiang-Kai-Shek clique does not represent anyone and does not have the right to act in the name of China; the government of the Chinese People’s Republic is the sole representative of China.”
 
The United States received a note from the Embassy of the Republic of China, dated December 28, 1973, which reads as follows:
 
“The Ambassador of the Republic of China presents compliments to the Secretary of State and has the honor to acknowledge the receipt of the Secretary’s note, with enclosures, dated November 27, 1973, concerning the deposit of instruments of ratification of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction by Yugoslavia and Cyprus.
“As regards the statement of the Embassy of the Union of Soviet Socialist Republics, the Ambassador wishes to express that the Republic of China is a sovereign state and its Government in exercising its sovereignty has the right to sign and to ratify the Convention.  The said Soviet statement is malicious and invalid and should, therefore, be rejected.
“The Ambassador will appreciate it if the Secretary would be good enough to convey the contents of this note to the Governments concerned.”
 
The instrument of accession by the People’s Republic of China includes statements, a translation of which reads as follows:
 
“Mr. Secretary of State,
 
“I have the honour to inform you that, in compliance with the decision of the Standing Committee of the National People’s Congress, Li Xiannian, President of the People’s Republic of China, has ratified the accession of the People’s Republic of China to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction concluded in Washington, London and Moscow on 10 April 1972.  The Government of the People’s Republic of China states as follows:
 
“1.  The basic spirit of the Convention on the Prohibition of Biological Weapons conforms to China’s consistent position and is conducive to the efforts of the world’s peace-loving countries and peoples in fighting against aggression and maintaining world peace.  China once was one of the victims of biological (bacteriological) weapons.  China has not produced or possessed such weapons and will never do so in the future.  However, the Chinese Government considers that the Convention has its defects.  For instance, it fails to provide in explicit terms for the “prohibition of the use of” biological weapons and the concrete and effective measures for supervision and verification; and it lacks forceful measures of sanctions in the procedure of complaint against instances of violation of the Convention.  It is the hope of the Chinese Government that these defects may be made up or corrected at an appropriate time.
“2.  It is also the hope of the Chinese Government that a convention on complete prohibition and thorough destruction of chemical weapons will soon be concluded.
“3.  The signature and ratification of the Convention by the Taiwan authorities in the name of China on 10 April 1972 and 9 February 1973 are illegal and null and void.
“Please accept, Mr. Secretary of State, the assurances of my highest consideration.”

Other Actions Accession on deposit with London — 15 November 1984
Accession on deposit with Moscow — 15 November 1984