PhRMA/FAS and the BWC:
A joint paper and press release

The following is a joint paper and press release written by representatives of the Pharmaceutical Research and Manufacturers of America (PhRMA) and the Federation of American Scientists (FAS). It has been distributed to US officials and to negotiators of a Protocol to strengthen the Biological Weapons Convention (BWC). PhRMA and FAS have often been thought to stand at opposite poles regarding verification measures for the BWC. However, they have been meeting privately and productively for a number of years to discuss their concerns and to seek means for protecting industry within an effective BWC compliance regime.

The joint paper has gone through a rigorous approval process at both PhRMA and Merck, before release. The willingness of the US pharmaceutical industry to cooperate with the declarations, non-challenge visits and investigations that may be adopted under the Protocol is now clear, provided that the United States agrees to include specific safeguards for industry in legislation to implement the Protocol. FAS concurs with the proposed safeguards and considers them to be appropriate, just and of critical importance for both US industry and the progress of the Protocol.

It should be noted that, in calling for managed access in ALL on-site activities, with the obligation to make every reasonable effort to provide alternate means to satisfy any concerns..., this paper goes beyond the official US position. Once again, US industry shows greater negotiating flexibility than the US government.

Press Release 31 May 2000
Pharmaceutical Research and Manufacturers of America (PhRMA) and Federation of American Scientists (FAS) Agree on Measures to Implement the Biological Weapons Convention Protocol Now under Negotiation in Geneva

The Pharmaceutical Research and Manufacturers of America (PhRMA) Biological Weapons Convention Sub Committee and the Federation of American Scientists (FAS) Working Group on Biological and Toxin Weapons Verification released a joint statement today supporting key elements of a Protocol now under negotiation to strengthen the Biological and Toxin Weapons Convention -- a 1972 treaty which prohibits the possession of these weapons but lacks verification measures. The two groups, whose positions on the Protocol differ in some respects, agree that "managed access should apply to any and all on-site activities." Managed access, developed under the Chemical Weapons Convention, involves negotiation of access within a facility in order to protect proprietary information, with the obligation to make every reasonable effort to find means to answer concerns raised by inspectors. The groups also state that industry's fears concerning possible loss of confidentiality during on-site activities could be reduced by US implementing legislation that includes a number of key provisions. The two groups support five key aspects of US legislation to implement the proposed protocol, including provisions that US industry should:

• participate in the preparation of US government declarations that cover private facilities, and approve them before submission; and
• have the right to make managed access decisions during on-site activities at non-governmental facilities.

The two groups hope that their joint statement will help support a Convention Protocol that will strengthen the prohibitions against the possession and use of biological or toxin weapons. The full text of the statement can be found on the FAS website (www.fas.org) or the PhRMA website (www.phrma.org). For further information contact: Jeff Trewhitt at PhRMA (1-202 835 3464); Dr. Lynn Klotz of FAS (1-617 623 6375) or Dr. Barbara Hatch Rosenberg of FAS (1-914-251-6643).

00-3, issue no. 78

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