Brazil ARTICLES I & II. Brazil has never developed, produced, stockpiled or otherwise acquired or retained:

Transcription

1 Brazil ARTICLES I & II Brazil has never developed, produced, stockpiled or otherwise acquired or retained: (1) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; (2) weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict. The prohibitions contained in Articles I and II of the BTWC are essentially prescribed and penalized by the following federal legislation: - Decree nº (01/04/1976): internalized the BTWC; -Federal Constitution of 1988, Article 5, XLIII: "the practice of torture, the illicit traffic of narcotics and related drugs, as well as terrorism, and crimes defined as heinous crimes shall be considered by law as non-bailable and not subject to grace or amnesty, and their principals, agents, and those who omit themselves while being able to avoid such crimes shall be held liable"; - Law nº (16/03/2016): defines terrorism and acts of terrorism; and establishes punishment for terrorist acts, the promotion of terrorism, the preparation of terrorist acts, recruitment and training of terrorists, and terrorist financing; ARTICLE III Brazil has extensive legislation to cover exports of sensitive items and prohibit transfers of the agents, toxins, weapons, equipment or means of delivery specified in Article I of the Convention. The Ministry of Science, Technology, Innovations and Communications (MCTIC) is responsible for implementing export controls of sensitive goods and services. Law nº (10/10/1995) established the Interministerial Commission of Sensitive Goods Export Control (CIBES),

2 composed by the Ministry of Science, Technology, Innovations and Communications; Ministry of Defense; Ministry of Development, Industry and Foreign Trade; Ministry of Economy; Ministry of Justice; and Ministry of Foreign Affairs. The Commission is entitled to propose regulations, criteria, procedure and control mechanisms to be adopted for the export of sensitive goods and services, as well as to develop, update and publicize sensitive items control lists. Since 2007, the Ministry of Science, Technology, Innovation and Communications has regularly organized the "Course for Sensitive Goods Identification", a national training program to raise public officials awareness on implementation of export control mechanisms and monitor transfers of sensitive goods and technologies. The initiative was inspired by the Course Strategic Commodity Identification Training (CIT), created by the US Department of Energy. Until now, 21 courses were organized with a total of 851 participants trained. The target audience is composed by the Customs Agency, Federal Police, Federal Highway Police, Agriculture Surveillance, National Health Surveillance Agency and the Brazilian Environmental Institute. In 2004, Brazil established the National Program of Enterprise-School Integration in the Sensitive Goods Area (Pronabens), a joint initiative by the Brazilian Intelligence Agency and the Ministry of Science, Technology, Innovations and Communications. Its main focus is to raise awareness of industries, research centers, universities and government agencies related to sensitive or dual-use goods, especially by explaining the control guidelines, publicizing the sensitive goods lists, demonstrating the importance of the joint work between government and companies for the fulfillment of international commitments. The following legislation also applies to the Brazilian implementation of Article III: -Law nº (10/10/1995): regulates export of sensitive goods and directly related services and controls assets not listed, but with potential for use in the development and manufacture of mass-destruction

3 weapons ("catch-all control)"; -CIBES Resolution nº 13 (03/10/2010): approves the List of Goods Related to the Biological Area and Directly Linked Services; -Decree nº (04/30/2002): defines the competences of the Interministerial Commission of Sensitive Goods Export Control; -CIBES Resolution nº 21 (07/19/2013): provides the general guidelines and instructions concerning export operations of biological goods and related services; -Decree nº (04/20/2012): execution of UNSC Resolutions nº (2004) and nº (2011). ARTICLE IV Brazil has a national network of National Agriculture Laboratories (Lanagro) - official laboratories of the Ministry of Agriculture, Livestock and Supply - which have a fundamental role in monitoring, controlling and surveillance of production inputs traded and produced in Brazil. This network of laboratories provides valuable information to inspection and supervision services, besides conducting research and cooperation on agriculture and food security. The Lanagros manages official analyses, acts as a national reference in laboratory studies, conducts auditions in registered laboratories and maintains a reference material database. The Lanagro of Minas Gerais has the highest biosecurity level (NB4) to manipulate biological agents (both animal and vegetal). This laboratory handles highly sensitive pathogens and creates protection mechanisms for experiments with biological agents and dual-use toxins. The Ministry of Health also has an active role on BTCW issues through the implementation of the International Health Regulations, especially regarding production of medicines and vaccines, as well as epidemiological surveillance. In recent years, Brazil hosted a number of major sport events, such as the Military World Games in 2011, the Confederations Cup in 2012, the World Cup in 2014 and the Olympic Games in The experience acquired in preparation and response to occurrences related to such events allowed the

4 Ministry of Health to develop a Contingency Plan for Emergency Public Health for Chemical Agents, Biological, Radiological and Nuclear (MH, 2014), the response Plan for Emergencies in Public Health (MH, 2014), the Contingency Plan for Emergency Public Health for Ebola Virus Disease (MH, 2014) and the Integrated Center Action Plan for Joint Health Operations for the Olympic and Paralympic Games (MH, 2016). The Ministry of Defense also played an important role in implementing measures to counter biological threats during major events, including: -Deployment of a mobile laboratory of chemical and biological analyses; - Chemical and biological decontamination of the troops that participated on peacekeeping missions overseas; -Protection of the Pope Benedict XVI visit to Brazil in 2007; -Scanning of Deodoro sports facilities during the 2007 Pan American Games; -Operation Alliance: QBRN scanning of personnel, equipment and facilities during the visit of US President George W. Bush to Brazil (2007); -QBRN scanning on the Integrated Center for Joint Operations (CIOC) and the Operational Control Center (GCop) of the 5th Military World Games (2011). -Total decontamination and QBRN scanning during Pope Francis visit to Brazil during World Youth Day (2013). -Decontamination of airplane and medical team in contact with a patient with suspicious of having Ebola, Galeão Airforce Base (2015). The following legislation complements Brazilian implementation of Article IV: -Law nº (24/03/2005): establishes security norms and surveillance of activities with genetically modified organisms and its derivatives mechanisms; creates the National Biosecurity Council; restructures the National Biosecurity Technical Commission; establishes the Biosecurity National Policy. - Law nº (05/20/2015): regulates access to genetic heritage and the conservation and sustainable use of biodiversity;

5 - Ministry of Health Administrative Act nº (20/10/2010): approves the Biosecurity Technical Norm to Public Health Laboratories; - Ministry of Health Administrative Act nº (28/08/2003): approves the Biosecurity Health Commission (CBS); - Ministry of Health Administrative nº (09/08/2011): approves the Biological Agents Risk Classification. ARTICLE V While fully supporting the provisions of Article V, Brazil is of the view that mutual confidence is essential to assure the integrity of the Convention. Brazil participates annually in the information exchange through the Confidence-Building Measures (CBMs). Since 2010, Brazil has expanded the discussions on Confidence-Building Measures by identifying focal points and educating relevant agencies. ARTICLE VI Brazil has not submitted any complaints to the UN Security Council under Article VI regarding any other State Party acting in breach of obligations deriving from the provisions of the Convention. ARTICLE VII No State Party has requested assistance from Brazil under Article VII, nor has Brazil invoked the provisions of Article VII to receive assistance. Brazil offers humanitarian cooperation to countries facing emergency situations. The Ministry of Health provides humanitarian cooperation through donation of medicines and other health supplies. During the past three years, Brazil donated medical kits to Guinea, Liberia, Sierra Leone, Palestine, Lebanon, Guinea Bissau, Nepal, Dominica and Ecuador. ARTICLE VIII Since 29/08/1970, Brazil is a Party to the Protocol

6 for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, adopted in Geneva on 17 June Brazil ratified the "1925 Geneva Protocol" without any reservations. ARTICLE IX Brazil ratified the Chemical Weapons Convention on 29 April 1997 and established a National Authority to implement the Convention. ARTICLE X The following initiatives were taken in relation to the implementation of Article X: -Cooperation with the United States for the implementation of the Sensitive Goods Identification Course; - Participation in the Latin American Microbiology Congress on "Bioprotection in Brazil" (2012); - Participation in the Latin American Regional Workshop on "Chemical, Biological, Radiological, Nuclear and Explosives Commodity Identification Training" (2013); - Participation in the National Workshop on National Implementation of the Biological Weapons Convention (2013); - Participation in the CIT National Course Development Workshop to discuss implementation of strategies of Sensitive Goods Identification Courses in each country, as well as their systems and export control structures of sensitive goods (2014); - Participation in the Strategic Trade Enforcement Investigations Training (2015); - Participation in Controlled Items Export Training (2016); - Joint training between the Ministry of Defense and the US Consulate in Rio de Janeiro for QBRN preparation to the Olympic Games; - The QBRN Defense Battalion of the Brazilian Army supported the Ministry of Defense of Paraguay during the visit of Pope Francis to Paraguay (2015). The activity represented a milestone in the historic cooperation between the two countries, in combating possible chemical, biological, radiological and

7 nuclear threats. - Biosafety cooperation at the Lanagro Laboratory with Spain, United States, European Union, Russia, Canada, Saudi Arabia, Dominican Republic and Vietnam; ARTICLE XI Brazil has not proposed any amendments to the Convention. ARTICLE XII Brazil is fully committed to monitoring and analyzing the operation of the Convention in order to strengthen its implementation.