Structure and Implementation of United States Biological Export Control Policy

Treaties governing the proliferation of weapons of mass destruction in general, and biological weapons specifically, derive their value from the norms set forth in their articles. They provide a common starting point for signatory nations as they traverse the complex world of dual-use technologies and transfer of potentially dangerous materials. Treaties, however, are not enforceable regulations. Such regulations are developed separately, and are codified into law by the controlling authorities within national governments. This review will analyze the structure, implementation and administration of the United States’ export controls related to biological weapons; it will evaluate the U.S. government’s work with like-minded governments to harmonize regulations to achieve a common goal of stopping the proliferation of biological weapons. Further, the shortcomings of current policy in this area will be examined and recommendations for improvement will be offered. A review of the literature revealed surprisingly little academic research in the area of Biological Export Control regimes, and their effectiveness from a policy standpoint. This review seeks to add to and broaden the policy discussion in this important area.