Non official translation
NATIONAL DOCUMENT CUBA
Eighth Review Conference of the Biological Weapons Convention 2016
DIFFICULTIES AND OBSTACLES FOR THE FULL IMPLEMENTATION BY CUBA OF
ARTICLE X OF THE BWC
The economic, commercial and financial blockade imposed by the United States of
America (hereinafter US) against Cuba remains in force and continue to apply the
prohibitions and restrictions it imposes. During 2015 and 2016, the Departments of
Treasury and Commerce amended some of the regulations of this policy. Although they
constitute positive steps, they are insufficient because of its limited scope.
For Cuba, which has defined the biotechnology sector as one of the pillars of its economic
and scientific development, the blockade significantly affects the implementation of Article
X of the BWC. As a result of this policy, the country faces serious obstacles for
cooperation, assistance and exchange in biological sciences and technology, including
equipment and materials for peaceful purposes.
Why does the economic, commercial and financial blockade imposed by the US
against Cuba constitute a violation of the Biological Weapons Convention?
Unilateral restrictions and extraterritorial laws enforced by the US Government under the
blockade imposed on Cuba, constitute a violation of Article X of the Biological Weapons
Convention, which states that "... The States Parties to this Convention undertake to
facilitate, and have the right to participate in, the fullest possible exchange of equipment,
materials and scientific and technological information for the use of bacteriological
(biological) agents and toxins for peaceful purposes..."
The Convention also states that will be implemented"... in a manner designed to avoid
hampering the economic or technological development of States Parties to the Convention
or international cooperation in the field of peaceful bacteriological (biological) activities
(...)in accordance with the provisions of the Convention.", which does not allow the US
blockade against Cuba.
What specific aspects of the blockade policy hamper the promotion of international
cooperation in the field of biology for peaceful purposes under Article X of the
BWC?1
The US unilateral, economic, commercial and financial blockadethat Cuba has been
subjected for more than 50 years, is made up of a framework of laws and regulations that
1
Data provided in INFORME DE CUBA. Sobre la resolución 70/5 de la Asamblea General de
las Naciones Unidas, titulada “Necesidad de poner fin al bloqueo económico, comercial y
financiero
impuesto
por
los
Estados
Unidos
de
América
contra
Cuba”http://www.uh.cu/sites/default/files/InformeBloqueo2016EN.pdf
1
limit, restrict or prohibit international cooperation in the field of biology to establish, inter
alia:
• Ban on Cuban exports and imports to and from the US of drugs, reagents, vaccines,
personal protective equipment, spare parts for diagnostic equipment and treatment,
components of culture media and diagnostics in general for the detection of biological
agents that can cause severe epidemics and other inputs for hospitals, institutes or
research centers.
• Ban on Cuban exports and imports of services to or from the US, including in the fields of
biology and biotechnology.
• Restricting the international exchange of scientific and technical information, including in
the fields of biology and biotechnology.
• Ban on subsidiaries of US companies in third countries to trade with Cuba, including in
the areas of biology and biotechnology.
• Ban all companies in the world, including in the fields of biology and biotechnology, to
export a product or equipment to US whatever it is, if it contains Cuban raw materials.
Some concrete examples of the effects produced by the blockade of the national
implementation by Cuba of Article X of the Convention, in the period between April
2015 and April 2016.
• The biotechnology sector in Cuba aims to develop new products, medicines, equipment
and high-tech services destined to improving the health of the Cuban people, the
generation of exportable goods and services and advanced technologies for the
production of foods. However, the biopharmaceutical industry of Cuba suffered an
economic loss, as a result of the blockade, amounting to 171 million 665 thousand 136,
96 dollars.
• The company FARMACUBA requested means of protection and chemical and
biotechnological products for the production of medicines in Cuba to 4 US suppliers,
among them, the multinational company SIGMA-ALDRICH refused to respond to the
Cuban request due to complications arising from the application of US blockade.
• The company LABIOFAM was unable to obtain MEM-A and FETAL BOVINE SERUM,
raw Materials that only the US market sells. These are necessary for the production of
vaccines against viruses and bacterias affecting the livestock sector in Cuba. This situation
requires the company to use suppliers of European countries to import these products,
with a consequent increase in transportation costs and profit margins under those
suppliers.
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• If Cuba could export Heberprot-P, novel and unique for therapy of severe diabetic foot
ulcer (UPD) medication, to benefit 5 percent of Americans who develop a complex UPD a
year, the biotechnology industry in Cuba could receive more than 122 million dollars
annually. This would help to minimize the high figure of over 70 000 23 amputations
performed annually in the US to diabetic patients. However, the blockade prevents these
exports.
• The company LABIOFAM produces Vidatox 30CH, a proven natural treatment with antiinflammatory, analgesic and anti-tumor in patients with cancer. Because of the blockade, it
is not possible to access the US market for the marketing of this product, so it is estimated
that the total losses reach89 million 100 thousand dollars. Furthermore, this policy
prevents American cancer patients access and enjoy the benefits of this alternative
treatment.
Why the States Parties should be involved in order to ensure this type of unilateral
measure contrary to the Convention?
The Seventh Review Conference of the Biological Weapons Convention recognized that
"... there still remain challenges to be overcome in developing international cooperation,
assistance and exchange in biological sciences and technology for peaceful purposes and
that addressing such problems, challenges, needs and restrictions will help States Parties
to build sufficient capacity for disease surveillance, detection, diagnosis and containment...
“.2
At the meeting of States Parties to the Convention held from 14 to 18 December 2015 it
concluded that "... to further address a range of specific measures for the full and
comprehensive, implementation of Article X taking into account all of its provisions,
including facilitation of cooperation and assistance, States Parties noted the value of: (a)
avoiding imposing restrictions and/or limitations on transfers of scientific knowledge,
technology, equipment and materials for purposes consistent with the objectives and
provisions of the Convention... ".3
States Parties are required to comply with all provisions of the Convention, including the
important responsibility of ensuring pending full, effective and non-discriminatory
implementation of Article X.
Unilateral prohibitions and restrictions involved in the blockade against Cuba are clearly
2
BWC/CONF.VII/7 Final Document of the Seventh Review Conference.
http://www.unog.ch/58388028-AED1-4FB2-A094-8C24E7C8AF6D/FinalDownload/DownloadId69BE1643942BDEFC3463969D206E64BD/58388028-AED1-4FB2-A0948C24E7C8AF6D/80256EDD006B8954/%28httpAssets%29/3E2A1AA4CF86184BC1257D9600
32AA4E/$file/BWC_CONF.VII_07+%28E%29.pdf
3
BWC/MSP/2015/6 Report of the Meeting of States Parties.
http://www.unog.ch/58388028-AED1-4FB2-A094-8C24E7C8AF6D/FinalDownload/DownloadId01BC2308B15432F4317CDE48B497C121/58388028-AED1-4FB2-A0948C24E7C8AF6D/80256EDD006B8954/%28httpAssets%29/88768BCA419C9EF2C1257F8B004
DBFB7/$file/BWC_MSP_2015_6_English.pdf
3
incompatible with the provisions of the Convention. States Parties must be actively
involved to ensure, with the lifting of such measures, full compliance with the letter and
spirit of the BWC, including Article X. Cuba reiterates its firm commitment to the strict
implementation of the Convention in all its aspects.
4