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REPORT TO THE NATIONAL SECURITY COUNCIL . . US POLICY ON TOXINS 21 January 1970 (Revised 30 January 1970) Submitted by the Interdepartmental Political-Military Group in response to NSSM 85 DECLASSIFIED PA/HO Department of State E.O. 12958, as amended August 6, 2007

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Page 1: TO THE NATIONAL SECURITY COUNCIL US POLICY …origin (e.g., ricin from castor beans and aminita toxin from mushrooms) are produced by macerating the plant and chemically extracting

REPORTTO THE

NATIONAL SECURITY COUNCIL

. .

US POLICY ON TOXINS

21 January 1970

(Revised 30 January 1970)

Submitted by theInterdepartmental Political-Military Group

in response to NSSM 85

DECLASSIFIEDPA/HO Department of StateE.O. 12958, as amendedAugust 6, 2007

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US POLICY ON TOXINS

Introduction .. •

In response to NSSM 85, this report by theInterdepartmental Political-Military Group (IPMG)examines US policies , programs , operational conceptsand alternatives thereto with respect to toxins'. •

Part I contains background information fundamental. to consideration of the policy issue.

Part II addresses the policy issue and optionstogether with the relevant PROS and CONS.

DECLASSIFIEDPA/HO Department of StateE.O. 12958, as amendedAugust 6, 2007

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• . PART BACKGROUND

Toxins are chemical substances. Unlike biologicalagents, they are not living organisms and are not capableof reproducing themselves. The effects of toxins, suchas botulism (food poisoning) and tetanus, are generallythought of as illnesses or diseases. * Toxins do not causeinfectious disease and are not transmissible from man toman. Hence, unlike biological agents, toxins cannot causeepidemics or establish long-term sources of illness.

At this time, the only method of producing the toxinscurrently thought to have potential military utility is

- from bacteria or other biological organisms , although wecould probably develop a way of synthesizing some toxinschemically. Regardless of the method of production, toxinshave some of the characteristics of biological agents andit is here that ambiguity enters. There is a period oftime ranging from minutes to hours before the effects oftoxins are produced, a delay intermediate between that of

'chemicals and the incubation period of biological agents.Moreover, as the effective dosage is extremely small, thearea that they can practically cover is considerably largerthan possible with chemical agents, though .not as extensive

-as for biological agents.

Military toxins are currently defined in U.S.,Quadripartite #, and NATO military documents as chemicalagents and the Secretary of Defense has so classified them

•.

* The pathological effects of some diseases are causedin part by toxins which are produced by bacteria within

. the human body.

U.K., Canada, Australia.

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publicly. Until NSDM 35 was issued there was lessneed to differentiate clearly between biologicals and"chemicals.*

Soviet civil and military defense publicationsclassify toxins as biological agents, while acknowledging.that by their action and methods of employment toxins are 'more closely related to chemical weapons. France includestoxins in their defensive manuals with biologicals, buthas agreed with the NATO position as noted above.

The recent UN Secretary General's report (July 1, 1969)and the World Health Organization (WHO) (November 21, 1969)both treated toxins as chemical substances. Of interest,the WHO report did add a caveat that "in some discussionsof chemical and biological weapons, such toxins areclassified as biological agents because the technology oftheir production resembles that of biological agents."

Toxoids, the immunizing materials that protect humansfrom toxins like tetanus, can be made only by growingbacteria and extracting the toxin to be used as the startingmaterial for the production of toxoids. Hence, toxins haveto be produced for public health and defensive purposes.

* .Toxins have frequently been included in the bio-logical sections of U.S. and allied military documents.The Dictionary of U.S. Military Terms for Joint Usage,dated 1 . August 1968 indicates that France, Belgium,

SEATO and CENTO use the following definition of biological warfare: "Employment of living organisms, toxic bioloeicalproducts and chemical plant growth regulators to producedeath or casualties in man, animals or plants; or defenseagain§t such action." (Emphasis added) NATO and the JCSlimit the definition of biological agents, to: "A micro-

- organism which causes disease in man, plants, or animalsor causes the deterioration of materiel." Toxins were alsoincluded in the definition of biological weapons in the1954 Protocol establishing arms control provisions for theWestern European Union.

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This facet of toxin production is not at issue in thispaper or in the UK draft Convention. However, the require-ment for such production must be considered in the verifi-cation provisions. of any relevant arms control agreement.*

Production Process for Toxins

Toxins are produced by bacteria as well as by manyother biological organisms or forms of life--for example,mollusca, corals, and fish. Bacterial toxins are pro-duced by growing the specific bacteria in a nutrient

-broth, removing the bacteria by filtration-or centrifuga-tion, and concentrating the toxin by chemical processessuch asprecipitation and absorption. Toxins of plantorigin (e.g., ricin from castor beans and aminita toxinfrom mushrooms) are produced by macerating the plant andchemically extracting the toxin in suitable solvents.Toxins of animal origin are also extracted chemically.

There appears to be no technical reason why sometoxins could not be made synthetically in a chemicalplant, although none of current military interest have asyet been so produced. There may be an analogy to penicillinand other antibiotics which originally were manufacturedby growing micro-organisms and then extracting the anti-

. biotics, but now are also made synthetically.

Current U. S. Ca abilities

Three toxins (see chart on following page) arecurrently considered to have potential military use. Anumber of others are being investigated as discussed inthe next section.

k The JCS believe that the amounts of biologically-produced toxins likely to be required for defensive/medicalpurposes are probably larger than the amounts that would berequired for offensive military use.

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. - , 1.

., EXISTING •

TOXtIT • EFiECTS RAPDITY OF . DURATION OF NATURE OF PRODUCTIONI 01•••n0110.10•01.

, ACTION EFFECTS PRODUCTION CAPABILITY, .

BOtulinum Approaching 12 hrs. 36-72 hours Purified from 280 lbs/mofor ' bacterial cul-1007.i

fatalities . survivors ture . .. .

. i .

.

. , . .

• .. . • ; 1 i . . .

. Shellfish 14proaching 5-10rdn., .36-72 hours • Chemical . extrac- Negligible

Poison • 1 100% for tion from bio- . .• 1

.fatalities -. survivors logical source . tJ

• ..

1, 1, ..Staphylococcal , Incitpa- . '1-6 hours 12-36. hours Purified from . 600 lbs/moEnterotoxin citating bacterial

culture

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There are fewer than 15 pounds of bulk lethaltoxins and 100 pounds of incapacitating toxins instockpile. These constitute stocks for research anddevelopment and would provide only a token militarycapability. The U.S. is not now producing toxins forstockpiling, only for research.and test purposes.

The so-called "poison bullets" are obsolete, havedeteriorated, and are scheduled for destruction withno replacement planned.

The major delivery system now available fortoxin dispersal is the A/B 45Y-4 airborne dissemina-tor, which can disseminate 230 pounds of agent. Thesystem was tested on F-4 aircraft near Einwetok Atollin September and October 1968 with the incapacitantstaphylmcccalenterotoxin. These tests indicated thatthe weapon would cause a 30% casualty rate over 2400square kilometers, assuming unmasked target populations.There have been no field tests with lethal botulinumor lethal shellfish toxin in the A/13 45Y-4.

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The bacterial toxins botulinum and staphylococcalenterotoxin have been the most thoroughly investigated.The lethal dose for man of botulinum toxin is estimated tobe 4;800 nanograms*. The dose of the incapacitatingstaphylococcal enterotoxin has been accurately determinedto be 26 nanograms , making it one of the. most 'potentphysiologically active materials known.

Non-bacterial toxins have been studied and an extremelytoxic lethal material has been isolated from several spe-cies of coral of the genus Ealysba. The lethal dose forman of this material is estimated to be of the order of100 nanograms. •

Prospects for success in the synthesis of sometoxins are good, but the synthesis of others will be diffi-cult. Botulinum is a protein with a high molecular weightand its synthesis would offer difficulties that appear tobe insurmountable with present technology. Staphylococcalenterotoxin is also a protein, but with a lower molecularweight. Its synthesis might be technically possible butattaining an economical production capability is by nomeans assured.

Protective toxoids to immunize against botulinum havebeen developed and tested by the Army and are very effec-tive. Toxoids to protect against incapacitating staphylo-coccal enterotoxin are much less effective.

*One nano ram = one billionth of a gram or lx10 -9 grams.

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The non-bacterial toxins are quite different.The toxin from 2112I±Loa, for example, is a smallmolecule with a weight of about 350 and very likelycould be synthesized and probably produced by syntheticprocess. The toxin from puffer fish is similar. Toxoids

. for protection against such toxins are not expected toexist.

Current military R&D on toxins is devoted to -efforts to synthesize toxins of low molecular weight,especially the lethal toxin from Palythoa, to developingthe most effective of several types of incapacitatingstaphylococcal enterotoxins, and in a search for methodsof detecting and warning against attacks by toxins.There is no military R&D on botulinum toxin at this time.

Toxins have general scientific interest and a signifi-cant amount of research is conducted throughout the world.This work is -primarily on the mechanism of toxic actionand on synthesis of toxins.

Soviet scientists have carried on investigationspertaining to a variety of plant, animal and microbialtoxins in the course of work that appears to be medicallyoriented. The number of published studies indicates nospecial interest or emphasis. The only toxin known tohave received consideration in Soviet BW defense-relatedresearch is botulinum toxin. The Soviets list this toxinalong with three bacterial diseases (anthrax, plague,cholera) as the BW agents to be tested for first in theirBW detection and identification procedures.

With respect to a Soviet capability to producetoxins, we believe that they can probably produce atleast two of the six types of botulinum toxin by biologicalprocesses. We are virtually certain that they have not

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been able to produce any of the types of chemicalprocesses. They have conducted a sizeable military R&Dprogram in aerogehic immunization, using these two types,as well as studies on decontamination and identificationprocedures, means of purifying and stabilizing the toxin,

. and methods of handling military and civilian casualtiesarising from its use. The Soviet explanation for theirinterest in aerogenic immunization is that in the eventof biological warfare "the most likely attack will.beby the aerosol route." The extensive work on aerosolizedbotulinum toxin provides them with -a quite . adequate basisfor an offensive capability. We have no evidence . ofproduction or stockpiling of this toxin for this purpose..

There is no evidence of military interest in toxinsfor offensive purposes on the part of any other country.

Military Utility

In circumstances in which troops are not masked norimmunized, the effective dosages of toxins can be deliveredover large areas with far less logistic effort as comparedto nerve agents. • Decontamination of affected areas isrelatively uncomplicated.

Because of the lower dosages required, greatertactical flexibility would result from the use of toxinsas compared to other chemical agents. Smaller quantitiesare sufficient to achieve equivalent area coverage and

. targets can be attacked from greater upwind distances.Masks provide less certainty of protection against toxinsthan _against other non-persistent chemical agents, forexample GB, because minor leaks are more critical;however, they still afford very substantial protection.Also, no country is now known to have an effective detection and alarm system for toxins. The development ofsuch systems poses more technical difficulties than fornerve agents.

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If it can be assumed that the enemy has not beenimmunized and/or is not wearing masks; these toxins couldoffer logistic advantages over other chemicals. Fewertons of toxins would need.to be moved to attack an equiva-lent area. Under these cirumcstances this reduced logis-tics requirement could expedite retaliation in any areaof the world where the U.S. does not maintain overseaschemical stockage.

- . Toxins are not generally adaptable to present explo-sive munitions but development tests of non-explosive •munitions indicate that toxins may have an approximatelyeight-fold advantage in effectiveness over present chemicalartillery munitions against unprotected personnel.

On the other hand, some toxins take longer to actthan chemical agents VX and GB and are therefore lessuseful where rapid reactions are required. Also, enemydefense would be easier in the event of retaliation withtoxins because toxins do not penetrate through the skinand therefore do not require the cumbersome defensiveequipment (e.g. , protective clothing) and decontaminationmeasures needed against persistent agents. Because exist-

. i.ng toxins are not persistent, these cannot be used tocreate barriers or deny terrain. For certain toxins(e.g., botulinum) there are effective immunization tech-niques available and this must be considered in connectionwith employment. Finally, in response to an enemy attackwith nerve agents or mustard, retaliation with toxinsmight be perceived as the introduction of "biologicalwarfare" because of the similarity of their effects todisease.

The military uses, advantages and disadvantages of' toxins apply equally to possible use by enemy forces

against U.S. forces.

Toxins, as all chemical agents currently stockpiledexcept mustards, have never been employed operationally.As a result, the advantages and disadvantages discussed

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above are largely'derived from studies, war gaming, andchamber and test data. Until the recent renunciation ofbiologicals, toxins have been somewhat overshadowed bybiologicals both in the research and development fieldand in production efforts largely because biologicalshave been considered to have greater cost effectivenessand because stockpiles of incapacitating biologicalshave been maintained for a number of years.

-The incapacitant staphylococcal enterotoxin repre-sents the only incapacitating capability likely to beavailable for at least the*next three to five years. Nosynthetic chemical incapacitant appears to have equallypromising characteristics and no other incapacitant inR&D has been operationally tested to date.

In the area of lethal toxins, it is clear that noneof the present lethal toxins could serve in lieu of ourexisting persistent chemical capability, largely becauseof their lack of persistency and inability to penetrate

.the skin. However, a number of lethal toxins in R&D

appear to have such low effective dosages that theymight serve a complementary role to non-persistent lethalchemicals , largely through their ability to increase thecriticality of normally acceptable leakage in protectivemasks and to increase difficulty in enemy detection andwarning systems.

Toxins having military interest have yet to besynthesized. Thus, if a near termcapability in toxinsis to be developed , the U.S. would have to rely on abiological production process.

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Toxins and the UK Draft Convention, the Geneva Protocolof 1925 and Ha.ue Convention No. IV of 1907

. •.• .UK Draft Convention -

The United States has associated its alf with theprinciples and objectives of the UK draft Convention onthe Prohibition of Biological Means of Warfare. The toxin

issue is certain to be raised at the resumed sessionof the Conference of the Committee on - Disarmament (CCD)in February. The UK draft Convention does not prohibitthe use of toxins, but the UK has stated that it wouldbe willing to consider redrafting the Convention toinclude toxins. The UK draft Convention is itself ambig-uous as to whether it would preclude the use of biologicalmaterials as intermediates in the production of toxins.The UK draft Convention would preclude the production,acquisition, or research aimed at production of "microbialor other biological agents of typesanclipat.have no independent justification tor_prophy_lactic orosls...1111 211:22a22," While some UK spokesmen havepublicly stated that production and possession of bacteriafor the development of toxins for hostile purposes wouldbe prohibited by this language, the languagein the UK document could be interpreted to apply only to

. end products which are biological agents.

If we wished to make sure that we had preserved theoption to produce military toxins by biological means,we would have to make certain that the UK draft Conventiondid not prohibit their production. However, this wouldput our position at odds with the publicly stated UKjpterpretatiod*of their draft and add to the task of

*The DOD notes that the UK has taken no official governmentalposition on these matters, and further notes that the viewsexpressed are those of mid-level UK spokesmen, the highest ofwhich being the Head of the Disarmament Section, British ForeignOffice. ._ •

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winning support for the principles and objectives of theConvention. Moreover, if the draft Convention were con-strued to permit biological production facilities andif other countries took advantage of this , verificationunder the UK draft Convention could be rendered even moredifficult.

On the other hand, if the U.S. accepted the UK inter-pretation that their draft Convention prohibited theproduction of toxins by biological processes (all toxinsof current military interest are produced biologicallytoday), the association of this technically chemical agentwith the Convention could encourage pressure toward theprohibition of all chemical agents without more verifica-tion than provided by the UK draft Convention.

The UK has expressed a desire to review the U.S.and UK positions before the next meeting of the CCD.

Geneva Protocol•

The Geneva Protocol prohibits any use in war oflethal or incapacitating chemical or biological agents.Most of the major powers have converted . this into a"no-first use" undertaking by means of a reservation tothe effect that the Protocol shall cease to be bindingwith regard to any State if such State or any of itsallies fails to respect the prohibitions laid down inthe Protocol.

The negotiating history of the Geneva Protocol isnot conclusive as to whether toxins were deemed to comeeither within the category of "asphyxiating, poisonous orother gases, and analogous liquids, materials or devices"or within "bacteriological methods of warfare." However,

. two toxins--those causing botulism and tetanus--werespecifically mentioned in the discussion of bacteriologicalmethods of warfare. Thus, from the standpoint of .thenegotiating history (although not from a scientific view-point), other parties could claim that toxins must betreated as bacteriological methods of warfare in interpret-ing the Protocol. No government has stated its positionon this question under the Protocol.

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The most immediate problem would arise if we wishedto ratify the Protocol with a reservation,that wouldcodify announced U.S. policy--i.e., reserve the right toretaliate with chemical weapons but not biological weapons.In this event we would have to make clear to the Senateand to the other parties that our reservation includedtoxins. This could create difficulties in the Senateratification proceedings , as well as highlighting thetoxin issue internationally. This problem would not ariseif the U.S. took the standard reservation taken by themajor powers that the Protocol would cease to be bindingif violated by others.

Eamt_1211m1511121=.2E2111Article 23 of the Regulations annexed to Hague

Convention No. IV respecting the Laws and Customs ofWar on Land--by which the United States is legally

. bound—provides that "It is especially forbidden... toemploy poison or poisoned weapons." Legal authoritiesare divided on whether the prohibition covers use oftoxins. No government has taken a public position onthis question.

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PART POLICY ISSUE AND-PROGRAM OPTIONS

There is one basic issue:

Should the U.S. maintain an option to develop0.2p141itiestoretalsj_g_Itoxinsaainst911tEig2LRE....121212ZICE121g

(Implicit in this issue is an understanding that defensiveresearch and development programs 'will be authorized.whether the option to develop capabilities in toxins isretained or not. Defensive research and developmentprograms are implied in the first two options and, asnoted, constitute the third option. In general, anoffensive research and development program differs froma defensive research program in that the former includesR&D on weapons-delivery systems and large-scale productiontechniques and the latter does not.)

Since toxins may be produced either by biologicalprocesses or eventually by chemical synthesis, there arethree program options.

OPTION I: Reserve the Ostion to Develo• Stock•ileand Use in Retaliation Toxins Produced byEither Biological Processes or Chemical.Synthesis. (Implicit in the acceptance ofthis option is an offensive, as well asdefensive, research and development programfor toxins produced by either method andfor related delivery systems/weapons.)

OPTION II: Renounce the O•tion to Develo. Stock•ile andUse in Retaliation Toxins Which are ProducedyBiological Processes. Re serve the Option

to Develop, Stockpile and Use in RetaliationThose Toxins Produced by Chemical

ynthesis. (Implicit in the acceptance ofthis option are: (1) a defensive research and

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development program only for biologically-.produced toxins; and (2) offensive, as wellas defensive, research and development pro-grams for the development of chemically-synthesized toxins are related deliverysystems/weapons.)

OPTION III: Renounce the Use, and Hence the Development and the Stockp iling, of Wea pons Systems Using Toxins Produced Either by Chemical Synthesisor Biolagical Processes. (Implicit in theacceptance of this option are only defensiveresearch and development programs for alltoxins with the purposes of assuring•adequate defensive measures and of protectingagainst technological surprise.)

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Reserve the Option to Develop, Stockpile and Use in Retaliation Toxins Producèd by Either Biological. Processes or Chemical S ynthesis. (Implicit in theacceptance of this option is an offensive, as well asdefensive, research and development program for toxins,produced by either method, and for related deliverysystems/weapons.)

PROS:

1. As the U.S. has renounced biological weapons,toxins represent the only candidate agents to achievesignificant logistic .advantage or large area coverage ineither a lethal or an incapacitating role. Toxins couldprovide anywhere from 10- to 1000-fold advantages inthese respects (depending on the toxin*) over existingchemical weapons assuming that the enemy has not beenimmunized and/or is not wearing masks.

2. Staphylococcal enterotoxin (produced by biologi-cal processes) represents the most promising currentpotential to achieve an incapacitating capability.

3. This option retains maximum flexibility todevelop a variety of toxins which may have militaryutility as part of a U.S. retaliatory capability. (Couldprovide either an incapacitating capability for U.S.forces within 1-3 years or another lethal option Lbotulinugbesides currently stockpiled GB and VX nerve aRents.)

* About 10-20 fold for botulinum (lethal) and about 1000-fold for staphylococcal enterotoxin (incapacitating) andcertain lethal toxins still in research and development.

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4. Assuming that the enemy has not been immunizedand/or is not wearing masks, logistic supply by air forretaliation from CONUS would be simpler than for otherchemicals because of much lower container weight require-ments and possible lower supply requirements.

5. This option may complicate the military plan-ning and defense problems of other countries.

6. Even though the predicted military utility oftoxins may never be realized, retention of the option(and announcement thereof) could provide a bargaininglever for future arms control discussions.

CONS:*

1. Biological programs for toxins could be usedas a basis for charging the U.S. with preparation forbiological warfare.

2. The use of toxins could be used as a justifica-tion for employing biological agents against U.S. forces.(The use of toxins could be perceived as or used as abasis for charging the U.S. with biological warfare inview of the fact that the victims--who would constitutea large percentage of all unprotected personnel withinthe affected area--would contract disease Lboutlism;tetanus, et cetera] even though not communicable ones.This would be true regardless of whether the toxins

* OST maintains that toxins would have marginal utilityas retaliatory weapons in battlefield situations assum-ing that an enemy force which had initiated the use of-- -chemical or biological weapons in war would have takenprotective measures, such as the provision of masks.-Although mask leakage would be more critical with toxinsthan with some other chemical agents, masks alone pro-vide no adequate protection against the skin-penetratingnerve agents.

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were produced by biological or chemical means.)*

3. Production of toxins by biological processeswould cast doubt on the significance and credibility ofthe U.S. renunciation of biological warfare and tend toweaken its favorable domestic and international impact.(For example, maintenance-of facilities for the productionof toxins by biological means could be claimed to beinconsistent with announced U.S. policy that "the UnitedStates will confine its biological research to defensivemeasures such as immunization and safety measures" and .that "our bacteriological programs in the future will beconfined to research in biological defense, on techniquesof immunization, and on measures of controlling and pre-venting the spread of disease.") Production in amountsneeded for a significant military capability would requireoperation of our present production facility or newchemical facilities for synthetically-produced toxins.

4. The increased publicity that toxins wouldreceive from the national and international attentionincident to choosing this option could stimulate interestin the development of toxins and perhaps biologicals byother countries. Thus, it could encourage proliferation.**

5. Production, storage, transportation and openair testing could cause domestic political problems inci-dent to complying with public law which requires advancenotification to Congress and the Governors concerned withprojected activities in these areas.

* OSD and JCS believe that the portions in parenthesesare unnecessarily redundant in view of CON 2 and undulyexaggerate the importance of this point.

** OSD and JCS believe that in practice proliferation of atoxin capability is probably considerably less likelythan proliferation of other chemical capabilities, asevidenced by the production difficulties, requireddissemination techniques and equipment, and the require-ment for a highly developed chemical and biological

. technology which the purification/production of toxinsrequires.

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6. This would place the U, S. in opposition to theU.K: interpretation, of the UK Draft Convention by requir-ing the U.S. to take the position that bacteriological/-biological processes could be used for the production oftoxins.*

7. If we choose to ratify the Geneva Protocolwith the type of reservation that codifies U.S. chemicalwarfare and biological research policies (i.e., thatpreserves the right to retaliate with chemicals but-notbiological warfare agents) , preservation of this . optionwould require us to establish that, regardless of thenegotiating history of the Geneva Protocol, we did notconsider the use of toxins to be a biological method ofwarfare. This could complicate the Senate ratificationproceedings and, unless formally conveyed to other Parties,would be legally vulnerable to challenge.

Public Affairs Rationale.** Any public explanation ofOption 1 could utilize the following points:

1. - Toxins are indeed chemical substances and are sodefined in the UN Secretary-General t s report, the WorldHealth Organization report and by the internationaltechnical community.

* OSD notes that the UK has taken no official govern-mental position on these matters, and further notesthat the views expressed are those of mid-level UKspokesmen, the highest of which being the Head of the

--Disarmament Section, British Foreign Office.

** The lead into any public explanation would probably bemuch the same for all three options and - COtild include :(1) a reiteration of the significant policy initia-tives taken on November 25 (for example, the renuncia-tion of all offensive preparations for and methods ofbiological warfare) ; and (2) a statement that afterthese new policies, the President directed that afurther comprehensive study of U.S. policies and pro-grams on toxins be conducted for consideration in theNational Security Council system.

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2. Toxins differ from other chemicals in thatthe production of toxins happens to occur in biologicalorganisms, but toxins are not transmissible from man-to-man and cannot themselves cause epidemics as is thecase with biologicals.

3. The method of production is not germane tothe basic policy question. and, therefore, toxins shouldbe treated entirely as part of the U.S. chemical warfareprogram.

4. The U.S. policy of "no first use" would, ofcourse, apply to toxins as it does to all other chemicalweapons. .

5. The U. S. will continue to work towards effectivearms control agreements in this area.

6. • U.S. policy renouncing all biological weaponshas been made clear and there should be no question of

. diverting any of the biological processes for toxins topreparations for biological weapons.

Maor Drawback. Possible drawbacks to this explanationare delineated in the arguments against the option. Inbrief, the principal drawback from the public affairsstandpoint could be the accusation that, despite thePresident's announcement of November 25 renouncing alloffensive preparations for biological warfare, a U.S.biological warfare program would continue under the guiseof a toxins program and that the U.S. had simply renouncedone type of "disease weapon"* to embrace another.

* The term "disease" is a functional term only in thesense that it describes the introduction of a foreignpoisonous substance into the body. "Disease" doesnot imply that the particular substance involved istransmissible from man-to-man. '

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OPTION II

Renounce the Option to Develop, Stockpile , and Use in Retaliation Toxins Which are Produced by Biological Processes. Reserve the 0 don to Develo. Stockeileand Use in Retaliation Only Those Toxins Produced by Chemical Synthesis. (Implicit in the acceptance of thisoption are: (1) a defensive research and developmentprogram only for biologically-produced toxins; and (2)offensive, as well as defensive, research and develop-ment programs for the development of chemically-synthesized toxins are related delivery system/weapons.)

PROS:

1. Would leave open the development of a toxincapability by chemical synthesis. Thus, the advantagescited for Option 1 of flexibility and relative logisticssimplicity could accrue under this option if the U.S.developed effective toxins by chemical synthesis.

2. Would not require modification of the UK •

Draft Convention.

3. Would remove a basis for claiming that we wereacting inconsistently with the President's announcementson our biological research program by renouncing theproduction of toxins by biological processes.

4. The production of the lethal toxins which mayhave the most potential military utility can probablybe accomplished in militarily significant quantities bychemical synthesis only.

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CONS:*

1. Would tend to limit U.S. capabilities tolethal toxins as the only known incapacitating toxin(staphylococcal enterotoxin) is of bacterial origin andmuch less amenable to chemical synthesis than a numberof lethal toxins.

2. Would deny toxins to the U.S. for a period ofsome years (at least 3-5 years) while methods of chemicalproduction were being developed.

3. The U.S. basis for retention of chemically-produced toxins (i.e., method of manufacture) could bedifficult to sustain.**

4. Could continue some of the contentions overthe existence of possible loopholes in the U.S. renuncia-tion of biological warfare by creating questions as tothe significance of differences based solely on themethod of manufacture of toxins.

5. Could stimulate foreign interest in toxinsand thus risk possible proliferation,*** while the U.S.limited itself to chemically-synthesized toxins.

OST maintains that toxins which might be synthesizedwould have somewhat improved but probably stillmarginal utility as retaliatory weapons in battle-field situations.

** OST believes that this position is no more difficultto sustain than the comparable question in Option III,Con 3.

*** OSD and JCS , for reasons noted, believe that inpractice proliferation of toxins capabilities isprobably less likely than proliferation of otherchemical capabilities.

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6. Could perhaps complicate future arms controlmeasures and verification procedures in the sense that,as it becomes possible to synthesize chemically thosetoxins that now require a biological process, a countrycould produce biological toxins while claiming that theyhad been chemically produced.

Public Affairs Rationale. Any public explanation ofOption II could utilize the following points:

1. Even though toxins are chemicals, as definedby the UN Secretary-General's report, the World HealthOrganization's report and the international technicalcommunity generally, the U.S. will engage in no biologi-cal production processes for the production of toxinweapons.

2. As announced on November 25, U.S. biologicalresearch programs will be for defensive purposes only,such as developing techniques of immunization and pre-venting the spread of disease.

3• The U.S. will have no need to operate anysecret facilities capable of producing biological orbacterial toxins and hence also capable of producingbiological weapons in large quantities.*

* Such an announcement, however, might best await theSecretary of Defense's recommendations with regardto the implementation of NSDM 35 on chemical warfareprograms and biological research programs. On theother hand, if either Option II or Option III wereselected, one can state with confidence that there would

–be no need for the operation of production facilitiesin secret. The Departments of Defense, Agriculture andHEW, the Office of Science and Technology and the Nation-al Academy of Sciences are looking into possible usesfor the present biological production facilities and thepossible de-classification of some of the other biologi-cal laboratories.

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4. The President has directed that all stocksof toxins which are not necessary for strictly defineddefensive purposes be destroyed.

-5. These decisions are taken with full confidencethat they are in keeping with the overall security of theU.S.

6. This action underlines U.S. support for theprinciples and objectives of the UK Draft ConventionProhibiting the Use of Biological Means of Warfare..

7. The U.S. will continue to work towards effectivearms control agreements in these areas.

When asked about the policy on chemically synthesizedtaxins, the reply could utilize the following points:

1. Toxins are chemical substances and differ fromother chemicals only in that toxins happen to occur alsoin nature.

2. Unlike biological agents, which the U.S. hasclearly renounced, toxins do not replicate, are nottransmissible from man-to-man and cannot themselves causespreading epidemics.

3. The U.S. is not in the business of differentiat-ing between various chemicals or blurring the primarytechnical line which can be drawn between chemicals andbiologicals (that is, the latter replicate and theformer do not).

Major Drawback. Possible drawbacks to this explanationare delineated in the arguments against the option. Inbrief, the principal public affairs drawback could be theaccusation that the U.S. continues to devise loopholes forits policy in this area because, while biologically-produced toxins had been renounced, the option was leftopen to produce these vary same "disease-producing"toxin weapons by chemical processes.

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Renounce the Use and Hence the Develosment and Stock-piling., of Weapons Systems UliagIoHinsproduced Eitherby_chemicAlSamInesis_orliallosical Processes. (Implicitin the acceptance of this option are only defensiveresearch and development programs for all toxins withthe purposes of assuring adequate defensive measuresand of protecting against technological surprise.)

PROS:

1. Would provide the necessary defensive measuresfor U.S. forces and protect against technological surprise.

2. Would tend to eliminate questions as to thesignificance and credibility of the U.S. renunciation ofbiological methods of warfare and U.S. policy on bio-logical research.

3. Would put the U.S. in the best position toratify the Geneva Protocol with the type of reservationthat most closely corresponds with U.S. policy on chemicalwarfare and biological research.

4. Would enable the U.S. to accept the UK positionon the UK Draft Convention without risk of creating theappearance of loopholes.

5. Would be favorably received in public discussionby appearing to extend the recent prohibition on biologicalsto include toxins and would avoid any appearance of aloophole in U.S. policy with respect to biological research.

6. Would be less likely to stimulate foreigninterest in toxins as weapons or to risk proliferation.

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. CONS:

1. Would foreclose the development of toxinweapon systems which may have military utility.

2. Would put the U.S. at a disadvantage if othercountries had toxin programs and we failed to persuadethem to place similar restrictions on such programs.

3. The U.S. could be challenged as to why it waswilling to unilaterally renounce one class of chemicalagents but not all chemicals.

4. If the U.S. wished to insist on adequateverification of arms control agreements involvingchemicals, this position could be difficult to sustainin light of the fact that the U.S. would have alreadyunilaterally renounced one class of chemical agents.

Public Affairs Rationale. Any public explanation ofOption III could'utilize the following points:

1. In spite of the fact that toxins are todayproduced by biological processes, toxins are indeedchemical substances as defined by the UN Secretary-General'sreport, the World Health Organization's report and theinternational technical community generally.

2. The review of U.S. policy on toxins was adifficult one. Toxins are like other chemicals in thattoxins do not replicate, are not transmissible from man-to-man, and cannot cause spreading epidemics. Whilesome toxins cause what is thought of as "disease", othersdo not.

3. Nonetheless, after carefully considering all thefacts and the possible consequences, the U.S. has decidedto renounce any offensive preparations for and the use ofall toxins as a method of warfare, even in retaliation.

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4. Toxins are associated with many diseases, andthe U.S. renounces the use of any disease as a method ofwarfare.

5. U.S. toxins programs will be fore defensivepurposes only, such as developing better immunizationtechniques, safety measures, and preventing the spreadof disease.

6. The U.S. will have no need to operate any secretfacilities capable of producing biological toxins andhence also capable of producing biological weapons inlarge quantities. (Same for Option II)

7. The President has directed that all stocks oftoxins which are not necessary for strictly defineddefensive research purposes be destroyed. (Same forOption II)

8. These decisions are taken with full confidencethat they are in keeping with the overall security ofthe U.S. Toxins do not add a significant or necessarycontribution to the U.S. defense posture.

9. This underlines U.S. support for the principlesand objectives of the UK Draft Convention Prohibitingthe Use of Biological Means of Warfare and goes one stepfurther.

10. The U.S. hopes that other nations will followthis example and join us in working towards effectivearms control agreements in these areas. (Same forOption II)

1...tajor Drawback. Possible drawbacks to this explanationare delineated in the arguments against the option. Inbrief, the principal drawback could be the challenge that,if the U.S. has decided to renounce one class of chemicalagents, what reason does the U.S. find for not renouncingall of these types of weapons and destroying the otherchemical weapons stockpiles.

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