Industrialized countries, on the other hand, probably will need only to conform their current regulatory systems to the requirements of the BSP, although this may not always be easily accomplished, given its wide scope and ambiguity. Nonsignatories to the CBD, such as the US, can also be affected considerably, to the extent that they are exporters of LMOs. Since the BSP has not yet been finalized, the provisions that have emerged thus far may change in the final negotiation. Even so, the current language is instructive of its potential scope and ramifications. The BSP is meant to outline a minimal regulatory approach to transboundary movements of LMOs.
Countries often maintain a sovereign right to apply more stringent provisions.
The CBD was developed in 1992, as a result of a United Nations Earth Conference held in Rio de Janeiro. Under the auspices of the UN, the CBD is an international treaty that is intended to conserve and sustain biological diversity. As a result of the most recent February meeting held in Cartagena, Colombia, the BSP contains, in addition to the AIA mechanisms covering notification and consent procedures for importation, a variety of provisions covering diverse subject areas. The BSP clearly states that, in general, it shall apply to the transboundary movement, handling, and use of LMOs that may have an adverse effect on the conservation and sustainable use of biological diversity, taking also into account risks to human health. These process-based definitions, though problematic for a variety of reasons, including the difficulty of proving novelty, imply coverage of a broad range of products, unless they are otherwise excluded.