Emphasizing that nothing in this treaty prevents States from exercising their right to adopt additional more rigorous measures consistent with the purpose of this Treaty;
Recognizing the legitimate international trade and lawful private ownership and use of conventional arms exclusively for, inter alia, recreational, cultural, historical and sporting activities for States where such ownership and use are permitted or protected by law;
Recognizing the active role that non-governmental organizations and civil society can play in furthering the goals and objectives of this Treaty; and
16. Emphasizing that regulation of the international trade in conventional arms should not hamper international cooperation and legitimate trade in material, equipment and technology for peaceful purposes;
Have agreed as follows:
Guided by the Purposes and Principles of the Charter of the United Nations, States Parties, In promoting the goals and objectives of this Treaty and implementing its provisions, shall act in accordance with the following principles:
The inherent rights of all States to individual or collective self-defense;
2. Settlement of individual disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered;
3. The rights and obligations of States under applicable international law, including international humanitarian law and international human rights law;
4. The responsibility of all States, in accordance with their respective international obligations, to effectively regulate and control international transfer of conventional arms as well as the primary responsibility of all States to in establishing and implementing their respective national export control systems; and
5. The necessity to implement this Treaty consistently and effectively and in a universal, objective and non-discriminatory manner.
Article 1 Goals and Objectives
Cognizant of the need to prevent and combat the diversion of conventional arms into the illicit market or to unauthorized end users through the improvement of regulation on the international trade in conventional arms,
The goals and objectives of this Treaty are:
- For States Parties to establish the highest possible common standards for regulating or improving regulation of the international trade in conventional arms;
- To prevent, combat and eradicate the illicit trade in conventional arms and their diversion to illegal and unauthorized end use;
In order to:
- Contribute to international and regional peace, security and stability;
- Avoid that the international trade in conventional arms contributes to human suffering;
- Promote cooperation, transparency and responsibility of States Parties in the trade in conventional arms, thus building confidence among States Parties,
- A. Covered Items
- 1. This Treaty shall apply to all conventional arms within the following categories:
- a. Battle Tanks
- b. Armored combat vehicles
- c. Large-caliber Artillery systems
- d. Combat aircraft
- e. Attack helicopters
- f. Warships
- g. Missiles and missile launchers
- h. Small Arms and Light Weapons
- 2. Each State Party Shall establish and Maintain a national control system to regulate the export of munitions to the extent necessary to ensure that national controls on the export of the conventional arms covered by Paragraph a1 (a)-(h) are not circumvented by the export of munitions for those conventional arms.
- 3. Each State Party shall establish and maintain a national control system to regulate the export of parts and components to the extent necessary to ensure that national controls on the export of the conventional arms covered by Paragraph A1 are not circumvented by the export of parts and components of those items.
- 4. Each State Party shall establish or update, as appropriate, and maintain a national control list that shall include the items that fall within Paragraph 1 above, as defined on a national basis, based on relevant UN instruments at a minimum. Each State Party shall publish its control list to the extent permitted by national law.
- B. Covered Activities
- 1. This Treaty shall apply to those activities of the international trade in conventional arms covered in paragraph a1 above, and set out in Articles 6-10, hereafter referred to as “transfer.”
- 2. This Treaty shall not apply to the international movement of conventional arms by a State Party or its agents for its armed forces or law enforcement authorities operating outside its national territories, provided they remain under the State Party’s ownership.
Article 3 Prohibited Transfers
A State Party shall not authorize any transfer of conventional arms within the scope of this Treaty if the transfer would violate any obligation under any measure adopted by the United Nations Security Council acting under Chapter VII of the Charter of the United Nations, in particular arms embargoes.
A State Party shall not authorize any transfer of conventional arms within the scope of this Treaty if the transfer would violate its relevant international obligations, under international agreements, to which it is a Party, in particular those relating to the international transfer of, or illicit trafficking in, conventional arms.
A State Party shall not authorize a transfer of conventional arms within the scope of this Treaty for the purpose of facilitating the commission of genocide, crimes against humanity, war crimes constituting grave breaches of the Geneva Conventions of 1949, or serious violations of Common Article 3 of the Geneva Convention of 1949.
Article 4 National Assessment
Each State Party, in considering whether to authorize an export of conventional arms within the scope of this Treaty, shall, prior to authorization and through national control systems, make an assessment specific to the circumstances of the transfer based on the following criteria:
Whether the proposed export of conventional arms would:
Be used to commit or facilitate serious violations of international humanitarian law; Be used to commit or facilitate serious violations of international human rights law; Contribute to peace and security; Be used to commit or facilitate an act constituting an offense under international conventions and protocols relating to terrorism or transnational organized crime, to which the transferring State is a Party;
In making the assessment, the transferring State Party shall apply the criteria set out in Paragraph 2 consistently and in an objective and non-discriminatory manner and in accordance with the principles set out in this Treaty, taking into account relevant factors, including information provided by the importing State.
4. In assessing the risk pursuant to Paragraph 2, the transferring State Party may also take into consideration the establishment of risk mitigation measures including confidence-building measures and jointly developed programs by the exporting and importing State.
5. If in the view of the authorizing State Party, this assessment, which would include any actions that may be taken in accordance with Paragraph 4, constitutes a substantial risk, the State Party shall not authorize the transfer.
Article 5 Additional Obligations
Each State Party, when authorizing an export, shall consider taking feasible measures, including joint actions with other States involved in the transfer, to avoid the transferred arms: being diverted to the illicit market; be used to commit or facilitate gender-based violence or violence against children; become subject to corrupt practices; or adversely impact the development of the recipient State.
Article 6 General Implementation
Each State Party shall implement this Treaty in a consistent, objective and non-discriminatory manner in accordance with the goals and objectives of this Treaty;
The implementation of this Treaty shall not prejudice previous or future obligations undertaken with regards to international instruments, provided that those obligations are consistent with the goals and objectives of this Treaty. This Treaty shall not be cited as grounds for voiding contractual obligations under defense cooperation agreements concluded by States Parties to this Treaty.
Each State Party shall take all appropriate legislative and administrative measures necessary to implement the provisions of this Treaty and designate competent national authorities in order to have an effective, transparent and predictable national control system regulating the transfer of conventional arms;
Each State Party shall establish one or more national contact points to exchange information on matters related to the implementation of this Treaty. A State Party shall notify the Implementation Support Unit (See Article 13) of its national contact point(s) and keep the information updated.