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State Parties involved in a transfer of conventional arms shall, in a manner consistent with the principles of this Treaty, take appropriate measures to prevent diversion to the illicit market or to unauthorized end-users. All State Parties shall cooperate, as appropriate, with the exporting State to that end.

If a diversion is detected the State or States Parties that made the decision shall verify the State or States Parties that could be affected by such diversion, in particulate those State Parties that are involved in the transfer, without delay.

Each State Party shall take the appropriate measures, within national laws and regulations, to regulate transfers of conventional arms within the scope of the Treaty.

Article 7 Export

Each State Party shall conduct risk assessments, as detailed in Articles 4 and 5, whether to grant authorizations for the transfer of conventional arms under the scope of this Treaty. State Parties shall apply Articles 3-5 consistently, taking into account all relevant information, including the nature and potential use of the items to be transferred and the verified end-user in the country of final destination.

Each State Party shall take measures to ensure all authorizations for the export of conventional arms under the scope of the Treaty are detailed and issued prior to the export. Appropriate and relevant details of the authorization shall be made available to the importing, transit and transshipment State Parties, upon request.

Article 8 Import

Importing State Parties shall take measures to ensure that appropriate and relevant information is provided, upon request, to the exporting State Party to assist the exporting State in its criteria assessment and to assist in verifying end users.

State Parties shall put in place adequate measures that will allow them, where necessary, to monitor and control imports of items covered by the scope of the Treaty. State Parties shall also adopt appropriate measures to prevent the diversion of imported items to unauthorized end users or to the illicit market.

Importing State Parties may request, where necessary, information from the exporting State Party concerning potential authorizations.

Article 9 Brokering

Each State Party shall take the appropriate measures, within national laws and regulations, to control brokering taking place under its jurisdiction for conventional arms within the scope of this Treaty.

Article 10 Transit and Transshipment

Each State Party shall adopt appropriate legislative, administrative or other measures to monitor and control, where necessary and feasible, conventional arms covered by this Treaty that transit or transship through territory under its jurisdiction, consistent with international law with due regard for innocent passage and transit passage;

Importing and exporting States Parties shall cooperate and exchange information, where feasible and upon request, to transit and transshipment States Parties, in order to mitigate the risk of discretion;

Article 11 Reporting, Record Keeping and Transparency

Each State Party shall maintain records in accordance with its national laws and regardless of the items referred to in Article 2, Paragraph A, with regards to conventional arms authorization or exports, and where feasible of those items transferred to their territory as the final destination, or that are authorized to transit or transship their territory, respectively.

Such records may contain: quantity, value, model/type, authorized arms transfers, arms actually transferred, details of exporting State(s), recipient State(s), and end users as appropriate. Records shall be kept for a minimum of ten years, or consistent with other international commitments applicable to the State Party.

States Parties may report to the Implementation Support Unit on an annual basis any actions taken to address the diversion of conventional arms to the illicit market.

Each State Party shall, within the first year after entry into force of this Treaty for that State Party, provide an initial report to States Parties of relevant activities undertaken in order to implement this Treaty; including inter alia, domestic laws, regulations and administrative measures. States Parties shall report any new activities undertaken in order to implement this Treaty, when appropriate. Reports shall be distributed and made public by the Implementation Support Unit.

Each State Party shall submit annually to the Implementation Support Unit by 31 May a report for the preceding calendar year concerning the authorization or actual transfer of items included in Article 2, Paragraph A1. Reports shall be distributed and made public by the Implementation Support Unit. The report submitted to the Implementation Support Unit may contain the same type of information submitted by the State Party to other relevant UN bodies, including the UN Register of Conventional Arms. Reports will be consistent with national security sensitivities or be commercially sensitive.

ARTICLE 12 ENFORCEMENT

Each State Party shall adopt national legislation or other appropriate national measures regulations and policies as may be necessary to implement the obligations of this Treaty.

ARTICLE 13 IMPLEMENTATION SUPPORT UNIT

This Treaty hereby establishes an Implementation Support Unit to assist States Parties in its implementation. The ISU shall consist of adequate staff, with necessary expertise to ensure the mandate entrusted to it can be effectively undertaken, with the core costs funded by States Parties. The implementation Support Unit, within a minimized structure and responsible to States Parties, shall undertake the responsibilities assigned to it in this Treaty, inter alia: Receive distribute reports, on behalf of the Depository, and make them publicly available; Maintain and Distribute regularly to States Parties the up-to-date list of national contact points; Facilitate the matching of offers and requests of assistance for Treaty implementation and promote international cooperation as requested; Facilitate the work of the Conference of States Parties, including making arrangements and providing the necessary service es for meetings under this Treaty; and Perform other duties as mandated by the Conference of States Parties.

ARTICLE 14 INTERNATIONAL COOPERATION

States Parties shall designate national points of contact to act as a liaison on matters relating to the implementation of this Treaty. States Parties shall cooperate closely with one another, as appropriate, to enhance the implementation of this Treaty consistent with their respective security interests and legal and administrative systems.

States Parties are encouraged to facilitate international cooperation, including the exchange of information on matters of mutual interest regarding the implementation and application of this Treaty in accordance with their national legal system. Such voluntary exchange of information may include, inter alia, information on national implementation measures as well as information on specific exporters, importers and brokers and on any prosecutions brought domestically, consistent with commercial and proprietary protections and domestic laws, regulations and respective legal and administrative systems.

4. Each State Party is encouraged to maintain consultations and to share information, as appropriate, to support the implementation of this Treaty, including through their national contact points.

5. States Parties shall cooperate to enforce the provisions of this Treaty and combat breaches of this Treaty, including sharing information regarding illicit activities and actors to assist national enforcement and to counter and prevent diversion. States Parties may also exchange information on lessons learned in relation to any aspect of this Treaty, to develop best practices to assist national implementation.

Article 15 International Assistance

In fulfilling the obligation of this Treaty, States Parties may seek, inter alia, legal assistance, legislative assistance, technical assistance, institutional capacity building, material assistance or financial assistance. States, in a position to do so, shall provide such assistance. States Parties may contribute resources to a voluntary trust fund to assist requesting States Parties requiring such assistance to implement the Treaty.

States Parties shall afford one another the widest measure of assistance, consistent with their respective legal and administrative systems, in investigations, prosecutions and judicial proceedings in relation to the violations of the national measures implemented to comply with obligations under of the provisions of this Treaty.

Each State Party may offer or receive assistance, inter alia, through the United Nations international, regional, subregional or national organizations, non-governmental organizations or on a bi-lateral basis. Such assistance may include technical, financial, material and other forms of assistance as needed, upon request.

Article 16 Signature, Ratification, Acceptance, Approval or Accession

This Treaty shall be open for signature on [date] at the United Nations Headquarters in New York by all States and regional integration organizations. This Treaty is subject to ratification, acceptance or approval of the Signatories. This Treaty shall be open for accession by any state and regional integration organization that has not signed the Treaty.

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