THE ARMS TRADE TREATY
__________
from
THE PRESIDENT OF THE UNITED STATES
transmitting
THE ARMS TRADE TREATY, DONE AT NEW YORK ON APRIL 2, 2013, AND SIGNED BY
THE UNITED STATES ON SEPTEMBER 25, 2013
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December 9, 2016.–Treaty was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Relations
and ordered to be printed for the use of the Senate
———-
U.S. GOVERNMENT PUBLISHING OFFICE
69-118 WASHINGTON : 2016
LETTER OF TRANSMITTAL
———-
The White House, December 9, 2016.
To the Senate of the United States:
With a view to receiving the advice and consent of the
Senate to ratification, subject to certain declarations and
understandings set forth in the enclosed report, I transmit
herewith the Arms Trade Treaty, done at New York on April 2,
2013, and signed by the United States on September 25, 2013. I
also transmit, for the information of the Senate, the report of
the Secretary of State with respect to the Treaty, which
contains a detailed article-by-article analysis of the Treaty.
The Treaty is designed to regulate the international trade
in conventional arms–including small arms, tanks, combat
aircraft, and warships–and to reduce the risk that
international arms transfers will be used to commit atrocities,
without impeding the legitimate arms trade. It will contribute
to international peace and security, will strengthen the
legitimate international trade in conventional arms, and is
fully consistent with rights of U.S. citizens (including those
secured by the Second Amendment to the U.S. Constitution).
United States national control systems and practices to
regulate the international transfer of conventional arms
already meet or exceed the requirements of the Treaty, and no
further legislation is necessary to comply with the Treaty. A
key goal of the Treaty is to persuade other States to adopt
national control systems for the international transfer of
conventional arms that are closer to our own high standards.
By providing a basis for insisting that other countries
improve national control systems for the international transfer
of conventional arms, the Treaty will help reduce the risk that
international transfers of specific conventional arms and items
will be abused to carry out the world’s worst crimes, including
genocide, crimes against humanity, and war crimes. It will be
an important foundational tool in ongoing efforts to prevent
the illicit proliferation of conventional weapons around the
world, which creates instability and supports some of the
world’s most violent regimes, terrorists, and criminals. The
Treaty commits States Parties to establish and maintain a
national system for the international transfer of conventional
arms and to implement provisions of the Treaty that establish
common international standards for conducting the international
trade in conventional arms in a responsible manner. The Treaty
is an important first step in bringing other countries up
towards our own high national standards that already meet or
exceed those of the Treaty.
The Treaty will strengthen our security without undermining
legitimate international trade in conventional arms. The Treaty
reflects the realities of the global nature of the defense
supply chain in today’s world. It will benefit U.S. companies
by requiring States Parties to apply a common set of standards
in regulating the defense trade, which establishes a more level
playing field for U.S. industry. Industry also will benefit
from the international transparency required by the Treaty,
allowing U.S. industry to be better informed in advance of the
national regulations of countries with which it is engaged in
trade. This will provide U.S. industry with a clearer view of
the international trading arena, fostering its ability to make
more competitive and responsible business decisions based on
more refined strategic analyses of the risks, including risks
of possible diversion or potential gaps in accountability for
international arms transfers, and the associated mitigation
measures to reduce such risks in a given market.
The Treaty explicitly reaffirms the sovereign right of each
country to decide for itself, pursuant to its own
constitutional and legal system, how to deal with conventional
arms that are traded exclusively within its borders. It also
recognizes that legitimate purposes and interests exist for
both individuals and governments to own, transfer, and use
conventional arms. The Treaty is fully consistent with the
domestic rights of U.S. citizens, including those guaranteed
under the U.S. Constitution.
I recommend that the Senate give early and favorable
consideration to the Treaty, and that it give its advice and
consent to ratification of the Treaty, subject to the
understandings and declarations set forth in the accompanying
report.
Barack Obama.
LETTER OF SUBMITTAL
———-
Department of State,
Washington, DC, December 5, 2016.
The President,
The White House.
The President: I have the honor to submit to you, with a
view to its transmittal to the Senate for advice and consent to
ratification, subject to the understandings and declarations
set forth in the enclosed Overview, the Arms Trade Treaty (the
“ATT” or the “Treaty”), which I signed at the United
Nations in New York on September 25, 2013. The Treaty entered
into force on December 24, 2014. Also enclosed is an Overview
of the Treaty, which includes a detailed article-by-article
analysis of the Treaty.
This Treaty will enhance the national security of the
United States. The United States has long sought to promote
greater standards for the international transfer of
conventional arms, and the ATT is a multilateral treaty that
requires each State Party to establish a national control
system to regulate the international transfer of conventional
arms covered by the Treaty, as well as the export of parts and
components and ammunition/munitions covered by the Treaty. It
will provide leverage for insisting that other countries
improve their national control systems for the international
transfer of conventional arms and thereby help reduce the risk
that international transfers of specific conventional arms and
items will be abused to carry out the world’s worst crimes,
including genocide, crimes against humanity, and war crimes. It
will also be an important foundational tool in ongoing efforts
to prevent the illicit proliferation of conventional weapons
around the world, which creates instability and supports some
of the world’s most violent regimes, terrorists, and criminals.
The U.S. national control systems and practices to regulate
the international transfer of conventional arms already meet or
exceed the requirements of the Treaty. No additional
legislation or regulation is required to comply with the
Treaty. The Treaty will be an important tool in getting other
States to adopt control systems that are closer to our high
standards. The Treaty is not self-executing.
The Departments of Commerce, Defense, Justice, and Homeland
Security join me in recommending that the Treaty be transmitted
to the Senate at the earliest possible date for its advice and
consent to ratification, subject to the understandings and
declarations set forth in the enclosed Overview.
Respectfully submitted.
John F. Kerry.
Enclosures: As stated.
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https://www.congress.gov/treaty-document/114th-congress/14/document-text?overview=closed