Treaty Text – International Disarmament Action Group

International Disarmament Action Group

 

Seeking: International cooperation, transparency, and technology denial

 

Group members: Rachel (MTCR), Brielle (Wassenaar Group), Jacqueline (OPCW), Alex (IAEA)

 

Additionally: Dominick (Interpol), Mark (UNODA)

 

Treaty for Conventional Weapons Disarmament in the Middle East (obviously this name will change)

 

Preamble:

The States Parties to this Treaty,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling Article 26 of the Charter of the United Nations which seeks to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources,

Underlining the need to prevent and eradicate the illicit trade in conventional arms and to prevent their diversion to the illicit market, or for unauthorized end use and end users, including in the commission of terrorist acts,

Recognizing the legitimate political, security, economic and commercial interests of States in the international trade in conventional arms,

Reaffirming the sovereign right of any State to regulate and control conventional arms exclusively within its territory, pursuant to its own legal or constitutional system,

Acknowledging that peace and security, development and human rights are pillars of the United Nations system and foundations for collective security and recognizing that development, peace and security and human rights are interlinked and mutually reinforcing,

Recalling the United Nations Disarmament Commission Guidelines for international arms transfers in the context of General Assembly resolution 46/36H of 6 December 1991,

Noting the contribution made by the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, as well as the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, and the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons,

Recognizing the security, social, economic and humanitarian consequences of the illicit and unregulated trade in conventional arms,

Bearing in mind that civilians, particularly women and children, account for the vast majority of those adversely affected by armed conflict and armed violence, 2 13-27217

Recognizing also the challenges faced by victims of armed conflict and their need for adequate care, rehabilitation and social and economic inclusion,

Emphasizing that nothing in this Treaty prevents States from maintaining and adopting additional effective measures to further the object and purpose of this Treaty,

Mindful of the legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities, where such trade, ownership and use are permitted or protected by law,

Mindful also of the role regional organizations can play in assisting States Parties, upon request, in implementing this Treaty,

Recognizing the voluntary and active role that civil society, including nongovernmental organizations, and industry, can play in raising awareness of the object and purpose of this Treaty, and in supporting its implementation,

Acknowledging that regulation of the international trade in conventional arms and preventing their diversion should not hamper international cooperation and legitimate trade in materiel, equipment and technology for peaceful purposes,

Emphasizing the desirability of achieving universal adherence to this Treaty, Determined to act in accordance with the following principles;

Principles:

 

Article 1

Objective and Purpose:

The object of this Treaty is to:

-Establish the highest possible common international standards for regulating or improving the regulation of the international trade in arms;

-Prevent and eradicate the illicit trade in arms and prevent their diversion;

-Prevent the use of chemical weapons against State Partys’ citizens

-Establish verification methods that will enable transparency between State Parties

For the purpose of:

-Contributing to international and regional peace, and stability;

-Reducing human suffering;

-Prevent citizens deaths by the State

-Promoting cooperation, transparency and responsible action by State Parties in the international trade in conventional arms, thereby building confidence among States Parties.

 

Article 2

Scope:

1. This treaty shall apply to all conventional arms within the following categories:

 

1. Chemical Gas;
2. Chemical agents;
3. Biological agents;
4. Battle Tanks;
5. Armoured combat vehicles;
6. Large-calibre artillery systems;
7. Combat aircraft;
8. Attack helicopters;
9. Warships;
10. Missiles and missile launchers; and
11. Small arms and light weapons

 

2. This Treaty shall not apply to the international movement of arms by, or on behalf of, a State Party for its use provided that the arms remain under that State Party’s ownership.

 

Article 3

Ammunition/munitions:

Each State Party shall establish and maintain a national control system to regulate the export of ammunition/munitions fired, launched or delivered by the conventional arms covered under Article 2 (1), and shall apply the provisions of Article 6 and Article 7 prior to authorizing the export of such ammunition/munitions.

Each State shall keep and maintain a record of any ammunition/munitions covered by the conventional arms covered under Article 2 (1) that goes missing or ends up in the possession of non-state actors.

These records shall be made available to the Secretariat who will then distribute these records to the State Parties and all International Arms Control Regimes.

Article 4

Parts and Components:

Each State Party shall establish and maintain a national control system to regulate the export if parts and components where the export is in a form that provides the capability to assemble the arms covered under Article 2 (1) and shall apply the provisions of Article 6 and Article 7 prior to authorizing the export of such parts and components..

Article 5

General Implementation:

1. Each State Party shall implement this Treaty in a consistent, objective and non discriminatory manner, bearing in mind the principals referred to in this Treaty.
2. Each State Party shall establish and maintain a national control system, including a national control list, in order to implement the provisions of this Treaty.
3. Each State Party is encouraged to apply the provisions of this Treaty to the broadest range of arms. National definitions of any of the categories covered under Article 2 (1) (a)-(k) shall not cover less than the descriptions used in the United Nations Register of Arms at the time of entry into force of this Treaty.
4. Each State Party, pursuant to its national laws, shall provide its national control list to the Secretariat, which shall make it available to other States Parties. States Parties are encouraged to make their control lists publicly available.
5. Each State Party shall take measures necessary to implement the provisions of this Treaty and shall designate competent national authorities in order to have an effective and transparent national control system regulating the transfer of arms covered under Article 2 (1) and of items covered under Article 3 and Article 4.
6. Each State Party shall designate one or more national points of contact to exchange information on matters related to the implementation of this Treaty. Each State Party shall notify the Secretariat, established under Article 18, of its national point(s) of contact and keep the information updated.

Article 6

Prohibitions:

 

Article 7

Export and export assessment:

 

Article 8

Import:

1. Each importing State Party shall take measures to ensure that appropriate and relevant information is provided, upon request, pursuant to its national laws, to the exporting State Party, to assist the exporting State Party in conducting its national export assessment under Article 7. Such measures may include end use or end user documentation.
2. Each importing State Party shall take measures that will allow it to regulate, where necessary, imports under its jurisdiction of conventional arms covered under Article 2 (1). Such measures may include import systems.
3. Each importing State Party may request information from the exporting State Party concerning any pending or actual export authorizations where the importing State Party is the country of final destination.

Article 9

Transit or trans-shipment:

Each State Party shall take appropriate measures to regulate, where necessary and feasible, the transit or trans-shipment under its jurisdiction of conventional arms covered under Article 2 (1) through its territory in accordance with relevant international law

Article 10

Brokering:

Each State Party shall take measures, pursuant to its national laws, to regulate brokering taking place under its jurisdiction for arms covered under Article 2 (1). Such measures may include requiring brokers to register or obtain written authorization before engaging in brokering.

 

Article 11

Diversion:

 

Article 12

Record keeping:

1. Each State Party shall maintain national records, pursuant to its national laws and regulations, of its issuance of export authorizations or its actual exports of the arms covered under Article 2 (1).
2. Each State Party is encouraged to maintain records of arms covered under Article 2 (1) that are transferred to its territory as the final destination or that are authorized to transit or trans-ship territory under its jurisdiction. 3. Each State Party is encouraged to include in those records: the quantity, value, model/type, authorized international transfers of conventional arms covered under Article 2 (1), conventional arms actually transferred, details of exporting State(s), importing State(s), transit and trans-shipment State(s), and end users, as appropriate.
3. Records shall be kept for a minimum of ten years.

 

Article 13

Reporting:

1. Each State Party shall, within the first year after entry into force of this Treaty for that State Party, in accordance with Article 22, provide an initial report to the Secretariat of measures undertaken in order to implement this Treaty, including national laws, national control lists and other regulations and administrative measures. Each State Party shall report to the Secretariat on any new measures undertaken in order to implement this Treaty, when appropriate. Reports shall be made available, and distributed to States Parties by the Secretariat.
2. Each State must report to each other on effect measures in the diversion of transferred conventional arms covered under Article 2 (1).
3. Each State Party shall submit annually to the Secretariat by 1 January a report for the preceding calendar year concerning authorized or actual exports and imports of conventional arms covered under Article 2 (1).  These reports must include all imports and exports of arms under Article 2 (1). These reports must be made available to the Secretariat and then distributed to all State Parties, and International Arms Control Regimes, by the Secretariat.
4. Reports to Interpol on all forms of imports and exports shall be distributed by the Secretariat.

Article 14

Enforcement:

Each State Party shall take appropriate measures to enforce national laws and regulations that implement the provisions of this Treaty.

This may include but is not limited to:

-Political sanctions

-Economic sanctions

-Military action

Each Party State will work alongside International Organizations to assist in investigations, verification and enforcement.

 

Article 15

International Cooperation:

 

Article 16

International Assistance:

 

Article 17

Conference of States Parties:

 

Article 18

Secretariat:

 

Article 19

Dispute Settlement:

1. States Parties shall consult and, by mutual consent, cooperate to pursue settlement of any dispute that may arise between them with regard to the interpretation or application of this Treaty including through negotiations, mediation, conciliation, judicial settlement or other peaceful means.
2. States Parties may pursue, by mutual consent, arbitration to settle any dispute between them, regarding issues concerning the interpretation or application of this Treaty.

 

Article 20

Amendments

 

Article 21

Signature, Ratification, Acceptance, Approval or Accession

 

Article 22

Entry into Force:

 

Article 23

Provisional Application:

Any State may at the time of signature or the deposit of instrument of its ratification, acceptance, approval or accession, declare that it will apply provisionally Article 6 and Article 7 pending the entry into force of this Treaty for that State.

 

Article 24

Duration and Withdrawal:

1. This Treaty shall be of unlimited duration.
2. Each State Party shall, in exercising it national sovereignty, have the right to withdraw from this Treaty. It shall give notification of such withdrawal to the Depositary, which shall notify all other State Parties. The notification of withdrawal must include an explanation of the reasons for its withdrawal. The notice of withdrawal shall take effect ninety days after the receipt of the notification of withdrawal by the Depositary, unless notification of withdrawal specifies a later date.
3. A State shall not be discharged, by reason of withdrawal, from the obligations arising from this Treaty while it was a Party to this Treaty, including any financial obligations that it may have accrued.

 

Article 25

Reservations:

1. At the time of signature, ratification, acceptance, approval or accession, each State may formulate reservations, unless the reservations are incompatible with the object and purpose of this Treaty.

 

2. A State Party may withdraw its reservation at any time by notification to this effect addressed to the Depositary.

 

Article 26

Relationship with Other International Agreements:      

1. The implementation of this Treaty shall not prejudice obligations undertaken by States Parties with regard to existing or future international agreements, to which they are parties, where those obligations are consistent with this Treaty.
2. This Treaty shall not be cited as grounds for voiding defence cooperation agreements concluded between States Parties to this Treaty.

                                   

 

Article 27

Depository:                                                                                                                           

The Secretary-General of the United Nations shall be the Depositary of this Treaty.

 

Article 28

Authentic Texts:

The original text of this Treaty, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.