STRATEGIC SECURITY ANALYSIS
SYNERGIES BETWEEN THE ARMS TRADE TREATY AND THE WASSENAAR ARRANGEMENT
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Catherine A. eohary, Conventional Arms Transfers to Developing Nations, 2008-
2015, Congressional Research Service, 19 December 2016, p. 3.
Pieter D. Wezeman, Aude Fleurant, Alexandra Kuimova, Nan Tian and Siemon T.
Wezeman, Trends in International Arms Transfers, 2018, SIPRI Fact Sheet, Stockholm
International Peace Research Institute, March 2019, p.1.
Arms Trade Trea; adopted at the UN General Assembly in New York, 2
April 2013; entered into force, 24 December 2014. For a general overview and
regularly updated information, see the ATT’s webpage, retrievable at: hps://
thearmstradetrea.org/
See, notably: e Wassenaar Arrangement on Export Controls for Conventional
Arms and Dual-Use Goods and Technologies, Initial Elements, adopted at the
Plenary of 11-12 July 1996, amended at the Plenaries of 1999, 2001 and 2002. See:
Wassenaar Arrangement, Public Documents, Volume I, Founding Documents,
Compiled by the WA Secretariat, February 2017. For a general overview and
regularly updated information, see the Wassenaar Arrangement’s webpage,
retrievable at: hps://www.wassenaar.org/
e WA has been established to contribute to regional and international securi
and stabili, by promoting transparency and greater responsibili in transfers
of conventional arms and dual-use goods and technologies, thus preventing
destabilising accumulations. e aim is also to prevent the acquisition of these
items by terrorists. See: WA Initial Elements, op. cit., n. 4, s. I; and hps://www.
wassenaar.org/about-us/
For the list of all WA participating states, see the graph on page 5.
e conventional weapons and related dual-use goods and technologies covered
by the WA are listed in the WA ‘Munitions List’ and ‘List of Dual-Use Goods and
Technologies’. While the Munitions List contains 22 categories, the Dual-Use
List contains nine categories of dual-use goods and technologies. ese lists are
regularly updated and publicly available. See: Wassenaar Arrangement, Public
Documents, Volume II, List of Dual-Use Goods and Technologies and Munitions
List, Compiled by the WA Secretariat, December 2018.
e WA has adopted 23 best practices and guidelines as of May 2019, according
to the following categories: Documents of General Use, Arms Transfers,
Transit/Trans-shipment, Demilitarised Military Equipment, Dual-Use Goods
and Technologies, Industry and Academia, End Use and End User Controls, and
Applicant Countries. See: Wassenaar Arrangement, Public Documents, Volume
III, Compendium of Best Practice Documents, Compiled by the WA Secretariat,
December 2018.
WA Initial Elements, op. cit., n. 4, s. IV-VI; and Appendix 1-3.
e ATT’s object is to establish common international standards for regulating
and improving the regulation of the international trade in conventional arms as
well as prevent and eradicate the illicit trade in arms and prevent their diversion.
It aims to contribute to international and regional peace, securi and stabili
as well as reduce human suering. Furthermore, it aims to promote cooperation,
transparency and responsible action by its states parties, thereby building
confidence. See: Article 1 of the ATT.
Article 5 of the ATT.
Article 6 of the ATT.
Article 7 of the ATT.
Article 13 of the ATT.
For the list of all ATT states parties, see the graph on page 5.
U.S. President Donald Trump announced on 26 April 2019, however, that the U.S.
government would revoke its signature of the ATT. See: Roberta Rampton, Trump
pulling U.S. out of U.N. arms trea, heeding NRA, Reuters, 26 April 2019, retrievable
at: hps://www.reuters.com/article/us-usa-guns-nra-trump/trump-expected-
to-withdraw-u-s-from-arms-trade-trea-idUSKCN1S21RD
WA Initial Elements, op. cit., n. 4, s. IX.
While the ATT itself does not speci if meetings are to be held publicly
or closed, Article 13 of the ATT’s rules of procedures establishes that the
Conferences of States Parties (CSP) and their informal preparation meetings
- which include three thematic working groups - are public unless otherwise
decided. Discussions in 2018 resulted in the decision to continue public meetings
yet retain the option of closed meetings. See: Rules of Procedure, Arms Trade
Trea, ATT/CSP1/CONF/1, 25 August 2015; and (Non-Paper) Summary of the
informal consultation on the provisions of the terms of reference of the ATT
Working Groups regarding the holding of closed meetings, ATT/CSP4/2018/
PRES/362/Conf.ClosedMeet, 27 July 2018.
In accordance with Article 13(3) of the ATT, the large majori of ATT states
parties make their annual reports on exports and imports of conventional arms
under Article 2(1) of the ATT publicly available.
WA List of Dual-Use Goods and Technologies and Munitions List, op. cit., n. 7.
Best Practice Guidelines for Exports of Small Arms and Light Weapons (SALW),
agreed at the 2002 Plenary, amended at the 2007 Plenary; Best Practices to
Prevent Destabilising Transfers of Small Arms and Light Weapons (SALW)
through Air Transport, agreed at the 2007 Plenary; and Elements for Export
Controls of Man-Portable Air Defence Systems (MANPADS), agreed at the 2003
Plenary, amended at the 2007 Plenary. See: WA Compendium of Best Practice
Documents, op. cit., n. 8, pp. 17-26.
Introduction to End User / End Use Controls for Exports of Military-List
Equipment, agreed at the 2014 Plenary; Statement of Understanding on
Implementation of End-Use Controls for Dual-Use Items, agreed at the 2007
Plenary; and End-User Assurances Commonly Used Consolidated Indicative List,
agreed at the 1999 Plenary, amended at the 2005 Plenary. See: WA Compendium
of Best Practice Documents, op. cit., n. 8, pp. 75-86.
While the WA Plenary is the decision-making body of the Arrangement, the
main subsidiary bodies are the General Working Group (GWG) dealing with
policy-related maers, and the Experts Group (EG) addressing issues related to
the lists of controlled items. See: WA Initial Elements, op. cit., n. 4, s. VII; and
hps://www.wassenaar.org/about-us/
States parties to the ATT are bound under international law to implement
and comply with the Trea’s provisions; a failure to do so triers states’
international responsibili.
Notably the ATT’s preamble reflects the many political considerations and
implications of the ATT and its application. Discussions at the ATT Conference
of States Parties as well as their informal preparatory meetings are oentimes
subject to these political and diplomatic dimensions.
See, in this regard, the Statement by the Wassenaar Arrangement on the Arms
Trade Trea (ATT), 3 June 2013. See: Wassenaar Arrangement, Public Documents,
Volume IV, Background Documents and Plenary-related and Other Statements,
Compiled by the WA Secretariat, December 2017, p. 65.
ATT Working Group on Eective Trea Implementation, Chair’s Dra Report to
CSP4, ATT/CSP4.WGETI/2018/CHAIR/355/Conf.Rep, 20 July 2018, p. 7.
Fourth Conference of States Parties Final Report, ATT/CSP4/2018/SEC/369/
Conf.FinRep.Rev1, 24 August 2018, p. 3.
Such views had been issued during the ATT negotiations. e entry into force
of the ATT as well as international assistance and support oered by WA
participating states and WA ocials may have well altered this view, however.
Best Practices for Eective Export Control Enforcement, agreed at the 2000
Plenary, amended at the 2016 Plenary. See: WA Compendium of Best Practice
Documents, op. cit., n. 8.
Best Practice Guidelines for Transit or Trans-shipment, agreed at the 2015 Plenary.
See: WA Compendium of Best Practice Documents, op. cit., n. 8, pp. 39-40.
Best Practices for Eective Legislation on Arms Brokering, agreed at the 2003
Plenary, amended at the 2016 Plenary. See: WA Compendium of Best Practice
Documents, op. cit., n. 8, pp. 31-33.
Elements for Objective Analysis and Advice Concerning Potentially
Destabilising Accumulations of Conventional Weapons, adopted at the 1998
Plenary, amended at the 2004 and 2011 Plenary. See: WA Compendium of Best
Practice Documents, op. cit., n. 8, pp. 1-5.
References