Suggestions for common standards/criteria for the import,

export and
transfer of conventional arms, July 2010

The ATT should contain high common standards/criteria that will give full
effect to the goals and objectives of the treaty. A fundamental goal and
objective should be:
• To prevent international transfers of conventional arms that provoke or
prolong armed conflict, violate UN arms embargoes, and that
contribute to serious violations of international human rights law and
international humanitarian law, the displacement of people, gender-
based violence, organized crime, terrorist acts and poverty.

Common standards/criteria

1. Each application to license or authorise an export of conventional arms

should be assessed through an effective, objective inquiry and on a
case–by-case basis.

2. An export license or authorisation shall not be issued where the export:

a. would violate any measure adopted by the Security Council
acting under Chapter VII of the Charter of the United Nations
including UN arms embargoes;
b. would violate an arms embargo adopted by a regional or sub-
regional organisation to which a State is a party;
c. would violate a treaty obligation on non-proliferation, small arms
and light weapons or other arms control and disarmament
agreement to which a State is a party.

3. An export license or authorisation shall not be issued where there is a

substantial risk that the export under assessment is likely to:
a. be used to facilitate or commit serious violations of international
human rights law;
b. be used to facilitate or commit serious violations of international
humanitarian law;
c. seriously impair poverty reduction or socio-economic
development;
d. be used to facilitate or commit acts of genocide or crimes
against humanity or any other crimes of international law;
e. be used to facilitate or commit terrorist attacks;
f. be used in the commission of transnational organised crime;
g. perpetuate a pattern of violent crime or sexual or gender-based
violence; or
h. be diverted from the specifically authorised legal end-use or
legal end-user or be retransferred without authorisation or for
use as set out in a) – g) above.

4. In assessing an export license or authorisation application, States shall

consider:
a. the compatibility of that export with its international, regional or
 sub-regional commitments or decisions on non-proliferation,
small arms and light weapons, arms control and disarmament;
b. whether the export would adversely affect regional security and
stability, or contribute to the excessive and destabilising
accumulation of arms;
c. the desirability that States should meet their legitimate security
and defence needs with the least diversion for arms of human
and economic resources;
d. the record of compliance by the recipient State with end-use
undertakings and transparency in the field of conventional arms
control;
e. the ability and willingness of the recipient State to implement
stockpile management and security procedures and to protect
against unauthorized transfers, loss, theft and diversion.