Arms transfer principles.

Arms transfers may be conducted only if the proposed recipient state, or recipient party in the country of final destination, is in compliance with all of the following principles:

Compliance with international human rights standards (Article 3)

A. Arms transfers may be conducted only if it can be reasonably demonstrated that the proposed transfer will not be used by the recipient state, or recipient party in the country of final destination, to contribute to grave violations of human rights, such as:

* genocide and other crimes against humanity, for example "ethnic cleansing;"

* extra-legal, summary or arbitrary executions;

* enforced disappearances;

* torture or other forms of cruel, inhuman or degrading treatment or punishment;

* detentions in violation of international human rights standards.

B. Arms transfers may be conducted only if the proposed recipient state, or recipient party in the country of final destination:

* vigorously investigates, prosecutes and brings to justice those responsible for the above-mentioned violations and abuses of human rights and violations of the laws and customs of war;

* makes it part of the training of the armed forces and law enforcement agencies that anyone ordered to commit the above-mentioned grave violations has a duty to refuse;

* works towards the establishment of impartial and independent bodies that oversee the protection of human rights and does not impede the free functioning of domestic and international human rights organisations.

Compliance with international humanitarian law (Article 4)

Arms transfers may be conducted only if the proposed recipient state, or recipient party in the country of final destination:

* does not engage in, or sponsor, grave breaches of the laws and customs of war as set forth in the Geneva Conventions of 1949, and additional Protocols of 1977, and other rules and principles of international humanitarian law applicable during inter-state or intra-state armed conflict which, for example, prohibit arbitrary and summary execution, indiscriminate killing, mutilation, torture and cruel treatment, and hostage taking;

* provides access on a regular basis to humanitarian non- governmental organisations in time of conflict or humanitarian emergency, including access of the International Committee of the Red Cross to detainees;

* co-operates with international tribunals, either ad hoc or general, with the power to adjudicate violations of the rules listed above.

Respect for democratic rights (Article 5)

Arms transfers may be conducted only if the proposed recipient state:

* allows its citizens to choose their representatives through free and fairly contested periodic elections that feature secret balloting;

* permits its citizens to express their political views through the freedom to speak, disseminate ideas and information, assemble, associate, and organise, including the organisation of political parties;

* has civilian institutions that determine national security policy and control the operations and spending of the armed forces and law enforcement agencies.

Respect for international arms embargoes and military sanctions (Article 6)

Arms transfers may be conducted only if the proposed recipient state, or recipient party in the country of final destination:

* is in compliance with international agreements relating to arms embargoes and other military sanctions decreed by the United Nations Security Council, whether or not they have been adopted specifically under Chapter VII of the UN Charter;

* is in compliance with arms embargoes and other military sanctions decreed by regional organisations or regional arrangements to which it is a party.

Participation in the United Nations Register of Conventional Arms (Article 7)

Arms transfers may be conducted only if the recipient state fully participates in reporting arms transfers to the United Nations Register of Conventional Arms, as defined in United Nations General Assembly Resolution 46/36 L of December 9, 1991.

Commitment to promote regional peace, security and stability (Article 8)

Arms transfers may be conducted only if the proposed recipient state, or recipient party in the country of final destination:

* is not involved in an armed conflict in the region, unless it is recognised by the UN as being engaged in an act of self-defence in accordance with Article 51 of the UN Charter; or is playing a role in a UN-mandated operation;

* is not, as a result of this transfer, introducing weapons beyond those considered appropriate for its legitimate self-defence; or introducing a significantly more advanced military technology into the region;

* recognises the right of other UN-recognised states in the region to exist within agreed boundaries, and agrees to submit disputes relating to territorial claims to third party settlement;

* carries out and/or respects an agreed cease-fire as party to a former conflict;

* does not advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, in particular propaganda inciting individuals to overthrow their own or a foreign government, or inflammatory propaganda in pursuit of the vindication of territorial claims;

* is not engaged in armed actions or practices which are likely to lead to a significant number of displaced persons or refugees.

Opposition to terrorism (Article 9)

Arms transfers may be conducted only if the proposed recipient state, or recipient party in the country of final destination:

* has ratified, and is not in violation of, the international conventions and instruments concerning terrorism or acts associated with terrorism, including, for example: the Tokyo Convention on Offences and Certain Acts Committed Onboard Aircraft; the Hague Convention for the Suppression of Unlawful Seizure of Aircraft; the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civilian Aircraft; the Convention on Offences Against Internationally Protected Persons (New York Convention); the International Convention Against the Taking of Hostages (Hostages Convention); and the Convention on the Physical Protection of Nuclear Material;

* is in compliance with the international obligations relating to the apprehension and prosecution or extradition of terrorist suspects found within the territory of the recipient state; or of persons indicated by an international ad hoc War Crimes Tribunal or by an international criminal tribunal;

* does not allow its territory to be used as a base for terrorists, or as a base to supply or direct terrorists.

Promotion of human development (Article 10)

Arms transfers may be conducted only if the recipient state's expenditures on health and education combined exceed its military expenditures, unless the recipient state can reasonably demonstrate that such transfers are justified by exceptional needs to counter acts of aggression.