Conventions Transparency Acquisitions Conventional Weapons - Full Text Of The Norm

Original Language Title: CONVENCIONES TRANSPARENCIA ADQUISICIONES ARMAS CONVENCIONALES - Texto completo de la norma

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Conventions Law 25.843 Approve the Inter-American Convention on the Transparency of Conventional Arms Procurement, adopted by the Organization of American States on 7 June 1999. Sanctioned: November 26, 2003 Cast: February 19, 2004.

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. They sanction with force of law:

ARTICLE 1 Approve the Inter-American Convention on Transparency in Conventional Arms Procurement, adopted by the Organization of American States on 7 June 1999. ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTISEIES OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . MARCELO G. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan J. Estrada.

INTERAMERICAN CONVENTION ON TRANSPARENCE IN AG/RES ADQUISITIONS OF CONVENTION ARMS. 1607 (XXIX-O/99)

(Resolution adopted at the 1st plenary meeting, on 7 June 1999)

STATES PARTIES,

INCLUDING its commitments to the United Nations and the Organization of American States to contribute more fully to openness and transparency through the exchange of information on the weapons systems covered by the United Nations Register of Conventional Arms;

RECALLING the importance of annual reporting to the United Nations Register of Conventional Arms on imports and exports, stockpiles of the armed forces and acquisitions through the national production of major weapons systems;

TENIENDO comoo FUNDAMENTO AND REAFIRMANDO las declaraciones de Santiago (1995) y San Salvador (1998) sobre medidas de promoción de la seguridad y de la seguridad, que recomn la aplicación de dichas medidas en la manera que sea más adecuada;

RECOGNIZING that, in accordance with the Charter of the Organization of American States and the Charter of the United Nations, Member States have an inherent right of self-defence, individually or collectively;

RECOGNIZING that the commitments made in this Convention constitute an important step towards achieving one of the essential purposes set out in the Charter of the Organization of American States, that of "accommodating an effective limitation of conventional arms that would allow the greatest amount of resources to be devoted to the economic and social development of Member States";

RECOGNIZING the importance of the international community contributing to the object of this Convention; and

EXPRESSING its intention to continue consideration of appropriate steps to advance the effective limitation and control of conventional weapons in the region,

They've agreed to the following:

ARTICLE I

DEFINITIONS

For the purposes of this Convention:

a. "Conventional weapons" means the systems described in Annex I to this Convention. Annex I is an integral part of this Convention.

b. "acquisitions" means obtaining conventional weapons through the purchase, lease, donation, asdato or any other means, either from foreign suppliers or through national production. Acquisitions do not include the acquisition of prototypes, articles under development or equipment at the stage of investigation, development, testing or evaluation, to the extent that such prototypes, items or equipment are not incorporated into the inventories of the armed forces.

c. "Incorporation to the inventories of the armed forces" means the entry into service of the conventional weapon, even for a limited period of time.

ARTICLE II

OBJECT

The purpose of this Convention is to contribute more fully to regional openness and transparency in the acquisition of conventional weapons, through the exchange of information on such procurement, in order to build confidence among the States of the Americas.

ARTICLE III

ANNUAL REPORTS ON THE IMPORTATIONS AND EXPORTS OF CONVENTIONal WEAPONS

1. States Parties shall report annually to the depositary on their imports and exports of conventional weapons in the previous calendar year, providing information, in the case of imports, on the exporting State, and the quantity and type of conventional arms imported; and in the case of exports, information on the importing State, and the quantity and type of conventional arms exported. Any State Party may supplement its information by adding any additional data it deems relevant, such as the designation and model of conventional weapons.

2. The information submitted under this article shall be provided to the depositary as soon as possible, or in any event no later than 15 June of each year.

3. The information submitted pursuant to this article shall be submitted in the formats of annex II (A) and (B).

ARTICLE IV

INTERCHANGE OF INFORMATION ON ADQUISITIONS OF CONVENTIONal WEAPONS

In addition to providing the annual reports under Article III, States Parties shall notify the depositary of conventional arms procurement, as follows:

a. Notification of procurement through import. Such notifications to the depositary shall be made no later than 90 days after such conventional weapons have been incorporated into the inventories of the armed forces. Notifications will indicate the exporting State, as well as the quantity and type of conventional weapons that have been imported. Any State Party may supplement its information by adding any additional data it deems relevant, such as the designation and model of conventional weapons. The reports submitted pursuant to this paragraph shall be submitted in the format of annex II (C).

b. Notification of procurement through national production. Such notifications to the depositary shall be made no later than 90 days after such conventional weapons have been incorporated into the inventories of the armed forces. Notifications will indicate the quantity and type of conventional weapons. Any State Party may supplement its information by adding any additional data it deems relevant, such as the designation and model of arms. Without prejudice to any other provision of this Convention, States Parties may also supplement these notifications with information on the reconfiguration or modification of conventional weapons. In order to promote greater transparency in procurement through national production, the obligation of each State party to notify under this paragraph may be met, in accordance with its domestic legislation, by notifying the depositary of the allocation of national funds for conventional weapons to be incorporated into the inventories of that State during the next fiscal year. The reports submitted pursuant to this paragraph shall be submitted in the format of annex II (D).

c. Notification of lack of activity. States Parties that have not had imports or acquisitions of conventional weapons through national production during the previous calendar year shall notify the depositary as soon as possible, or in any event no later than 15 June. The reports submitted pursuant to this paragraph shall be submitted in the formats of annex II (A) and (B).

ARTICLE V

INFORMATION OF OTHER STATES

Any non-member State of the Organization of American States may contribute to the object of this Convention by providing annual information to the depositary on its conventional arms exports to the States Parties to this Convention. Such information may identify the importing State, and the quantity and type of conventional arms exported, and may include any relevant additional element, such as the designation and model of conventional weapons.

ARTICLE VI

CONSULTATIONS

States Parties may be consulted near the information provided under this Convention.

ARTICLE VII

IMPLEMENTATION AND INTERPRETATION

Disputes that may arise around the application or interpretation of this Convention shall be resolved by any means of peaceful settlement agreed upon by the States Parties involved, which undertake to cooperate for this purpose.

ARTICLE VIII

CONFERENCES OF STATES PARTIES

Seven years after the entry into force of this Convention, and upon the proposal of a majority of States Parties, the depositary shall convene a conference of States Parties. The purpose of the conference, and subsequent, will be to review the operation and implementation of the Convention and to consider further transparency measures consistent with the object of the Convention, including amendments to the categories of conventional weapons contained in annex I, in accordance with article XI.

ARTICLE IX

FIRMA

This Convention is open for signature by all Member States of the Organization of American States.

ARTICLE X

IN VIGOR

This Convention shall enter into force on the thirtieth day from the date of deposit in the General Secretariat of the Organization of American States of the sixth instrument of ratification, acceptance, approval or accession by a Member State of the Organization of American States. For any other Member State of the Organization of American States, the Convention shall enter into force on the thirtieth day from the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

ARTICLE XI

AMENDMENTS

Any State Party may submit a proposal to amend this Convention to the depositary, which shall make it known to all States Parties. Upon request from most States parties, the depositary shall, after a period of not less than 60 days from the date of such a request, convene a conference of States parties to consider the proposed amendment. This amendment shall be adopted if approved by the two thirds of the States Parties present at the conference. The amendment thus adopted shall enter into force for each State Party ratifying, adopting or acceding to it 30 days after two thirds of the States Parties deposited the respective instruments of ratification, acceptance or approval of the amendment, or accession thereto. Subsequently, such an amendment shall enter into force for any other State Party 30 days after the State party has deposited its instrument of ratification, acceptance or approval of the amendment, or accession thereto.

ARTICLE XII

DURATION AND DENUNCIA

This Convention shall remain in force indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After 12 months after the date of deposit of the instrument of denunciation, the Convention shall cease its effects for the reporting State but shall remain in force for the other States Parties.

ARTICLE XIII

BOOKS

States Parties may make reservations to this Convention at the time of its adoption, signature, ratification, acceptance, adoption or accession, provided that they are not incompatible with the object and purpose of the Convention and are concerned with one or more specific provisions.

ARTICLE XIV

CONTENTS

1. The depositary of this Convention is the General Secretariat of the Organization of American States.

2. Upon receipt of the information provided by a State party under article III or IV of this Convention, the depositary shall transmit it without delay to all States Parties.

3. The depositary shall submit to States Parties a consolidated annual report of the information provided under this Convention.

4. The depositary shall notify States parties of any proposal received for the convening of a conference of States Parties under Article VIII.

5. The depositary shall receive and distribute to States Parties any information submitted under article V.

ARTICLE XV

DEPOSITE OF THE CONVENTION

The original instrument of this Convention, whose texts in English, French, English and Portuguese are equally authentic, shall be delivered to the depositary, which shall transmit an authentic copy thereof to the Secretariat of the United Nations for registration and publication, in accordance with article 102 of the Charter of the United Nations. The depositary shall notify the Member States of the Organization of American States of the signatures, deposits of instruments of ratification, acceptance, approval, accession or denunciation, as well as any reservations.

Annex I

The list of conventional weapons covered by this Convention is set out below. This list is based on the United Nations Register of Conventional Arms.

In accordance with article I, the present annex is an integral part of this Convention. Any modification of the amendment shall be taken in accordance with the amendment procedure provided for in article XI.

I. Combat carts

Armoured combat vehicles, motor vehicles, wheels or caterpillars with high mobility for all terrain and a high level of self-protection, of at least 16.5 metric tonnes of tara, equipped with a high-speed direct gun with a minimum calibre of 75 millimetres.

II. Armoured combat vehicles

Automotive vehicles of wheels, caterpillars or semi-tracks equipped with armoured protection and capacity for all terrain: (a) designed and equipped to transport a four infantry combat group or more; or (b) equipped with an integrated or organic weapon of a minimum calibre of 12.5 millimetres or with a missile launcher.

III. Large-calibre artillery systems

Guns, shells, artillery pieces that bring together the characteristics of cannons or obuses, mortars or multiple launcher systems capable of attacking ground targets especially by indirect shooting, of a calibre of 100 millimetres or more.

IV. Combat aircraft

Fixed or geometric wing aircraft, designed, equipped or modified to attack targets by means of guided missiles, non-guided rockets, bombs, machine guns, cannons and other weapons of destruction, including versions of these aircraft carrying out specialized actions of electronic war, suppression of air defences or reconnaissance missions. The term "fighting aircraft" does not include the aircraft used primarily for training purposes, unless they have been designed, equipped or modified in the manner described.

V. Attack helicopters

Rotary wing aircraft, designed, equipped or modified to attack targets by means of guided or non-guided anti-trail, air-to-ground, air-to-surface or air-to-air weapons and equipped with firing control systems and aim for such weapons, including versions of these aircraft performing specialized reconnaissance or electronic war missions.

VI. Warships

Armed and equipped ships or submarines for military purposes of 750 metric tons or more of rosca displacement and other less than 750 metric tons of rosca displacement equipped for the launch of missiles of at least 25 kilometres of range or torpedoes of similar range.

VII. Missiles and missile launchers

Guided or unguided rockets, ballistic or cruise missiles capable of transporting explosive or destruction weapons at a distance of at least 25 kilometres and means designed or modified specifically to launch such missiles or rockets, if not included in categories I to VI. This category:

a. It also includes remote-controlled vehicles that have previously defined characteristics for missiles;

b. It does not include ground-to-air missiles.

Annex II (A)

INTERAMERICAN CONVENTION ON TRANSPARENCE IN CONVENTION ARMS

ARTICLE III - ANNUAL REPORT OF

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Annex II (B)

INTERAMERICAN CONVENTION ON TRANSPARENCE IN CONVENTION ARMS

ARTICLE III - ANNUAL REPORT OF NEWS OF EXPORTS

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Annex II (C)

INTERAMERICAN CONVENTION ON TRANSPARENCE IN CONVENTION ARMS

ARTICLE IV - NOTIFICATION OF THE ADQUISITIONS

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Annex II (D)

INTERAMERICAN CONVENTION ON TRANSPARENCE IN CONVENTION ARMS

ARTICLE IV - NATIONAL PRODUCTION

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