Law On Consent To The Treaty On The Arms Trade, Done At New York On 2 April 2013 (1) (2)

Original Language Title: Loi portant assentiment au Traité sur le commerce des armes, fait à New York le 2 avril 2013 (1) (2)

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belgiquelex.be - Carrefour Bank of Legislation

22 MAI 2014. - An Act to Accredit the Arms Trade Treaty, made in New York on April 2, 2013 (1) (2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Arms Trade Treaty, made in New York on 2 April 2013, will come out with its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Economy,
J. VANDE LANOTTE
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be): Documents: 5-2520 - Annales of the Senate: 27/03/2014.
House of Representatives (www.lachambre.be): Documents: 53-3506 - Full report: 23/04/2014.
(2) See the decree of the Flemish Region of 25 April 2014 (Belgian Monitor of ???), the decree of the Walloon Region of 28 November 2013 (Belgian Monitor of 5 December 2013) and the order of the Brussels Capital Region of 3 April 2014 (Belgian Monitor of 13 May 2014).

Arms Trade Treaty
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, under which the establishment and maintenance of international peace and security must be promoted by diverting to armaments only the minimum of the human and economic resources of the world,
Emphasizing the need to prevent and eliminate the illicit trade in conventional weapons and to prevent their diversion to illicit trade or for unauthorised final use, or to unauthorized end-users, including for the purposes of the commission of terrorist acts,
Recognizing to States legitimate political, security, economic and commercial interests in the international trade in conventional arms,
Reaffirming the sovereign right of any State to regulate and control conventional weapons exclusively within its territory under its own legal or constitutional order,
Recognizing that peace and security, development and human rights are pillars of the United Nations system and the foundation of collective security, and recognizing that development, peace and security, as well as human rights are interdependent and mutually reinforcing,
Recalling the Guidelines for International Arms Transfers established by the United Nations Disarmament Commission and adopted by the General Assembly in its resolution 46/36 H 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, 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,
Recognizing the security, social, economic and humanitarian consequences of illegal trade and unregulated trade in conventional arms,
Recognizing that the vast majority of persons affected by armed conflict and armed violence are civilians, in particular women and children,
Recognizing also the difficulties faced by victims of armed conflict, which need to be addressed, rehabilitated and social and economic reintegration,
Stressing that no provision of this Treaty prohibits a State from maintaining or taking additional effective measures to contribute to the realization of the object and purpose of this Treaty,
Aware that the trade, possession and use of certain conventional weapons, including for leisure, cultural, historical or sporting activities, are lawful or legal, provided that such trade, possession and use are permitted or protected by law,
Recognizing also the role that regional organizations can play in assisting States Parties, if requested, in implementing this Treaty,
Acknowledging that civil society, including non-governmental organizations, and the industrial sector, can actively contribute, on their own initiative, to publicizing the object and purpose of this Treaty and contribute to their realization,
Considering that the regulation of international trade in conventional arms and the prevention of their diversion should not impede international cooperation and the lawful trade in equipment, equipment and technology for peaceful purposes,
Stressing the desirability of achieving universal adherence to this Treaty,
Determined to act in accordance with the following principles:
Principles
- The natural right of self-defence, individual or collective, recognized to all States in Article 51 of the Charter of the United Nations;
- The settlement of international disputes by peaceful means, so as not to endanger international peace and security and justice, in accordance with Article 2 (3) of the Charter of the United Nations;
- Abstention, in their international relations, of the use of the threat or use of force, either against the territorial integrity or political independence of any State, or in any other way incompatible with the purposes of the United Nations, in accordance with Article 2 (4) of the Charter of the United Nations;
- non-intervention in matters that are essentially within the national jurisdiction of any State, in accordance with Article 2 (7) of the Charter of the United Nations;
- The obligation to respect and enforce international humanitarian law, in accordance, inter alia, with the Geneva Conventions of 1949, and to respect and enforce human rights, in accordance, inter alia, with the Charter of the United Nations and the Universal Declaration of Human Rights;
- The responsibility of each State to regulate, in accordance with its international obligations, the international trade in conventional arms and to prevent its diversion and, first and foremost, the establishment and implementation of a national control regime;
- Respect for the legitimate interest of any State to acquire conventional weapons to exercise its right to self-defence and to contribute to peacekeeping operations, and to produce, export, import and transfer conventional weapons;
- The need to apply this Treaty in a coherent, objective and non-discriminatory manner;
The following agreed:
Article 1er
Purpose and purpose
The purpose of this Treaty is to:
- Establish the strictest common standards for regulating or improving the regulation of international conventional arms trade;
- Prevent and eliminate the illicit trade in conventional weapons and prevent the diversion of such weapons;
to:
- Contribute to international and regional peace, security and stability;
- Reduce human suffering;
- To promote the cooperation, transparency and responsible action of the States Parties in the international trade in conventional arms and thus build trust among those States.
Article 2
Scope
1. This Treaty applies to all conventional weapons under the following categories:
(a) Combat tanks;
(b) Armoured combat vehicles;
(c) Large-calibre artillery systems;
(d) Combat aircraft;
(e) Combat helicopters;
(f) Warships;
(g) Missile and missile launchers;
(h) Small arms and light weapons.
2. For the purposes of this Treaty, international trade activities include export, import, transit, trans-shipment and brokerage, as described below as "transfer".
3. This Treaty does not apply to international transport by any State Party or on its behalf of conventional weapons for its use, provided that such weapons remain its property.
Article 3
Munitions
Each State Party shall establish and maintain a national control regime to regulate the export of ammunition drawn, launched or delivered by conventional weapons referred to in Article 2 (1) of this Treaty and shall apply the provisions of Articles 6 and 7 before authorizing the export of such ammunition.
Article 4
Parts and components
Each State Party shall establish and maintain a national control regime to regulate the export of parts and components, where the export is made in a form that makes possible the assembly of conventional weapons referred to in Article 2 (1) and shall apply the provisions of Articles 6 and 7 before authorizing the export of such parts and components.
Article 5
General implementation
1. Each State Party shall apply in a coherent, objective and non-discriminatory manner the provisions of this Treaty in the light of the principles contained therein.
2. Each State Party shall establish and maintain a national control regime, including a national control list, to implement the provisions of this Treaty.
3. Each State Party is encouraged to apply the provisions of this Treaty to as wide a range of conventional weapons as possible. No national definition of any of the categories referred to in section 2 (1) (a) to (g) will refer to more limited descriptions than those used in the United Nations Register of Conventional Arms when this Treaty comes into force. With respect to the category referred to in section 2 (1) (h), national definitions will not refer to descriptions of a more limited scope than those used in the relevant instruments of the United Nations when this Treaty comes into force.
4. Each State Party shall, under its domestic law, communicate its national checklist to the Secretariat, which shall bring it to the attention of other States Parties. States Parties are encouraged to make their checklist public.
5. Each State Party shall take all necessary measures to implement the provisions of this Treaty and shall designate the competent national authorities to have an effective and transparent national control regime intended to regulate the transfers of conventional arms referred to in Article 2 (1) or any other property referred to in Articles 3 and 4.
6. Each State Party shall designate one or more national focal points for the exchange of information relating to the implementation of this Treaty. Each State Party shall provide to the Secretariat, established pursuant to Article 18, any information concerning its or its national points of contact and shall keep such information up to date.
Article 6
Prohibitions
1. No State Party shall authorize the transfer of conventional arms referred to in article 2 (1) or any other property referred to in articles 3 or 4 that violates its obligations arising from measures taken by the Security Council of the United Nations acting under Chapter VII of the Charter of the United Nations, in particular arms embargoes.
2. No State Party shall authorize the transfer of conventional arms referred to in Article 2 (1) or any other property referred to in Articles 3 or 4 that violates its international obligations resulting from the relevant international agreements to which it is a party, in particular those relating to the international transfer or illicit trafficking in conventional arms.
3. No State Party shall authorize the transfer of conventional arms referred to in Article 2 (1) or any other property referred to in Articles 3 or 4 if it is aware, at the time the authorization is requested, that such weapons or property may be used to commit genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, attacks against civilians or property of a civil character and protected as such agreements, or other crimes
Article 7
Export and assessment of export applications
1. If the export is not prohibited by Article 6, each exporting State, before authorizing the export of conventional weapons referred to in Article 2 (1) or any other property referred to in Articles 3 or 4, according to its jurisdiction and in accordance with its national control regime, shall, in an objective and non-discriminatory manner, assess, taking into account any useful element, including information provided by the importing State in respect of such weapons
(a) Contributing or impairing peace and security;
(b) Could be used to:
(i) To make a serious violation of or facilitate the commission of international humanitarian law;
(ii) Make a serious violation of or facilitate the commission of international human rights law;
(iii) Commit an act constituting an offence under the international conventions and protocols relating to terrorism to which the exporting State is a Party or to facilitate its commission; or
(iv) Commit an act constituting an offence under the international conventions and protocols relating to transnational organized crime to which the exporting State is a Party, or to facilitate its commission.
2. The exporting State also considers whether measures could be taken to mitigate the risks set out in paragraph (1) (a) and (b), including confidence-building measures or programmes developed and jointly agreed by exporting and importing States.
3. If, at the end of this assessment and after reviewing the available risk mitigation measures, the exporting State Party considers that there is a preponderant risk of achieving one of the negative consequences provided for in paragraph 1, it does not authorize export.
4. In its assessment, the exporting State Party shall take into account the risk that conventional weapons referred to in Article 2 (1) or property referred to in Articles 3 or 4 may be used to commit serious acts of gender-based violence or serious acts of violence against women and children or to facilitate the commission of such acts.
5. Each exporting State Party shall take measures to ensure that all authorizations for the export of conventional arms referred to in section 2 (1) or goods referred to in sections 3 or 4 are detailed and issued prior to export.
6. Each exporting State Party shall communicate the appropriate information concerning the authorization in question to the importing States Parties and States Parties of transit or trans-shipment, upon request, in accordance with its domestic law, practices or policies.
7. If, after granting the authorization, an exporting State obtains new relevant information, it is encouraged to review its authorization, after having consulted the importing State as necessary.
Article 8
Import
1. Each importing State Party shall take measures to ensure that the relevant and relevant information is provided, in accordance with its national legislation, to the exporting State at its request, to assist it in conducting its national export assessment, in accordance with Article 7. These measures may include communication of end-user certificates or end-use certificates.
2. Each importing State Party shall take measures to regulate, where necessary, imports of conventional weapons under Article 2 (1) under its jurisdiction. Such measures may include import regimes.
3. Each importing State Party may, if it is the final destination country, request information from the exporting State Party regarding any application for authorization granted or pending.
Article 9
Transit or trans-shipment
Each State Party shall take the necessary measures to regulate, where necessary and possible, the transit or trans-shipment, under its jurisdiction and on its territory, conventional weapons referred to in Article 2 (1), in accordance with applicable international law.
Article 10
Courtage
Each State Party shall, under its legislation, take the necessary measures to regulate the activities of brokering conventional weapons referred to in article 2 (1) under its jurisdiction. These measures may include requiring brokers to register or obtain written authorization prior to the exercise of brokerage activities.
Article 11
Detour
1. Each State Party that participates in the transfer of conventional arms referred to in Article 2 (1) shall take measures to prevent their diversion.
2. In the event of the transfer of conventional arms referred to in Article 2 (1), the exporting State shall endeavour to prevent the diversion of such weapons by means of the national control regime established pursuant to Article 5 (2), assessing the risk of diversion of exported weapons and considering the adoption of risk mitigation measures, such as confidence-building measures or programmes developed and agreed upon by importing States If necessary, other preventive measures, such as the examination of the exporting parties, the application of additional documents, certificates or insurance, the export ban or other appropriate measures, may be adopted.
3. States Parties of import, transit, trans-shipment and export shall cooperate and exchange information, in accordance with their domestic law, if necessary and possible, in order to reduce the risk of diversion during the transfer of conventional weapons referred to in Article 2 (1).
4. The State Party that detects a diversion of conventional weapons referred to in Article 2(1) at the time of their transfer shall take the necessary measures, to the extent that its domestic law allows it and in accordance with international law, to put an end to this diversion. These measures may involve alerting potentially affected States Parties, inspecting the shipments of conventional arms referred to in section 2 (1) that have been diverted and taking follow-up action by the initiation of an investigation and the suppression of the offence.
5. In order to improve the understanding and prevention of the diversion of conventional weapons referred to in Article 2 (1) at the time of their transfer, States Parties are encouraged to exchange relevant information on how to effectively combat diversion. This information may cover illicit activities such as corruption, international traffic circuits, illicit brokering, illicit sources of supply, concealment methods and usual shipping sites, or destinations used by organized groups engaged in diversion.
6. States Parties are encouraged to communicate to other States Parties, through the Secretariat, the measures they have taken to combat the diversion of conventional weapons referred to in Article 2 (1).
Article 12
Data retention
1. Each State Party shall maintain, in accordance with its national legislation and regulations, national records of export authorizations or effective exports of conventional arms referred to in Article 2 (1).
2. Each State Party is encouraged to maintain records of conventional weapons referred to in Article 2 (1) that are carried on its territory as a final destination or authorized to transit or be transferred to any territory under its jurisdiction.
3. Each State Party is encouraged to record in these registers the quantity, value, model or type, authorized international transfers of conventional arms referred to in Article 2 (1), conventional weapons effectively transferred, information on the State or exporting States, the State or importing States, the State or transit or trans-shipment States and end users, as appropriate.
4. Records are kept for at least ten years.
Article 13
Reporting
1. Within one year of the entry into force of this Treaty, each State Party shall, in accordance with Article 22, submit an initial report on the measures taken to implement the Treaty, including national laws, national checklists and other internal regulations and administrative measures adopted. Each State Party shall report to the Secretariat, as appropriate, on any further steps taken to implement this Treaty. Reports are made available and distributed to States Parties by the Secretariat.
2. States Parties are encouraged to report to other States Parties, through the Secretariat, on measures taken to combat the diversion of conventional weapons referred to in Article 2 (1) at the time of their transfer.
3. Each State Party shall submit to the Secretariat, by 31 May, an annual report covering the previous calendar year concerning the exports and imports of conventional weapons referred to in Article 2 (1) authorized or carried out. Reports are made available and distributed to States Parties by the Secretariat. The report submitted to the Secretariat may contain the same information as that provided by the State Party under other relevant United Nations mechanisms, including the United Nations Register of Conventional Arms. Any sensitive or national security information may be excluded from reports.
Article 14
Implementation of the Treaty
Each State Party shall adopt the necessary measures to enforce national laws and regulations implementing the provisions of this Treaty.
Article 15
International cooperation
1. States Parties shall cooperate, in accordance with their respective security interests and national legislation, with a view to the effective implementation of this Treaty.
2. States Parties are encouraged to facilitate international cooperation, including by exchanging information on issues of mutual interest regarding the implementation and implementation of the provisions of this Treaty in accordance with their security interests and national legislation.
3. States Parties are encouraged to exchange questions of mutual interest and to share information, as appropriate, to support the implementation of this Treaty.
4. States Parties are encouraged to cooperate, under their national legislation, to promote national implementation of the provisions of this Treaty, including by exchanging information on illicit activities and actors and to prevent and eliminate the diversion of conventional weapons referred to in Article 2 (1).
5. States Parties shall, by mutual agreement and in accordance with their domestic law, provide all possible assistance to carry out investigations, prosecutions and judicial proceedings relating to the violation of national measures adopted under this Treaty.
6. States Parties are encouraged to take measures at the national level and to cooperate with each other to prevent the transfer of conventional arms referred to in Article 2 (1) from being subjected to corruption practices.
7. States Parties are encouraged to exchange information and experience on lessons learned in any aspect of this Treaty.
Article 16
International assistance
1. For the purposes of this Treaty, each State Party may seek legal or legislative assistance, assistance in strengthening its institutional capacity, and technical, material or financial assistance. This assistance may include assistance in inventory management, the conduct of disarmament, demobilization and reintegration programmes, the development of model laws and the adoption of effective implementation practices. Each State Party, which is in a position to do so, shall provide such assistance upon request.
2. Each State Party may request, offer or receive assistance, including through the United Nations, international, regional, subregional or national organizations, non-governmental organizations, or bilaterally.
3. A voluntary trust fund is established by States Parties to assist States Parties that require international assistance in the implementation of this Treaty. Each State Party is encouraged to contribute to the Fund.
Article 17
Conference of States Parties
1. The Interim Secretariat established pursuant to Article 18 will convene a Conference of the States Parties no later than one year after the entry into force of this Treaty and thereafter on the basis of what will be decided by the Conference of the States Parties.
2. The Conference of States Parties shall adopt its rules of procedure by consensus at its first session.
3. The Conference of the States Parties shall adopt the budgetary rules for its operation, the rules governing the financing of any subsidiary body that it may establish and the financial provisions governing the functioning of the Secretariat. At each regular session, it adopts a budget for the financial period until the next regular session.
4. The Conference of States Parties:
(a) Consider the implementation of this Treaty, including developments in the field of conventional weapons;
(b) Consider and adopt recommendations on the implementation and operation of this Treaty, in particular the promotion of its universality;
(c) Consider the proposed amendments to this Treaty in accordance with Article 20;
(d) Consider any issues arising from the interpretation of this Treaty;
(e) Review and finalize the work and budget of the Secretariat;
(f) Consider the establishment of any subsidiary body necessary to improve the operation of the Treaty; and
(g) Any other function related to this Treaty.
5. The Conference of States Parties shall hold special meetings if it deems it necessary, or at the written request of any State Party, provided that it is supported by at least two thirds of the States Parties.
Article 18
Secretariat
1. This Treaty establishes a secretariat to assist States Parties in the effective implementation of this Treaty. Pending the first meeting of the Conference of the States Parties, the administrative functions related to this Treaty will be entrusted to a provisional Secretariat.
2. The Secretariat has sufficient staffing. Its members have the necessary skills to enable it to effectively perform the functions referred to in paragraph 3.
3. The Secretariat is accountable to States Parties. With limited resources, the Secretariat has the following functions:
(a) Receive, make available and circulate the reports mandated by this Treaty;
(b) Keep the list of national focal points updated and available to States Parties;
(c) Assisting in bringing together the offer and request for assistance for the implementation of the Treaty and promoting international cooperation as requested;
(d) Facilitate the work of the Conference of the States Parties, including by making arrangements and providing the necessary services to the meetings provided for in this Treaty; and
(e) To perform all other tasks decided by the Conference of the States Parties.
Article 19
Settlement of disputes
1. States Parties shall consult and cooperate, by mutual agreement, with a view to resolving any dispute that may arise between them as to the interpretation or application of this Treaty, including through negotiation, mediation, conciliation, judicial settlement or any other peaceful means.
2. States Parties may, by mutual agreement, choose to use arbitration to resolve any dispute between them with respect to matters relating to the interpretation or application of this Treaty.
Rule 20
Amendments
1. Six years after the entry into force of this Treaty, any State Party may propose amendments thereto. Upon expiry of this period, the proposed amendments may only be considered by the Conference of the States Parties every three years.
2. Any proposal to amend this Treaty shall be submitted in writing to the Secretariat, which shall distribute it to all States Parties, at least one hundred and eighty days before the next meeting of the Conference of the States Parties to which amendments may be considered in accordance with paragraph 1er. The amendment shall be considered at the next Conference of States Parties to which amendments may be considered in accordance with paragraph 1er if, no later than one hundred and twenty days after the Secretariat has distributed the text, the majority of States Parties shall inform the Secretariat that they are in favour of the consideration of the proposal.
3. States Parties shall make every effort to reach consensus on each amendment. If no agreement is found despite the efforts made, the amendment is, as a last resort, adopted by a three-quarter majority vote of the States Parties present and voting at the Conference of the States Parties. For the purposes of this article, States Parties present and voting shall be those present and voting for or against. The Depositary shall communicate to States Parties any such amendment as it has been adopted.
4. Any amendment adopted in accordance with paragraph 3 shall enter into force for each State Party that has deposited an instrument of acceptance of that amendment ninety days after the majority of States that were Parties to the Treaty at the time of adoption of the amendment have deposited their instruments with the Depositary. Subsequently, it shall enter into force for any other State Party ninety days after the deposit of the instrument of acceptance of the amendment.
Article 21
Signature, ratification, acceptance, approval or accession
1. This Treaty is open for signature by all States at United Nations Headquarters in New York, effective 3 June 2013 and until its entry into force.
2. This Treaty is subject to the ratification, acceptance or approval of each signatory State.
3. Once entered into force, this Treaty will be open to the accession of all non-signatory States.
4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
Article 22
Entry into force
1. This Treaty shall enter into force ninety days after the date of deposit of the fiftieth instrument of ratification, acceptance or approval with the Depositary.
2. With respect to each State that deposits its instrument of ratification, acceptance, approval or accession after the entry into force of this Treaty, it shall enter into force ninety days after the date of the deposit by that State of its instrument of ratification, acceptance, approval or accession.
Article 23
Provisional application
Any State may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, declare that it will apply Article 6 and Article 7 provisionally pending the entry into force of this Treaty with respect to it.
Article 24
Duration and denunciation
1. This Treaty has an unlimited duration.
2. Each State Party has the right, in the exercise of its national sovereignty, to denounce this Treaty. It shall notify the Depositary, which shall notify all other States Parties. The notification may include a statement of the reasons for the denunciation and takes effect ninety days after receipt by the Depositary, unless a later date is indicated.
3. The denunciation does not release the State from its obligations, including financial obligations under this Treaty until it was a Party.
Rule 25
Reservations
1. Each State may, at the time of signature, ratification, acceptance, approval or accession, make reservations that are not incompatible with the object and purpose of this Treaty.
2. The State Party may withdraw its reservation at any time by notification to the Depositary.
Rule 26
Relationship with other international instruments
1. The application of this Treaty shall be without prejudice to the obligations undertaken by States Parties under current or future international agreements to which they are parties, provided that these obligations are consistent with this Treaty.
2. This Treaty may not be invoked to deprive the defence cooperation agreements between States Parties to this Treaty.
Rule 27
Depositary
The Secretary-General of the United Nations is the Depositary of this Treaty.
Rule 28
Faithful texts
The original of this Treaty, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, is deposited with the Secretary-General of the United Nations.
Done in New York on 2 April two thousand.

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