Annex C
PRINCIPLES GOVERNING CONVENTIONAL ARMS TRANSFERS
(as agreed in Vienna in November 1993)
1. The participating States reaffirm their
commitment to act, in the security field, in accordance with the
Charter of the United Nations and the Helsinki Final Act, the
Charter of Paris and other relevant CSCE documents.
2. They recall that in Prague on 30 January
1992 they agreed that effective national control of weapons and
equipment transfer is acquiring the greatest importance and decided
to include the question of the establishment of a responsible
approach to arms transfers as a matter of priority in the work
programme of the post-Helsinki arms control process. They also
recall their declaration in the Helsinki Document of 10 July 1992
that they would intensify their cooperation in the field of effective
export controls applicable, inter alia, to conventional weapons.
I.
3. The participating States reaffirm:
(a) their undertaking, in accordance with
the Charter of the United Nations, to promote the establishment
of international peace and security with the least diversion for
armaments of human and economic resources and their view that
the reduction of world military expenditures could have a significant
positive impact for the social and economic development of all
peoples;
(b) the need to ensure that arms transferred
are not used in violation of the purposes and principles of the
Charter of the United Nations;
(c) their adherence to the principles of
transparency and restraint in the transfer of conventional weapons
and related technology, and their willingness to promote them
in the security dialogue of the Forum for Security Cooperation:
(d) their strong belief that excessive and
destabilising arms build-ups pose a threat to national, regional
and international peace and security;
(e) the need for effective national mechanisms
for controlling the transfer of conventional arms and related
technology and for transfers to take place within those mechanisms;
(f) their support for and commitment to
provide data and information as required by the United Nations
resolution establishing the Register of Conventional Arms in order
to ensure its effective implementation.
II.
4. In order to further their aim of a new
cooperative and common approach to security, each participating
State will promote and, by means of an effective national control
mechanism, exercise due restraint in the transfer of conventional
arms and related technology. To give this effect:
(a) each participating State will, in considering
proposed transfers, take into account.
(i) the respect for human rights and fundamental
freedoms in the recipient country;
(ii) the internal and regional situation
in and around the recipient country, in the light of existing
tensions or armed conflicts;
(iii) the record of compliance of the recipient
country with regard to international commitments, in particular
on the non-use of force, and in the field of non-proliferation,
or in other areas of arms control and disarmament;
(iv) the nature and cost of the arms to be
transferred in relation to the circumstances of the recipient
country, including its legitimate security and defence needs and
the objective of the least diversion for armaments of human and
economic resources;
(v) the requirements of the recipient country
to enable it to exercise its right to individual or collective
self-defence in accordance with Article 5.1 of the Charter of
the United Nations;
(vi) whether the transfers would contribute
to an appropriate and proportionate response by the recipient
country to the military and security threats confronting it;
(vii) the legitimate domestic security needs
of the recipient country;
(viii) the requirements of the recipient
country to enable it to participate in peacekeeping or other measures
in accordance with decisions of the United Nations or the Conference
on Security and Cooperation in Europe.
(b) Each participating State will avoid
transfers which would be likely to:
(i) be used for the violation or suppression
of human rights and fundamental freedoms;
(ii) threaten the national security of other
States and of territories whose external relations are the internationally
acknowledged responsibility of another State;
(iii) contravene its international commitments,
in particular in relation to sanctions adopted by the Security
Council of the United Nations, or to decisions taken by the CSCE
Council, or agreements on non-proliferation, or other arms control
and disarmament agreements;
(iv) prolong or aggravate an existing armed
conflict, taking into account the legitimate requirement for self-defence;
(v) endanger peace, introduce destabilising
military capabilities into a region, or otherwise contribute to
regional instability;
(vi) be diverted within the recipient country
or re-exported for purposes contrary to the aims of this document;
(vii) be used for the purpose of repression;
(viii) support or encourage terrorism;
(ix) be used other than for the legitimate
defence and security needs of the recipient country.
III.
5. Further, each participating State will:
(a) reflect, as necessary, the principles
in Section II in its national policy documents governing the transfer
of conventional arms and related technology;
(b) consider mutual assistance in the establishment
of effective national mechanisms for controlling the transfer
of conventional arms and related technology;
(c) exchange information, in the context
of security cooperation within the Forum for Security Cooperation,
about national legislation and practices in the field of transfers
of conventional arms and related technology and on mechanisms
to control these transfers.
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