Organization for Security and Co-operation in Europe

PRINCIPLES GOVERNINGCONVENTIONAL ARMS TRANSFERS

25 November 1993

Programme for Immediate Action Series, No. 3

Note: This document was adopted at the 49th Plenary Meeting of the Special Committee of the
CSCE Forum for Security Co-operation in Vienna on 25 November 1993 (see FSC/Journal No.
49).

DOC.FSC/3/96

25 November 1993
Original: ENGLISH

PRINCIPLES GOVERNING CONVENTIONAL ARMS TRANSFERS

1.
The participating States reaffirm their commitment to act, in the security field, in accordancewith the Charter of the United Nations and the Helsinki Final Act, the Charter of Paris and otherrelevant CSCE documents.
2.
They recall that in Prague on 30 January 1992 they agreed that effective national control ofweapons and equipment transfer is acquiring the greatest importance and decided to include thequestion of the establishment of a responsible approach to arms transfers as a matter of priority inthe 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 co-operation in the field ofeffective 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 theestablishment of international peace and security with the least diversion for armaments ofhuman 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 andprinciples 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 Co-operation;(d)their strong belief that excessive and destabilizing 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 theUnited 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 co-operative and common approach to security, eachparticipating 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:

-2-(a)(b)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 ofexisting 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 theobjective 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 51 of the Charter of theUnited 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 theConference on Security and Co-operation in Europe.

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 theCSCE Council, or agreements on non-proliferation, or other arms control anddisarmament agreements;(iv)

prolong or aggravate an existing armed conflict, taking into account the legitimate
requirement for self-defence;(v)

endanger peace, introduce destabilizing military capabilities into a region, orotherwise contribute to regional instability;-3(vi)be diverted within the recipient country or re-exported for purposes contrary to theaims 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 recipientcountry.
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 forcontrolling the transfer of conventional arms and related technology;(c)exchange information, in the context of security co-operation within the Forum for Security
Co-operation, about national legislation and practices in the field of transfers of conventionalarms and related technology and on mechanisms to control these transfers.

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pm-dab@osce.org.atDOC.FSC/3/96 ARMS-TRE

-5Printed in Vienna, Austriaby the OSCE Secretariat
Department for Conference Services
August 1996