British American Security Information Council: Transatlantic Strategies For A More Secure World

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Transatlantic Security

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Export Controls

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Codes of Conduct on Arms Transfers

BASIC is working with policy-makers and parliamentarians on both sides of the Atlantic to restrain arms transfers to international aggressors and human rights abusers. Codes of conduct on arms transfers can prevent the export of weapons to repressive and non-democratic governments, and halt sales to countries involved in regional tension. Recently, the European Union adopted a Code of Conduct on Arms Transfers, which, although weak and full of loopholes, represents an encouraging first step in international attempts to restrain the arms trade.

EU Code of Conduct
International Code of Conduct
U.S. Code of Conduct

EU-US Joint Declaration on the responsibilities of States and on transparency regarding arms exports, 18 December 2000
Following the EU-US Summit, the European Union and the United States issued this statement encouraging all weapons exporting countries to adopt the principles and levels of transparency practiced by the EU and the US. This includes: implementation of stringent export controls, promotion of democracy and human rights, adherence to UN arms embargoes, and prevention of illicit trafficking.

The European Union Code of Conduct

On 11 June 1998, the Foreign Ministers of the 15 European Union Member States adopted an EU Code of Conduct on arms exports. The Code, which aims to set "high common standards for the management of and restraint in arms exports from the EU", is a politically binding agreement under which Member States agree to abide by certain criteria when granting arms export licenses. Significant progress on regulating the arms trade has been made since EU members agreed to its principles. The Code has already been effective in denying certain exports and has attracted support of a number of countries outside the EU. Nevertheless, the text of the agreement does contain weaknesses, which must be addressed before it can truly be considered an international standard on arms transfers.

Other groups working on the EU Code of Conduct

International Code of Conduct

On 29 May 1997, fourteen Nobel Laureates led by Dr. Oscar Arias of Costa Rica met to launch the International Code of Conduct in New York. The Code would require arms suppliers to certify that all recipients meet certain democracy and human rights standards. The Nobel Laureates encourage the United Nations as well as individual governments to restrain arms sales by endorsing the International Code.

Other groups endorsing an International Code of Conduct

A Code of Conduct for the United States

During the 1990s, the US has sold more weapons than any other nation in the world. The 1998 Grimmett Report, a report on conventional arms transfers prepared by the US Congressional Research Service, notes that the United States led the rest of the world in arms deliveries for the seventh year in a row, making $15.2 billion worth of deliveries in 1997. In that same year, the United States supplied over 40% of all arms deliveries to developing nations.

The US Code of Conduct would restrict arms sales to regimes that are democratically elected, respect human rights, refrain from armed aggression and participate in the UN Register of Conventional Weapons. It has been championed in Congress by Reps. Cynthia McKinney (D-GA) and Dana Rohrabacher (R-CA) in the House, and by Sen. John Kerry (D-MA) in the Senate. In June 1997, the Code was passed by voice vote in the House of Representatives as an amendment to a larger bill, and, although it was the first legislation curbing the proliferation of conventional weapons to pass the House in over 20 years, it utlimately fell victim to unrelated Congressional wranglings.

Reps. McKinney and Rohrabacher have since reintroduced the Code of Conduct in the 106th Congress. The Code had 65 original co-sponsors and is already gathering widespread Congressional support.

Meanwhile, on 21 July 1999, the House passed by voice vote HR 2415, The American Embassy Security Act (or State Department Authorization), which contains Code language. The International Arms Sales Code of Conduct, proposed by Reps. Sam Gejdenson (D-CT) and Cynthia McKinney, includes the McKinney-Rohrabacher Code criteria, as well as a requirement that the annual State Department Human Rights Report include an assessment as to whether each country meets these criteria. The amendment also calls on the Secretary of State to work towards an International Code of Conduct with members of the Wassenaar Arrangement, an international body of arms exporting states. Although passage of this amendment would represent a significant victory, the Arms Transfer Working Group will continue to work for the adoption of a strong Code of Conduct as proposed by Reps. McKinney and Rohrabacher and Sen. Kerry.

For more information on the US arms trade, see the Arms Sales Action Atlas on Mother Jones' website.

Other Groups Endorsing a US Code of Conduct

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