A presentation to the regional conference for Latin America and The Caribbean on the implementation of the Arms Trade Treaty, in Bogota Colombia 18-19 November 2014. The conference was sponsored by the EU and organised by the German trade controls Department, BAFA, to help government officials from the region better understand the requirements for implementing the treaty and to set out what sources of help and advice are available, particularly from the EU. The presentation describes the strong, global support of defence companies for the treaty and identifies 5 themes which companies believe will be key to its successful implementation.
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The Arms Trade Treaty: An Industry Perspective
1. Regional Seminar to Support the Implementation of the
Arms Trade Treaty for Latin America and the Caribbean
Bogotá, Colombia
18-19 November 2014
An Industry Perspective on the
Arms Trade Treaty
Richard Tauwhare
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2. Industry Supports the ATT
Responsible defence and security companies fully support robust
export and trade controls which:
Protect international, regional and national security
Prevent terrorism and crime
Protect human rights violations
Prevent illegal arms trading
This is good for their business and reputation
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3. Industry Benefits from the ATT
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A successful ATT through the introduction of
common standards will deliver major benefits to
industry:
Strengthening legitimate trade
Closing down illegitimate trade
Levelling the playing field
Fostering international collaboration
Strengthening and widening global supply chains
Supporting the development of national
production
Building confidence in continuity of arms supplies
So industry welcomes the ATT as an historic
achievement, one they were proud to be part of
negotiating and are now committed to help implement
4. Five Priorities for Industry
1) Universal
2) Partnership
3) Effective
4) Efficient
5) Consistent
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5. 1) Universal
To deliver its many potential benefits, ATT must have the
widest possible membership
If adherence by only like-minded states was enough, we
could have had an ATT many years ago. But the
negotiations were deliberately inclusive
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6. 1) Universal
Work hard for more signatures and ratifications and avoid actions
which could undermine universality
ATT is far from perfect. But the best which could be negotiated.
Securing near-consensus came at cost of making compromises.
Avoid re-opening hard-fought agreements in the text
An incentive for states to sign is that it gives them a ‘seat at the
table’. Include observers in the preparatory process
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7. 2) Partnership
close partnership between Governments, civil society and
industry throughout the negotiations
Recognised in the Preamble of the Treaty
Industry in particular will have a key role to play in its
implementation
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Continue intelligent, constructive dialogue with industry and
include them, like civil society, fully in the preparatory process
8. 3) Effective
requires implementation by national
governments – including exporters, importers,
transit countries
each state that joins the treaty assumes
national responsibility for the arms that leave
its territory, as well as the arms that enter its
territory
No ‘one size fits all’ solutions – should be
tailored to your particular circumstances
Poses challenges. But much scope to learn
from others’ mistakes
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9. 3) Effective
External co-operation available, with extensive
expertise and experience. Not only to write new
laws. But also to build capacity to enforce the laws.
Places substantial burden on industry. But justified
and supported if it effectively delivers the potential
benefits
Protect the reputation of industry by preventing
arms trades with unacceptable of misuse or
diversion, while facilitating legitimate trade
Pursue effective multilateral co-operation against
illegal arms trade
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10. 4) Efficient: 9 Tips
1) Minimise bureaucracy. Keep rules and processes simple and clear
2) Licensing should be rigorous and rapid, with published targets and
performance statistics
3) Licensing should be predictable and transparent
4) Provide guidance, training and awareness
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11. 4) Efficient: 9 Tips
5) Be responsive to suggestions for improvement, consult industry
on proposed changes, maintain regular dialogue
6) Provide Open/General Licences for lower risk trade
7) Enable applications and reporting online
8) Observe commercial confidentiality
9) Integrate trade controls with sanctions controls
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12. 5) Consistent
ATT should be applied consistently within and across States Parties
Establish level playing field, based on common standards
Key roles for Secretariat and the Conference of States Parties to
promote transparency, ensure consistency
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13. 5) Consistent
Enable and promote co-operation,
particularly on implementation and
preventing diversion
Make mechanisms work e.g. dispute
resolution, requests for information
Raise questions and challenge actions, or
lack of action, which may be inconsistent
with the Treaty
Ultimately: build confidence in the process
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14. Conclusion
To achieve ATT’s full potential, we should work to:
Make it universal
foster partnership between Governments, industry and civil society
Implement the treaty effectively and efficiently
Ensure implementation nationally and internationally is consistent,
so that all parties have full confidence in the Treaty
A successful ATT will strengthen international peace, security and
human rights, and promote legitimate trade and industry
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15. Thank You
Any questions?
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Richard Tauwhare
Green Light Exports Consulting
Email: richard@greenlightexports.co.uk
Web: www.greenlightexports.co.uk
Phone: +44(0)770 311 0880