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Licensing
55. The draft framework convention on international arms transfers5 states that contracting
parties should establish authorization and licensing mechanisms under their national laws, as
necessary, in order to ensure that the requirements of the convention may be effectively applied,
with each application being reviewed individually.6 At both national and regional level, arms
control licensing procedures are already taking place in many places around the world, and the
Working Group believes that Governments should extend this to the export of military and
security services.
56. As mentioned in the Working Group’s report to the General Assembly, the European
Union also has a European Code of Conduct which contains a list of prohibited destinations and
a system for verifying and monitoring the use of arms, and establishes an information sharing
and consultation system on granting national export licences. Although the Code of Conduct is
non-binding on the States parties and does not have an enforcement mechanism, it defines eight
criteria that must be addressed by States in cases of arms exports, including the respect for EU
member States’ international commitments, in particular to Security Council sanctions, and
human rights in the destination country.
57. Nineteen members of the Organization of American States have signed the Inter-American
Convention on Transparency in Conventional Weapons Acquisitions, an agreement on
conventional arms transfers which requires signatories to annually disclose information on major
arms imports and exports. However, it does not have a registration or licensing system, either for
arms or military and security services.
58. The Working Group is also considering devising or promoting the use of a model data or
set of information on private military and security companies, in order to obtain the information
required for policy development. Such a data set, essentially a map of all the information that
would be required to have a full picture of the private military and security company industry,
would enable stakeholders to consider systematically all information, and be a useful tool for
policy development.
Accountability mechanisms
59. As set out in its report to the General Assembly, the Working Group is of the view that in
order for any regulation mechanism to be implemented for private military and security
companies, enforcement mechanisms should be put in place. Minimum obligatory transparency
criteria for private military and security companies should be formulated, which may require
them to annually submit data on the main parameters of their actual current structure, contracts
and operations. Domestic criminal law could play a role in enforcing these regulations.
Accountability of individuals and companies providing security or military services must be
ensured under all circumstances and wherever they are carried out.
5
See http://www.iansa.org/documents/2004/att_0504.pdf.
6
See http://www.iansa.org/documents/2004/att_0504.pdf, Commentary, Note (2).
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