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Japan's Views on the Elements of an Arms Trade Treaty

March 2012

Japanese

Japan has been a strong proponent of international efforts on disarmament and has voluntarily implemented strict standards for the import, export and transfer of conventional weapons. Strengthening of rules related to trade in conventional arms through realizing an Arms Trade Treaty (ATT) matches Japan's foreign policy objectives in this field.

As one of the co-authors of the United Nations General Assembly resolution which launched the ATT process, Japan is of the view that this process should aim for formulating an effective treaty, helping to mitigate the aggravation of international conflicts and garnering the participation of the widest range of States.

The Chairman's paper drafted by Ambassador Roberto García Moritán, circulated to Member States on 14 July 2011, is a useful compilation of the views expressed by Member States in the previous Preparatory Committee meetings. Therefore, Japan strongly supports the Chairman's paper and firmly believes that it should serve as an appropriate basis for the negotiations at the UN Conference on the ATT scheduled for July 2012. In response to the request made in the report of the Preparatory Committee adopted in February 2012, Japan hereby submits its views on the elements of an ATT as outlined in the Chairman's paper.

1. Goals and Objectives

  1. (1) An ATT must establish the highest possible common international standards for the export, import and transfer of conventional arms.
  2. (2) An ATT must be effective. For that purpose, the Treaty needs to be concluded by a large number of States, including both major exporting and importing States.
  3. (3) An ATT must not place restrictions on arms trades related to the legitimate defense needs of each Member State, pursuant to Article 51 of the Charter of the United Nations.
  4. (4) The absence of common international standards on the import, export and transfer of conventional arms is a contributory factor to conflicts, serious violation of international human rights and humanitarian laws, displacement of people, crime, and terrorism. An ATT should be made to prevent, combat and eradicate these negative effects and should serve the objectives of maintaining and enhancing peace, reconciliation, safety, security, stability and sustainable development.
  5. (5) Illicit transfer of conventional arms inflicts substantial damage on innocent citizens. Strengthening of the rule of law relating to control of arms transfers plays a significant role in promoting the safety of citizens and contributes to the enhancement of human security.

2. Scope

  1. (1) Japan considers that an ATT should include in its scope most conventional weapons, including small arms and light weapons as well as munitions, but should in principle exclude dual-use items. Furthermore, Member States should consider whether or not to include parts and components exclusively designed for weapons and facilities existing exclusively for arms production as well as technologies exclusively related to arms production. Due regard should be paid to the effectiveness of such regulation in the consideration by Member States.
  2. (2) In light of the fact that an overwhelming number of people die every year as a result of the use of small arms and light weapons, it is evident that an ATT should include these categories of arms in its scope. If these categories were not included, it would be difficult to achieve the purposes of the Treaty.
  3. (3) Among transactions to be regulated under an ATT, export should constitute a greater part from the viewpoint of effective control of arms trades. However, the treaty should regulate other transactions such as import, transit and brokering as widely as possible in order to ensure comprehensive control of arms trades.
  4. (4) While the scope of control under an ATT should remain broad, a differentiated approach by types of weapons and transactions could be adopted for designing concrete control and reporting mechanisms. Such approach is to take into account the characteristics of individual weapons, security concerns and technological factors.

3. Transfer Criteria

  1. (1) Transfers of conventional arms must not be authorized if there is a substantial risk that those arms would be used in a manner that would aggravate international or regional conflicts and instabilities; in order to commit serious violations of the obligations under relevant international agreements such as those on prevention of crime, international humanitarian law or international human rights law; or in support of acts of terrorism. In this regard, Japan strongly supports the elements suggested in the Chairman's paper as an appropriate basis for discussion.
  2. (2) The wording of the transfer criteria in an ATT should be elaborated as clearly as possible and should ensure objective operation of the Treaty. It is appropriate that States have the authority to apply the criteria, taking into account relevant internationally-available criteria and guidelines.

4. Implementation

  1. (1) An implementation mechanism must ensure that States implement an ATT properly, in accordance with transfer criteria established by the Treaty. Regarding export, it is essential to establish an effective national control system as well as to implement it appropriately.
  2. (2) It is also essential to put in place an effective implementation mechanism with regard to transactions other than export, such as import, transit and brokering. Control measures for such transactions should be crafted based on feasibility, according to each type of transaction. In particular, control measures on transit and brokering should be considered in light of national legislation, law enforcement capacity and actual administrative burden of each State.
  3. (3) A reporting mechanism is indispensable in ensuring transparency and accountability. The concrete form of such a mechanism should be designed in a way that enables the widest possible participation of States in an ATT and taking into account the actual administrative burden created by such a mechanism.

5. International Assistance

International assistance for building States' capacity, including cooperation in the fields of information exchange, education and training as well as support for the preparation of relevant domestic laws, is essential in ensuring the effectiveness of an ATT. It is necessary that each State, where feasible, extends international assistance which matches the needs of recipient States, making the best possible use of existing resources.

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