Resolução n.º 61/2014

TEXTO :

Resolução da Assembleia da República n.º 76/2014

Aprova o Tratado de Comércio de Armas, Adotado pela Assembleia Geral das Nações Unidas, em Nova Iorque, a 2 de abril de 2013

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Tratado de Comércio de Armas, adotado em Nova Iorque, a 2 de abril de 2013, cujo texto, na versão autenticada em língua inglesa e respetiva tradução para a língua portuguesa, é publicado em anexo.

Aprovada em 25 de julho de 2014.

A Presidente da Assembleia da República, Maria da Assunção A. Esteves.

ARMS TRADE TREATY

Preamble

The States Parties to this Treaty:

Guided by the purposes and principles of the Charter of the United Nations;

Recalling article 26 of the Charter of the United Nations which seeks to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources;

Underlining the need to prevent and eradicate the illicit trade in conventional arms and to prevent their diversion to the illicit market, or for unauthorized end use and end users, including in the commission of terrorist acts;

Recognizing the legitimate political, security, economic and commercial interests of States in the international trade in conventional arms;

Reaffirming the sovereign right of any State to regulate and control conventional arms exclusively within its territory, pursuant to its own legal or constitutional system;

Acknowledging that peace and security, development and human rights are pillars of the United Nations system and foundations for collective security and recognizing that development, peace and security and human rights are interlinked and mutually reinforcing;

Recalling the United Nations Disarmament Commission Guidelines for international arms transfers in the context of General Assembly resolution 46/36H of 6 December 1991,

Noting the contribution made by the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, as well as the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, and the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons;

Recognizing the security, social, economic and humanitarian consequences of the illicit and unregulated trade in conventional arms,

Bearing in mind that civilians, particularly women and children, account for the vast majority of those adversely affected by armed conflict and armed violence;

Recognizing also the challenges faced by victims of armed conflict and their need for adequate care, rehabilitation and social and economic inclusion;

Emphasizing that nothing in this Treaty prevents States from maintaining and adopting additional effective measures to further the object and purpose of this Treaty;

Mindful of the legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities, where such trade, ownership and use are permitted or protected by law;

Mindful also of the role regional organizations can play in assisting States Parties, upon request, in implementing this Treaty;

Recognizing the voluntary and active role that civil society, including nongovernmental organizations, and industry, can play in raising awareness of the object and purpose of this Treaty, and in supporting its implementation,

Acknowledging that regulation of the international trade in conventional arms and preventing their diversion should not hamper international cooperation and legitimate trade in materiel, equipment and technology for peaceful purposes;

Emphasizing the desirability of achieving universal adherence to this Treaty;

Determined to act in accordance with the following principles;

Principles

• The inherent right of all States to individual or collective self-defence as recognized in article 51 of the Charter of the United Nations;

• The settlement of international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered in accordance with article 2 (3) of the Charter of the United Nations;

• Refraining in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations in accordance with article 2 (4) of the Charter of the United Nations;

• Non-intervention in matters which are essentially within the domestic jurisdiction of any State in accordance with article 2 (7) of the Charter of the United Nations;

• Respecting and ensuring respect for international humanitarian law in accordance with, inter alia, the Geneva Conventions of 1949, and respecting and ensuring respect for human rights in accordance with, inter alia, the Charter of the United Nations and the Universal Declaration of Human Rights;

• The responsibility of all States, in accordance with their respective international obligations, to effectively regulate the international trade in conventional arms, and to prevent their diversion, as well as the primary responsibility of all States in establishing and implementing their respective national control systems;

• The respect for the legitimate interests of States to acquire conventional arms to exercise their right to self-defence and for peacekeeping operations; and to produce, export, import and transfer conventional arms;

• Implementing this Treaty in a consistent, objective and non-discriminatory manner;

have agreed as follows:

Article 1

Object and purpose

The object of this Treaty is to:

• Establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms;

• Prevent and eradicate the illicit trade in conventional arms and prevent their diversion;

for the purpose of:

• Contributing to international and regional peace, security and stability;

• Reducing human suffering;

• Promoting cooperation, transparency and responsible action by States Parties in the international trade in conventional arms, thereby building confidence among States Parties.

Article 2

Scope

1 - This Treaty shall apply to all conventional arms within the following categories:

(a) Battle tanks;

(b) Armoured combat vehicles;

(c) Large-calibre artillery systems;

(d ) Combat aircraft;

(e) Attack helicopters;

(f ) Warships;

(g) Missiles and missile launchers; and

(h) Small arms and light weapons.

2 - For the purposes of this Treaty, the activities of the international trade comprise export, import, transit, trans-shipment and brokering, hereafter referred to as "transfer».

3 - This Treaty shall not apply to the international movement of conventional arms by, or on behalf of, a State Party for its use provided that the conventional arms remain under that State Party's ownership.

Article 3

Ammunition/munitions

Each State Party shall establish and maintain a national control system to regulate the export of ammunition/munitions fired, launched or delivered by the conventional arms covered under article 2 (1), and shall apply the provisions of article 6 and article 7 prior to authorizing the export of such ammunition/munitions.

Article 4

Parts and components

Each State Party shall establish and maintain a national control system to regulate the export of parts and components where the export is in a form that provides the capability to assemble the conventional arms covered under article 2 (1) and shall apply the provisions of article 6 and article 7 prior to authorizing the export of such parts and components.

Article 5

General implementation

1 - Each State Party shall implement this Treaty in a consistent, objective and non-discriminatory manner, bearing in mind the principles referred to in this Treaty.

2 - Each State Party shall establish and maintain a national control system, including a national control list, in order to implement the provisions of this Treaty.

3 - Each State Party is encouraged to apply the provisions of this Treaty to the broadest range of conventional arms. National definitions of any of the categories covered under article 2 (1) (a)-(g) shall not cover less than the descriptions used in the United Nations Register of Conventional Arms at the time of entry into force of this Treaty. For the category covered under article 2 (1) (h), national definitions shall not cover less than the descriptions used in relevant United Nations instruments at the time of entry into force of this Treaty.

4 - Each State Party, pursuant to its national laws, shall provide its national control list to the Secretariat, which shall make it available to other States Parties. States Parties are encouraged to make their control lists publicly available.

5 - Each State Party shall take measures necessary to implement the provisions of this Treaty and shall designate competent national authorities in order to have an effective and transparent national control system regulating the transfer of conventional arms covered under article 2 (1) and of items covered under article 3 and article 4.

6 - Each State Party shall designate one or more national points of contact to exchange information on matters related to the implementation of this Treaty. Each State Party shall notify the Secretariat, established under article 18, of its national point(s) of contact and keep the information updated.

Article 6

Prohibitions

1 - A State Party shall not authorize any transfer of conventional arms covered under article 2 (1) or of items covered under article 3 or article 4, if the transfer would violate its obligations under measures adopted by the United Nations Security Council acting under chapter vii of the Charter of the United Nations, in particular arms embargoes.

2 - A State Party shall not authorize any transfer of conventional arms covered under article 2 (1) or of items covered under article 3 or article 4, if the transfer would violate its relevant international obligations under international agreements to which it is a Party, in particular those relating to the transfer of, or illicit trafficking in, conventional arms.

3 - A State Party shall not authorize any transfer of conventional arms covered under article 2 (1) or of items covered under article 3 or article 4, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.

Article 7

Export and export assessment

1 - If the export is not prohibited under article 6, each exporting State Party, prior to authorization of the export of conventional arms covered under article 2 (1) or of items covered under article 3 or article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and non-discriminatory manner, taking into account relevant factors, including information provided by the importing State in accordance with article 8 (1), assess the potential that the conventional arms or items:

(a) Would contribute to or undermine peace and security;

(b) Could be used to:

(i) Commit or facilitate a serious violation of international humanitarian law;

(ii) Commit or facilitate a serious violation of international human rights law;

(iii) Commit or facilitate an act constituting an offence under international conventions or protocols relating to terrorism to which the exporting State is a Party; or

(iv) Commit or facilitate an act constituting an offence under international conventions or protocols relating to transnational organized crime to which the exporting State is a Party.

2 - The exporting State Party shall also consider whether there are measures that could be undertaken to mitigate risks identified in (a) or (b) in paragraph 1, such as confidence-building measures or jointly developed and agreed programmes by the exporting and importing States.

3 - If, after conducting this assessment and considering available mitigating measures, the exporting State Party determines that there is an overriding risk of any of the negative consequences in paragraph 1, the exporting State Party shall not authorize the export.

4 - The exporting State Party, in making this assessment, shall take into account the risk of the conventional arms covered under article 2 (1) or of the items covered under article 3 or article 4 being used to commit or facilitate serious acts of gender based violence or serious acts of violence against women and children.

5 - Each exporting State Party shall take measures to ensure that all authorizations for the export of conventional arms covered under article 2 (1) or of items covered under article 3 or article 4 are detailed and issued prior to the export.

6 - Each exporting State Party shall make available appropriate information about the authorization in question, upon request, to the importing State Party and to the transit or trans-shipment States Parties, subject to its national laws, practices or policies.

7 - If, after an authorization has been granted, an exporting State Party becomes aware of new relevant information, it is encouraged to reassess the authorization after consultations, if appropriate, with the importing State.

Article 8

Import

1 - Each importing State Party shall take measures to ensure that appropriate and relevant information is provided, upon request, pursuant to its national laws, to the exporting State Party, to assist the exporting State Party in conducting its national export assessment under article 7. Such measures may include end use or end user documentation.

2 - Each importing State Party shall take measures that will allow it to regulate, where necessary, imports under its jurisdiction of conventional arms covered under article 2 (1). Such measures may include import systems.

3 - Each importing State Party may request information from the exporting State Party concerning any pending or actual export authorizations where the importing State Party is the country of final destination.

Article 9

Transit or trans-shipment

Each State Party shall take appropriate measures to regulate, where necessary and feasible, the transit or trans-shipment under its jurisdiction of conventional arms covered under article 2 (1) through its territory in accordance with relevant international law.

Article 10

Brokering

Each State Party shall take measures, pursuant to its national laws, to regulate brokering taking place under its jurisdiction for conventional arms covered under article 2 (1). Such measures may include requiring brokers to register or obtain written authorization before engaging in brokering.

Article 11

Diversion

1 - Each State Party involved in the transfer of conventional arms covered under article 2 (1) shall take measures to prevent their diversion.

2 - The exporting State Party shall seek to prevent the diversion of the transfer of conventional arms covered under article 2 (1) through its national control system, established in accordance with article 5 (2), by assessing the risk of diversion of the export and considering the establishment of mitigation measures such as confidence-building measures or jointly developed and agreed programmes by the exporting and importing States. Other prevention measures may include, where appropriate: examining parties involved in the export, requiring additional documentation, certificates, assurances, not authorizing the export or other appropriate measures.

3 - Importing, transit, trans-shipment and exporting States Parties shall cooperate and exchange information, pursuant to their national laws, where appropriate and feasible, in order to mitigate the risk of diversion of the transfer of conventional arms covered under article 2 (1).

4 - If a State Party detects a diversion of transferred conventional arms covered under article 2 (1), the State Party shall take appropriate measures, pursuant to its national laws and in accordance with international law, to address such diversion. Such measures may include alerting potentially affected States Parties, examining diverted shipments of such conventional arms covered under article 2 (1), and taking follow-up measures through investigation and law enforcement.

5 - In order to better comprehend and prevent the diversion of transferred conventional arms covered under article 2 (1), States Parties are encouraged to share relevant information with one another on effective measures to address diversion. Such information may include information on illicit activities including corruption, international trafficking routes, illicit brokers, sources of illicit supply, methods of concealment, common points of dispatch, or destinations used by organized groups engaged in diversion.

6 - States Parties are encouraged to report to other States Parties, through the Secretariat, on measures taken in addressing the diversion of transferred conventional arms covered under article 2 (1).

Article 12

Record keeping

1 - Each State Party shall maintain national records, pursuant to its national laws and regulations, of its issuance of export authorizations or its actual exports of the conventional arms covered under article 2 (1).

2 - Each State Party is encouraged to maintain records of conventional arms covered under article 2 (1) that are transferred to its territory as the final destination or that are authorized to transit or trans-ship territory under its jurisdiction.

3 - Each State Party is encouraged to include in those records: the quantity, value, model/type, authorized international transfers of conventional arms covered under article 2 (1), conventional arms actually transferred, details of exporting State(s), importing State(s), transit and trans-shipment State(s), and end users, as appropriate.

4 - Records shall be kept for a minimum of ten years.

Article 13