This paper provides an overview of how the issue of arms brokering controls has been tackled in the Americas and the Caribbean - both at the regional and national level - and how lessons could be carried forward under a future arms trade treaty (ATT).
States in the Americas and the Caribbean appear to be broadly supportive of the inclusion of brokering controls within an ATT. In their submission of views on a future ATT, 10 of the 17 states in the Americas which submitted reports voiced support for the inclusion of brokering within the scope of an ATT. States in the Americas and the Caribbean have also invested considerable time and effort in developing regional standards with regards to controlling the brokering of small arms and light weapons (SALW). At the same time, states in the Americas and the Caribbean have a mixed record when it comes to implementing regionally agreed standards on brokering controls via their national legislation. The difficulties states appear to have had in this area may provide important lessons for how an
ATT could tackle the issue of arms brokering.
Section 2 of this paper provides an overview of current debates on how the issue of arms brokering should be tackled in an ATT. Section 3 gives a brief summary of the situation regarding conventional arms control and transfer controls in the Americas and the Caribbean, including the OAS ‘Model Regulations’ on arms brokering. Section 4 compares the provisions of the OAS ‘Model Regulations’ with other key texts and agreements in the field of arms brokering, including the EU Common Position and the OSCE Principles.
Section 5 examines how controls on arms brokering have been implemented at the national level by states in the Americas and the Caribbean. Finally, section 6 draws some potential lessons learned for how the issue of arms brokering could be tackled in an ATT.