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III. RECOMMENDATIONS

To NATO
· Review the arms trade control record of current and prospective members of the Alliance, consider arms trade controls as an express criterion for membership, and identify clear minimum standards expected of new members.

· Work toward harmonization of arms trade control standards within EAPC.

· Provide incentives for aspirant members to dispose responsibly of surplus weapons, including those expected to be generated by military modernization and new procurement.

· Provide funds for the conversion or destruction of those stocks that cannot be sold responsibly.

· Institute a requirement by which weapons transferred by NATO members to partners of the Alliance be matched by the destruction of an equal number of surplus weapons from the stocks of the recipient country.

· Provide training as well as customs, intelligence, and law enforcement cooperation to improve the arms trade controls of EAPC countries that have been involved in questionable arms exports, or through which arms destined to abusive forces or diverted to unauthorized recipients have passed in transit.

· Increase information-sharing regarding unauthorized retransfers of weapons sold by NATO member states, and encourage NATO aspirants to take part in such information-sharing activities.

· Create a register for small arms and light weapons production, stockpiling, and transfers encompassing all EAPC countries.

· Encourage the EACP working group on small arms to regularly consult with nongovernmental organizations.

To Governments of the EAPC
Introduce human rights considerations into arms trade law
· Enact legislation to bar arms transactions destined to armed forces that have a record of committing gross violations of human rights and international humanitarian law, as well as those destined to countries that are suspected of reexporting weapons in violation of end-user agreements.

· Explicitly incorporate international arms control commitments into national law, including the E.U. Joint Action on Small Arms, and the otherwise nonbinding provisions of the E.U. Code of Conduct.

Improve regulatory controls
· Create an independent government agency with oversight responsibility for the arms trade, and permit it access to all relevant information.

· Introduce standards by which government arms regulatory officials are prohibited from assuming positions in the arms industry for a period of at least three years after ending their regulatory responsibilities.

· Clarify lines of authority and improve coordination among government bodies responsible for implementing arms trade licensing and enforcement procedures.

· Build the capacity of arms licensing bodies to conduct thorough investigations before issuing arms trading licenses or individual arms transaction permits, including by providing technical resources and training.

· Increase training and technical support for customs officials, border police, and other authorities responsible for controlling arms transactions, including through exchanges, information-sharing, and training with foreign governments.

· Address the related problems of corruption, organized crime, and judicial reform, particularly as these relate to the arms trade.

· Improve safeguards on weapons stocks by requiring arms manufacturing companies and the armed forces to maintain inventory lists and submit these to authorities at regular intervals.

Dispose of surplus stocks in a responsible fashion
· Agree to sell surplus stocks of arms only once strict export controls have been put in place.

· Convert surplus stocks of arms to nonmilitary use whenever possible.

· Destroy stocks of arms that cannot be responsibly sold or converted.

Improve legal accountability
· Give effect to stated adherence to U.N. and regional arms embargoes with domestic enforcement measures, to include penalties for transfers in breach of these norms.

· Establish and enforce penalties in criminal law for violations of arms trade controls.

· Define the witting use of falsified documents, including the use of false end-user certificates, shipping documents, cargo manifests, and flight plans, as a crime subject to a stiff penalty.

· Rigorously investigate and prosecute violations of arms trade controls, including those that involve diversion of authorized arms shipments.

Increase transparency
· Repeal laws that define information about arms negotiations and completed deals as commercial and state secrets.

· Facilitate parliamentary oversight of arms transactions.

· Prepare an annual report on all authorized arms exports and arms transport deals, including pending transactions, to parliament.

· Make public a descriptive annual summary of completed arms sales, including sales of weapons systems, artillery, and ammunition not included in the United Nations Register of Conventional Arms.

· Publish the list of authorized arms trading companies.

· Report regularly to the U.N. Register of Conventional Arms.

· Make public the results of all investigations into abuses of arms trade controls, including past investigations.

To the members of the European Union
· Review the arms trade control record of prospective new members, consider arms trade controls as an express criterion for membership, and identify clear minimum standards expected of new members.

· Make clear to those non-E.U. members who have agreed in principle to adopt the E.U. Joint Action on Small Arms and the E.U. Code of Conduct that they are expected to fully apply them and monitor and report on their compliance.

· Raise concerns about weapons flows that contravene the E.U. Code of Conduct at periodic meetings with associated countries, as has been agreed.

· Encourage associated countries that have agreed to adopt the principles of the E.U. Code of Conduct to abide fully by its operational provisions, including the requirements to submit annual reports, issue notifications of arms license denials based on the criteria of the code, and consult with any E.U. partners that have issued such denials before taking part in an arms transaction that they have rejected.

· Improve information sharing regarding unauthorized retransfers of weapons sold by E.U. member states, and encourage E.U. aspirants to take part in such information-sharing activities.

· Make public any denials of arms export applications based on the criteria defined by the E.U. Code of Conduct.

· Publicize information about arms brokers involved in illegal activities.

To the members of the Organization for Security and Cooperation in Europe

· Make public the results of the OSCE survey on arms trade controls, including the names of member countries that have not replied.

· Encourage the harmonization of arms trade controls among member countries.

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