INTRODUCTION

Under Article 10 of the Arms Trade Treaty (ATT), States Parties must take measures to regulate the brokering of conventional arms covered by Article 2(1). The need for this provision in the Treaty results from the growing recognition by States that brokering activities by individuals or corporate entities are used for the international trade in conventional arms, often with little or no regulation.

Brokers operating in international markets find prospective buyers and sellers in different countries in order to facilitate and arrange transactions for the transfer of arms, munitions and related materials, without necessarily owning the items, but in return for a commission fee or non-pecuniary reward or benefit. Demand for such services stems from the increasingly differentiated markets whereby a multitude of products, buyers and suppliers around the world, including States and large defence manufacturers, use the services of specialist intermediaries, as well as agents and dealers. Ordinarily, States use brokering services for the purpose of acquiring the means of legitimate selfdefence and law enforcement. However the activities of many brokers in the international arms trade can deliberately or inadvertently escape national trade controls, creating ‘grey’ markets and sometimes fuelling illicit markets.

Discussions amongst States within the United Nations (UN) have moved toward a more common understanding of what is meant by illicit arms brokering, and it is now agreed by a majority of States not only that brokering of international arms transfers should be brought under strict national control, but also that illicit brokering can include all types of weapons – small arms and light weapons, conventional arms as well as materials, equipment and technology that could contribute to the proliferation of weapons of mass destruction (WMD) and their means of delivery.

NEGOTIATING HISTORY

By its resolution 61/89, the General Assembly requested the Secretary-General to establish a group of governmental experts (GGE) to examine the feasibility, scope and draftparameters for a potential ATT. The GGE mentioned illicit brokering as possible activities/transactions that might be included in the Treaty.