International initiatives to prevent illicit brokering of arms and related materials

A consequence of the globalization of the arms trade is the increasing reliance on the services of brokers, who find markets, negotiate deals and make logistical arrangements to meet the requirements of buyers, sellers and other relevant actors, such as government officials, financiers and transport agents. However, in the majority of countries, national laws covering arms brokering are non-existent or inadequate.

This article outlines the types of arms brokering control measures that are now being recommended and established by states, as well as some of the main difficulties in doing so. The author asserts how the momentum of states to act in concert to improve national legislation, regulations and administrative procedures can and should be further stepped up without delay.

The paper details:

• The weakness of existing national laws - between 2002 and 2008, only 52 states reported to the United Nations that they had established legal control measures on brokering in small arms and light weapons
  
• Using global loopholes to evade US arms brokering law
  
• Extradition challenges - cross-border cooperation among regulatory and law enforcement authorities is necessary to prevent illicit brokering
  
• The UN framework to control brokering of small arms and light weapons

The author offers a number of recommendations, including: 

• more states need to devise and implement effective action plans to establish robust national legislation and to enhance their Member States now have many avenues of action officially recommended to them, from national measures to regional initiatives and international cooperation
  
• brokering of conventional arms should be thoroughly assessed by national authorities against fundamental common criteria
  
• establishing a strict national registration and licensing system as well as information-sharing
  procedures to control such activities could help better ensure respect for international law, and could increase inter-state judicial cooperation to ensure prompt investigations and prosecutions according to the rule of law
  
• if common standards were agreed, the authorities in states where the dealers and brokers reside, would have a chance to consult the intended receiving states before a brokering transaction was approved, and thus provide another means to help save lives, protect livelihoods and contribute significantly to ensuring more respect for human rights in many countries.