The Encyclopedia is a project of the Geneva Academy of International Humanitarian Law and Human Rights launched on 2 December 2013. The Enyclopedia aims to provide accurate, up-to-date information on weapons, the effects of their use, and their regulation under public international law, in a format that is accessible to non-specialists.+ Find out more
The Elements for Effective Legislation on Arms Brokering outline some basic commitments by states participating in the 1995 Wassenaar Arrangement for controlling the activities of arms brokers, such as legislation, registration, licensing and authorization, and penalties.
Brokering was defined as a priority in the 2001 Programme of Action on Small Arms and Light Weapons, and is also mentioned in the 2000 OSCE Document on Small Arms and Light Weapons. Furthermore, on 31 October 2002, a statement by the President of the UN Security Council stressed the importance of further steps to enhance co-operation on the regulation of brokering activities. UNSC Statement by the President of the Security Council, UN doc S/PRST/2002/30, 31 October 2002.
In their 11–12 December 2002 Plenary Meeting, participating states in the 1995 Wassenaar Arrangement adopted a first Statement of Understanding on Arms Brokerage. Statement of Understanding on Arms Brokerage, Agreed at the WA Plenary, December 2002. This brief text emphasizes the belief that regulating the activities of arms brokers is necessary to achieve the goals of the Arrangement, and proposes to develop specific policy on the matter, which will include criteria for legislation, but also enforcement measures such as registration of brokers, limiting their number, licensing and authorization of brokering, and disclosure of transactions.
The Elements for Effective Legislation on Arms Brokering, adopted a year later, elaborate on these points.
States undertake to adopt and implement laws and regulations to control the activities of conventional arms brokers, and to review applications for licences and authorisations in light of the criteria of the 1995 Wassenaar Arrangement, as well as the 2002 Best Practice Guidelines for Exports of Small Arms and Light Weapons and the 2003 Elements for Export Controls of Man-Portable Air Defence Systems (MANPADS).
National legislation will contain the following elements:
Last updated on: 15 August 2017