Reviewing 2017 ATT Annual Reports on Arms Exports and Imports: Fulfilling the Promise of the ATT?
THE ARMS TRADE TREATY-BASELINE ASSESSMENT PROJECT The Arms Trade Treaty-Baseline Assessment Project (ATT-BAP) aims to assist States in understanding the obligations of the ATT and to promote effective implementation. ATT-BAP supports efforts to assist States in implementing the Treaty and to ensure that reporting on the ATT is comprehensive and robust. In particular, ATT-BAP seeks to help States identify necessary requirements to effectively implement the ATT. ATT-BAP has developed tools to help provide a baseline for assessing State progress in implementing the ATT and to enable measurement of the Treatys impact and long-term effectiveness. These tools are also utilized for identifying State capacity and resource needs, including the identification of critical gaps and available resources to implement the ATT. The tools include a Ratification Checklist, the ATT-BAP Baseline Assessment Survey, the ATT-BAP Portal and database, and guidance for completing initial and annual reports.
The Arms Trade Treaty (ATT) seeks to promote cooperation, transparency, and responsible action in the international arms trade. One of the ways in which ATT States Parties can demonstrate that their arms transfer decisions comply with their ATT obligations is by providing an annual report containing information on authorizations or actual exports and imports of the eight categories of conventional arms contained in Article 2(1) of the Treaty (hereafter referred to as annual report). Article 13(3) of the Treaty obliges all States Parties to provide an annual report to the ATT Secretariat by 31 May each year. States Parties can decide to make their reports private or publicly available on the ATT Secretariats website.
In 2016, ATT-BAP analyzed the first round of ATT annual reports and noted an incremental increase in transparency in international arms transfers. For example, 79 percent of the 61 ATT States Parties due to report provided an annual ATT report on their 2015 arms exports and imports a comparatively high reporting rate for an international instrument in the conventional arms control field. Several of these States Parties have not previously provided information on their arms transfers, in particular transfers of small arms and light weapons (SALW), to international transparency instruments.
This ATT-BAP report analyzes the second round of annual reports that were received by the ATT Secretariat by 31 August 2017 and publicly displayed on the ATT Secretariats website. Seventy-Five States Parties were due to submit an ATT annual report to the ATT Secretariat by 31 May 2017, providing information on authorizations or actual exports and imports of conventional arms that took place during the 2016 calendar year. Only 47 States had reported by 31 August, a 63 percent compliance rate. This report compares the quantity and quality of information provided by ATT States Parties in the first and second rounds of annual reports. The main question addressed by this report is:
Does the second round of ATT annual reports represent an increase in transparency in the international arms trade?
This report is divided into three sections. The first section outlines the rationale for and purpose of the annual reports on arms exports and imports. The second section provides an overview of the contents of the second ATT annual reports. This section considers the following types of information: reports on exports of the first seven categories of conventional arms contained in Article 2(1) of the Treaty; reports on imports of the same categories; reports on exports of SALW; and reports on imports of SALW. It also compares the first and second annual reports. The report concludes with a series of observations on the trend in reporting when comparing the first and second rounds of annual reports, as well as recommendations for the third round of ATT annual reports that could assist in fulfilling the promise of the ATT to increase arms trade transparency.
2 REVIEWING 2017 ATT ANNUAL REPORTS ON ARMS EXPORTS AND IMPORTS
All States Parties are required to submit an annual report in accordance with Article 13(3) of the ATT, which states:
Each State Party shall submit annually to the Secretariat by 31 May a report for the preceding calendar year concerning authorized or actual exports and imports of conventional arms covered under Article 2(1). Reports shall be made available, and distributed to States Parties by the Secretariat. The report submitted to the Secretariat may contain the same information submitted by the State Party to relevant United Nations frameworks, including the United Nations Register of Conventional Arms. Reports may exclude commercially sensitive or national security information.
The annual report contributes to the objective and purpose of the ATT by supporting cooperation and transparency in the international arms trade. The final report of the informal working group on reporting templates noted that an annual report on arms exports and imports can:
Demonstrate a State Partys adherence to Treaty obligations regarding the responsible regulation of the international transfer of controlled items;
Enhance awareness of regional and global arms flows;
Promote confidence-building among States Parties;
Contribute toward early warning signals for potential conflicts;
Support conflict prevention efforts; and
Represent valuable input to risk assessment processes of national licensing systems.1
To help address potential concerns with reporting burdens and fatigue, Article 13(3) notes that States Parties can provide the same information on their arms exports and imports in their annual reports as provided to the UN Register of Conventional Arms (UNROCA). The first seven categories of conventional arms listed in Article 2(1) of the ATT are the same categories of conventional arms covered by UNROCA (see Box 1). Since 2003, States have also been invited to provide background information on international transfers of SALW. Thus, States that have provided information to UNROCA for all eight categories of conventional arms listed in Article 2(1) may use the same information in their ATT annual reports.
Box 1. Categories of Conventional Arms Contained in Article 2(1) of the ATT Compared to UNROCA Categories
ATT Categories UNROCA Categories and Descriptions
a) Battle tanks Category I. Battle tanks
Tracked or wheeled self-propelled armoured fighting vehicles with high cross-country mobility and a high-level of self-protection, weighing at least 16.5 metric tons unladen weight, with a high muzzle velocity direct fire main gun of at least 75 millimetres calibre.
b) Armoured combat vehicles
Category II. Armoured combat vehicles
Tracked, semi-tracked or wheeled self-propelled vehicles, with armoured protection and capability, either: (a) designed and equipped to transport a squad of four or more infantrymen, or (b) armed with an integral or organic weapon of at least 12.5 millimetres calibre or a missile launcher.
THE PURPOSE OF ATT ANNUAL REPORTS ON ARMS EXPORTS AND IMPORTS
ATT Categories UNROCA Categories and Descriptions
c) Large-calibre artillery systems
Category III. Large-calibre artillery systems
Guns, howitzers, artillery pieces, combining the characteristics of a gun or a howitzer, mortars or multiple-launch rocket systems, capable of engaging surface targets by delivering primarily indirect fire, with a calibre of 75 millimetres and above.
d) Combat aircraft Category IV. Combat aircraft
Fixed-wing or variable-geometry wing aircraft designed, equipped or modified to engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction, including versions of these aircraft which perform specialized electronic warfare, suppression of air defence or reconnaissance missions. The term combat aircraft does not include primary trainer aircraft, unless designed, equipped or modified as described above.
e) Attack helicopters
Category V. Attack helicopters
Rotary-wing aircraft designed, equipped or modified to engage targets by employing guided or unguided anti-armour, air-to-surface, air-to-subsurface, or air-to-air weapons and equipped with an integrated fire control and aiming system for these weapons, including versions of these aircraft which perform specialized reconnaissance or electronic warfare missions.
f) Warships Category VI. Warships
Vessels or submarines armed and equipped for military use with a standard displacement of 500 metric tons or above, and those with a standard displacement of less than 500 metric tons, equipped for launching missiles with a range of at least 25 kilometres or torpedoes with similar range.
g) Missiles and missile launchers
Category VII. Missiles and missile launchers
(a) Guided or unguided rockets, ballistic or cruise missiles capable of delivering a warhead or weapon of destruction to a range of at least 25 kilometres, and means designed or modified specifically for launching such missiles or rockets, if not covered by categories I through VI. For the purpose of the Register, this sub-category includes remotely piloted vehicles with the characteristics for missiles as defined above but does not include ground-to-air missiles.
(b) Man-Portable Air-Defense Systems (MANPADS).
h) Small arms and light weapons
Sub-Categories of Small Arms and Light Weapons in the UNROCA Form for Providing Background Information on International Transfers of SALW
Small arms sub-categories
1. Revolvers and self-loading pistols2. Rifles and carbines3. Sub-machine guns4. Assault rifles5. Light machine guns6. Others (not defined)
Light weapons sub-categories
1. Heavy machine guns2. Hand-held under-barrel and mounted grenade launchers3. Portable anti-tank guns4. Recoilless rifles5. Portable anti-tank missile launchers and rocket systems6. Mortars of calibres less than 75 mm7. Others (not defined)
4 REVIEWING 2017 ATT ANNUAL REPORTS ON ARMS EXPORTS AND IMPORTS
Twenty-Seven of the 75 States Parties required to submit their annual report by 31 May 2017 had done so, representing a reporting compliance rate of 36 percent. By comparison, 28 of the 61 States Parties due to submit their 2015 annual reports by 31 May 2016 had done so, representing a 46 percent reporting rate.2 By 31 August 2017, 47 States Parties had submitted an ATT annual report on transfers undertaken during the 2016 calendar year, thereby bringing the reporting rate to 63 percent. In addition, Greece submitted its first annual report, although it was not required to do so. Therefore, 48 States Parties provided an annual report for transfers undertaken during 2016. Forty-Five reports have been made public, and three are available only for States Parties.
In total, 51 ATT States Parties provided an annual report on authorizations or actual exports and imports that took place during the 2015 calendar year by 31 August 2017. Reports submitted by Estonia, Panama, Paraguay, and Sierra Leone were made publicly available on the ATT Secretariat website after 31 August 2017. Paraguay and Sierra Leone submitted their first and second ATT annual reports at the same time in 2017. Table 1 provides a comparison of reporting by ATT States Parties for their first and second rounds of ATT annual reports.
This report reviews the 45 publicly available annual reports submitted by 31 August 2017, which provide information on authorizations and actual exports and imports that took place during calendar year 2016. It focuses on the types of information provided in the annual reports. The report does not verify the information on arms exports and imports contained in States Parties annual reports, nor does it compare this information with other sources of publicly available information on international arms transfers. The report compares the approach taken, and types of information made available, in the first and second annual reports. Unfortunately, a comparison of national practice is not possible for all States Parties because:
Seven States Parties that provided a first ATT annual report did not provide a second report by 31 August 20173; and
Three States Parties made their first annual reports publicly available but restricted access to their second annual reports.4
Table 1 shows the reporting practices of ATT States Parties for the first and second rounds of ATT annual reports. Overall, 54 ATT States Parties have submitted at least one ATT annual report and 44 ATT States Parties had submitted two ATT annual reports to the ATT Secretariat by 31 August 2017. Twenty-One ATT States Parties that should have submitted at least one annual report had not done so by 31 August 2017.
OVERVIEW OF THE SECOND ROUND OF ATT ANNUAL REPORTS
States Parties due to submit their first ATT annual reports by 31 May 2017
States Parties due to submit their first ATT annual reports by 31 May 2017 Nine ATT States Parties were due to submit their first ATT annual reports on activities conducted during 2016 by 31 May 2017 but have not yet done so: Barbados, Belize, Chad, Cte dIvoire, Dominica, Mauritania, Niger, San Marino, and Tuvalu.
Box 2. First Signs of a Worrying Trend? Restricting Access to ATT Annual Reports
Table 1. Reporting on International Arms Transfers in the First and Second ATT Annual Reports5
State Party Region 2016 ATT Annual Reports 2017 ATT Annual Reports
Albania Europe 3 3
Antigua and Barbuda Americas X X
Argentina Americas 3 3
Australia Asia and Oceania 3 3
Austria Europe 3 3
Bahamas Americas X X
Barbados Americas X
Belgium Europe 3 3
Belize Americas X
Bosnia and Herzegovina Europe 3 3
Bulgaria Europe 3 3
Burkina Faso Africa X 3
Chad Africa X
Costa Rica Americas 3 X
Cte DIvoire Africa X
Croatia Europe 3 X
Czech Republic Europe 3 3
Denmark Europe 3 3
Dominica Americas X
Dominican Republic Americas 3 X
El Salvador Americas 3 3
Estonia Europe 3 3
Finland Europe 3 3
France Europe 3 3
Germany Europe 3 3
Greece Europe 3*
Grenada Americas X X
Guinea Africa X X
Guyana Americas X X
Slovakia was the only State Party that did not make its first ATT annual report publicly available. It is therefore a positive step towards increasing transparency that Slovakia made its second annual report publicly available. However, three States Parties chose not to make their second annual reports publicly available: Liberia, Panama, and Senegal. Each of these States Parties made their first ATT annual reports publicly available. This represents a negative indicator for transparency in 2017. Bosnia and Herzegovina and Uruguay initially restricted access to their second annual reports, so that they were only available to States Parties, but later made their reports...