[Senate Treaty Document 114-14]
[From the U.S. Government Publishing Office]


114th Congress  }                                        {  Treaty Doc.
SENATE
2d Session     }                                        {       114-14
_______________________________________________________________________


 
                         THE ARMS TRADE TREATY

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

THE ARMS TRADE TREATY, DONE AT NEW YORK ON APRIL 2, 2013, AND SIGNED BY 
                THE UNITED STATES ON SEPTEMBER 25, 2013

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 December 9, 2016.--Treaty was read the first time, and together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate
          
                              ----------

                 U.S. GOVERNMENT PUBLISHING OFFICE


69-118                    WASHINGTON : 2016




                         LETTER OF TRANSMITTAL

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                                 The White House, December 9, 2016.

To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, subject to certain declarations and 
understandings set forth in the enclosed report, I transmit 
herewith the Arms Trade Treaty, done at New York on April 2, 
2013, and signed by the United States on September 25, 2013. I 
also transmit, for the information of the Senate, the report of 
the Secretary of State with respect to the Treaty, which 
contains a detailed article-by-article analysis of the Treaty.
    The Treaty is designed to regulate the international trade 
in conventional arms--including small arms, tanks, combat 
aircraft, and warships--and to reduce the risk that 
international arms transfers will be used to commit atrocities, 
without impeding the legitimate arms trade. It will contribute 
to international peace and security, will strengthen the 
legitimate international trade in conventional arms, and is 
fully consistent with rights of U.S. citizens (including those 
secured by the Second Amendment to the U.S. Constitution). 
United States national control systems and practices to 
regulate the international transfer of conventional arms 
already meet or exceed the requirements of the Treaty, and no 
further legislation is necessary to comply with the Treaty. A 
key goal of the Treaty is to persuade other States to adopt 
national control systems for the international transfer of 
conventional arms that are closer to our own high standards.
    By providing a basis for insisting that other countries 
improve national control systems for the international transfer 
of conventional arms, the Treaty will help reduce the risk that 
international transfers of specific conventional arms and items 
will be abused to carry out the world's worst crimes, including 
genocide, crimes against humanity, and war crimes. It will be 
an important foundational tool in ongoing efforts to prevent 
the illicit proliferation of conventional weapons around the 
world, which creates instability and supports some of the 
world's most violent regimes, terrorists, and criminals. The 
Treaty commits States Parties to establish and maintain a 
national system for the international transfer of conventional 
arms and to implement provisions of the Treaty that establish 
common international standards for conducting the international 
trade in conventional arms in a responsible manner. The Treaty 
is an important first step in bringing other countries up 
towards our own high national standards that already meet or 
exceed those of the Treaty.
    The Treaty will strengthen our security without undermining 
legitimate international trade in conventional arms. The Treaty 
reflects the realities of the global nature of the defense 
supply chain in today's world. It will benefit U.S. companies 
by requiring States Parties to apply a common set of standards 
in regulating the defense trade, which establishes a more level 
playing field for U.S. industry. Industry also will benefit 
from the international transparency required by the Treaty, 
allowing U.S. industry to be better informed in advance of the 
national regulations of countries with which it is engaged in 
trade. This will provide U.S. industry with a clearer view of 
the international trading arena, fostering its ability to make 
more competitive and responsible business decisions based on 
more refined strategic analyses of the risks, including risks 
of possible diversion or potential gaps in accountability for 
international arms transfers, and the associated mitigation 
measures to reduce such risks in a given market.
    The Treaty explicitly reaffirms the sovereign right of each 
country to decide for itself, pursuant to its own 
constitutional and legal system, how to deal with conventional 
arms that are traded exclusively within its borders. It also 
recognizes that legitimate purposes and interests exist for 
both individuals and governments to own, transfer, and use 
conventional arms. The Treaty is fully consistent with the 
domestic rights of U.S. citizens, including those guaranteed 
under the U.S. Constitution.
    I recommend that the Senate give early and favorable 
consideration to the Treaty, and that it give its advice and 
consent to ratification of the Treaty, subject to the 
understandings and declarations set forth in the accompanying 
report.

                                                    Barack Obama.  
                          LETTER OF SUBMITTAL

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                                       Department of State,
                                  Washington, DC, December 5, 2016.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to its transmittal to the Senate for advice and consent to 
ratification, subject to the understandings and declarations 
set forth in the enclosed Overview, the Arms Trade Treaty (the 
``ATT'' or the ``Treaty''), which I signed at the United 
Nations in New York on September 25, 2013. The Treaty entered 
into force on December 24, 2014. Also enclosed is an Overview 
of the Treaty, which includes a detailed article-by-article 
analysis of the Treaty.
    This Treaty will enhance the national security of the 
United States. The United States has long sought to promote 
greater standards for the international transfer of 
conventional arms, and the ATT is a multilateral treaty that 
requires each State Party to establish a national control 
system to regulate the international transfer of conventional 
arms covered by the Treaty, as well as the export of parts and 
components and ammunition/munitions covered by the Treaty. It 
will provide leverage for insisting that other countries 
improve their national control systems for the international 
transfer of conventional arms and thereby help reduce the risk 
that international transfers of specific conventional arms and 
items will be abused to carry out the world's worst crimes, 
including genocide, crimes against humanity, and war crimes. It 
will also be an important foundational tool in ongoing efforts 
to prevent the illicit proliferation of conventional weapons 
around the world, which creates instability and supports some 
of the world's most violent regimes, terrorists, and criminals.
    The U.S. national control systems and practices to regulate 
the international transfer of conventional arms already meet or 
exceed the requirements of the Treaty. No additional 
legislation or regulation is required to comply with the 
Treaty. The Treaty will be an important tool in getting other 
States to adopt control systems that are closer to our high 
standards. The Treaty is not self-executing.
    The Departments of Commerce, Defense, Justice, and Homeland 
Security join me in recommending that the Treaty be transmitted 
to the Senate at the earliest possible date for its advice and 
consent to ratification, subject to the understandings and 
declarations set forth in the enclosed Overview.
    Respectfully submitted.
                                                   John F. Kerry.  
    Enclosures: As stated.

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