[Weekly Compilation of Presidential Documents Volume 36, Number 51 (Monday, December 25, 2000)]
[Pages 3106-3107]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Declaration by the United States and the European Union on the 
Responsibilities of States and on Transparency Regarding Arms Exports

December 18, 2000

    The United States and the European Union share a common vision on 
the question of arms export controls. That is why we have decided to 
work jointly to encourage all arms exporting countries to adopt the 
principles and degree of transparency which we apply to our own exports. 
We are agreed that we have special responsibilities in this respect. 
Accordingly, together we will pursue the promotion of these principles 
with rigor and seriousness of purpose.
    The European Union expressed, very early on, its determination to 
promote common high-level standards in this field with the adoption in 
1991 and 1992 by the Luxembourg and Lisbon European Councils of the 
first set of common criteria for arms exports. The adoption in 1998 of 
the EU Code of Conduct for arms exports was a new step forward as it 
introduced a mechanism for notifications and consultations, the only one 
of its kind. Since its entry into force in June 1998, the Code of 
Conduct has helped to increase significantly the level of transparency 
in arms exports and to promote convergence of the national arms export 
policies implemented by Member States. The European Union encourages 
other countries to adhere to the principles of the code of conduct and 
welcomes the fact that 17 countries have declared they would apply these 
principles to their own export decisions.
    The United States, for its part, maintains comprehensive national 
arms export control policies, including registration of manufacturers 
and exporters of defense articles and services subject to U.S. 
jurisdiction, wide-ranging controls on exports of defense services, 
manufacturing licenses, technical assistance and brokering transactions, 
rigorous case-by-case review of applications or other requests for 
approval, requirements for U.S. government consent for retransfers of 
U.S. origin defense articles and services, and effective enforcement 
measures including a vigorous program of pre- and post-shipment 
monitoring of U.S. arms transfers. The United States has also supported 
efforts to strengthen international and multilateral controls involving 
greater responsibility, transparency and restraint. The United States 
has welcomed and expressed its strong support for the principles 
embodied in the EU Code of Conduct for Arms Exports, which are 
consistent with the U.S. arms transfer policy criteria. In furtherance 
of these policies and efforts, the United States has recently proposed 
the development and negotiation of an ``international arms sales code of 
conduct'' as a means of promoting principles and practices of 
responsibility,

[[Page 3107]]

transparency and restraint on a wider international scale.
    In deciding to collaborate in the promotion of these principles 
regarding arms exports, the United States and the European Union 
reaffirm the right of States to acquire the means of self-defense, 
consistent with the UN Charter Implementation of stringent and 
responsible controls by exporting States is a sine qua non for the 
acceptable conduct of arms exports. The efficiency of such controls is 
enhanced by a close dialogue between the licensing authorities and the 
exporting companies.
    We reaffirm the fundamental importance we attach to the promotion of 
democracy and the respect for human rights. For this reason, we deem it 
crucial to avoid export of military equipment when there is reason to 
believe that it will be used for internal repression or violation of 
internationally recognized human rights and fundamental freedoms.
    We also stress that arms transfers should not contribute to or 
result in excessive or destabilizing arms accumulations, regional 
instability, armed aggression, the precipitation, escalation or 
aggravation of internal or interstate conflicts, proliferation of 
weapons of mass destruction and missiles capable of delivering them, 
international terrorism, or in arms diversion. We reiterate the 
fundamental importance of respect, by all countries, of international 
commitments, in particular arms embargoes imposed by the United Nations 
Security Council and other competent international bodies.
    Illicit trafficking and diversion of military equipment are also 
serious concerns. We will continue to exercise particular vigilance with 
regard to exports of small arms and light weapons. We adopted a joint 
declaration on ``Common Principles on Small Arms and Light Weapons'', on 
December 17, 1999, which encompasses these standards. We support the 
Moratorium and the Code of Conduct adopted by ECOWAS in 1999 and assert 
our intention to respect the Moratorium's principles when examining 
export applications at the national level.
    In this context, the United States and the European Union have 
decided to act jointly to encourage all arms exporting countries to 
submit their export decisions to rigorous criteria and to greater 
transparency. In particular, we commit ourselves to promoting the 
highest possible standards of conduct and enhanced export control 
practices based on our shared principles of responsibility, transparency 
and restraint, including:
 <bullet>    implementation of stringent national controls over exports 
            of arms and military equipment, and of related technologies;
 <bullet>    authorization of exports of arms and military equipment, 
            and of related technologies only after an in-depth review of 
            the internal situation of the buyer country and of the 
            regional context in order to assure that such exports are 
            not likely to create or heighten internal tensions or 
            conflicts, to be used for the violation of human rights, to 
            threaten peace and regional stability, or be diverted or re-
            exported in undesirable conditions; and
 <bullet>    promotion of transparency by regularly circulating public 
            information at the national level on authorized arms 
            transfers and supporting expanded transparency regarding 
            arms exports in the competent international fora, including 
            the United Nations Register of Conventional Arms, the OSCE 
            and the Wassenaar Arrangement.
    The United States and the European Union affirm their commitment to 
work together to promote the aforementioned principles and enhanced 
export control practices.

Note: An original was not available for verification of the content of 
this joint statement.