1.
Each State Party involved in the transfer of conventional arms covered under
Article 2 (1) shall take measures to prevent their diversion.
2.
The exporting State Party shall seek to prevent the diversion of the transfer of
conventional arms covered under Article 2 (1) through its national control system,
established in accordance with Article 5 (2), by assessing the risk of diversion of the
export and considering the establishment of mitigation measures such as
confidence-building measures or jointly developed and agreed programmes by the
exporting and importing States. Other prevention measures may include, where
appropriate: examining parties involved in the export, requiring addit ional
documentation, certificates, assurances, not authorizing the export or other
appropriate measures.
3.
Importing, transit, trans-shipment and exporting States Parties shall cooperate
and exchange information, pursuant to their national laws, where ap propriate and
feasible, in order to mitigate the risk of diversion of the transfer of conventional
arms covered under Article 2 (1).
4.
If a State Party detects a diversion of transferred conventional arms covered
under Article 2 (1), the State Party shall take appropriate measures, pursuant to its
national laws and in accordance with international law, to address such diversion.
Such measures may include alerting potentially affected States Parties, examining
diverted shipments of such conventional arms covered under Article 2 (1), and
taking follow-up measures through investigation and law enforcement.
5.
In order to better comprehend and prevent the diversion of transferred
conventional arms covered under Article 2 (1), States Parties are encouraged to
share relevant information with one another on effective measures to address
diversion. Such information may include information on illicit activities including
corruption, international trafficking routes, illicit brokers, sources of illicit supply,
methods of concealment, common points of dispatch, or destinations used by
organized groups engaged in diversion.
6.
States Parties are encouraged to report to other States Parties, through the
Secretariat, on measures taken in addressing the diversion of tran sferred
conventional arms covered under Article 2 (1).
Article 12
Record keeping
1.
Each State Party shall maintain national records, pursuant to its national laws
and regulations, of its issuance of export authorizations or its actual exports of the
conventional arms covered under Article 2 (1).
2.
Each State Party is encouraged to maintain records of conventional arms
covered under Article 2 (1) that are transferred to its territory as the final destination
or that are authorized to transit or trans-ship territory under its jurisdiction.
3.
Each State Party is encouraged to include in those records: the quantity, value,
model/type, authorized international transfers of conventional arms covered under
Article 2 (1), conventional arms actually transferred, details of exporting State(s),
importing State(s), transit and trans-shipment State(s), and end users, as appropriate.
4.
Records shall be kept for a minimum of ten years.
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