would violate its obligations under measures adopted by the United Nations Security
Council acting under Chapter VII of the Charter of the United Nations, in particular
arms embargoes.
2.
A State Party shall not authorize any transfer of conventional arms covered
under Article 2 (1) or of items covered under Article 3 or Article 4, if the t ransfer
would violate its relevant international obligations under international agreements to
which it is a Party, in particular those relating to the transfer of, or illicit trafficking
in, conventional arms.
3.
A State Party shall not authorize any transfer of conventional arms covered
under Article 2 (1) or of items covered under Article 3 or Article 4, if it has
knowledge at the time of authorization that the arms or items would be used in the
commission of genocide, crimes against humanity, grave breaches of the Geneva
Conventions of 1949, attacks directed against civilian objects or civilians protected
as such, or other war crimes as defined by international agreements to which it is a
Party.
Article 7
Export and Export Assessment
1.
If the export is not prohibited under Article 6, each exporting State Party, prior
to authorization of the export of conventional arms covered under Article 2 (1) or of
items covered under Article 3 or Article 4, under its jurisdiction and pursuant to its
national control system, shall, in an objective and non-discriminatory manner,
taking into account relevant factors, including information provided by the
importing State in accordance with Article 8 (1), assess the potential that the
conventional arms or items:
(a)
would contribute to or undermine peace and security;
(b)
could be used to:
(i)
commit or facilitate a serious violation of international humanitarian law;
(ii)
commit or facilitate a serious violation of international human rights law;
(iii) commit or facilitate an act constituting an offence under international
conventions or protocols relating to terrorism to which the exporting State is a
Party; or
(iv) commit or facilitate an act constituting an offence under international
conventions or protocols relating to transnational organized crime to which the
exporting State is a Party.
2.
The exporting State Party shall also consider whether there are measures that
could be undertaken to mitigate risks identified in (a) or (b) in paragraph 1, such as
confidence-building measures or jointly developed and agreed programmes by the
exporting and importing States.
3.
If, after conducting this assessment and considering available mitigating
measures, the exporting State Party determines that there is an overrid ing risk of any
of the negative consequences in paragraph 1, the exporting State Party shall not
authorize the export.
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