(a)

the obligations of Member States and their commitments to enforce United Nations, European Union and Organisation for Security and Cooperation in Europe arms embargoes;

(b)

the obligations of Member States under the Nuclear Non-Proliferation Treaty, the Biological and Toxin Weapons Convention and the Chemical Weapons Convention;

(c)

the obligations of Member States under the Convention on Certain Conventional Weapons and the relevant Protocols annexed thereto;

(d)

the obligations of Member States under the Arms Trade Treaty;

(e)

the obligations of Member States under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention);

(f)

the commitments of Member States under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;

(g)

the commitments of Member States under the Global Framework for Through-life Conventional Ammunition Management;

(h)

the commitments of Member States in the framework of the Australia Group, the Missile Technology Control Regime, the Zangger Committee, the Nuclear Suppliers Group, the Wassenaar Arrangement and The Hague Code of Conduct against Ballistic Missile Proliferation.

—

Having assessed the recipient country’s attitude towards relevant principles established by international human rights instruments, including the human rights situation in that country, Member States shall:

For these purposes, technology or equipment which might be used for internal repression includes, inter alia, technology or equipment where there is evidence of the use of that or similar technology or equipment for internal repression by the proposed end-user, or where there is reason to believe that the technology or equipment will be diverted from its stated end use or end-user and be used for internal repression. In line with Article 1, the nature of the technology or equipment shall be considered carefully, particularly if it is intended for internal security purposes. Internal repression includes, inter alia, torture and other cruel, inhuman and degrading treatment or punishment, summary or arbitrary executions, disappearances, arbitrary detentions, and other serious violations of human rights and fundamental freedoms as set out in relevant international human rights instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.

—

Having assessed the recipient country’s attitude towards relevant principles established by instruments of international humanitarian law and respect for international humanitarian law, Member States shall:

(a)

the existence or likelihood of armed conflict between the recipient and another country;

(b)

a territorial claim which the recipient has in the past tried or threatened to pursue by means of force;

(c)

the likelihood of the military technology or equipment being used other than for the legitimate and lawful national security and defence of the recipient country, or the exercise of the inherent right of self-defence of the recipient country in accordance with international law, enshrined in Article 51 of the Charter of the United Nations;

(d)

the need not to affect adversely regional stability in any significant way.

(a)

the potential effects of the military technology or equipment to be exported on their defence and security interests as well as those of other Member States, those of friendly and allied countries, without prejudice to the consideration of the criteria on respect for human rights and international humanitarian law as well as on regional peace, security and stability;

(b)

the risk of use of the military technology or equipment concerned against their forces or those of Member States and those of friendly and allied countries.

(a)

its support for or encouragement of terrorism and international organised crime;

(b)

its compliance with its international commitments, in particular those regarding the non-use of force, and with international humanitarian law;

(c)

its commitment to non-proliferation and other areas of arms control and disarmament, in particular the signature, ratification and implementation of relevant arms control and disarmament conventions referred to in points (b) to (d) of Criterion One.

(a)

the legitimate defence and domestic security interests of the recipient country, including any participation in United Nations or other peace-keeping activity;

(b)

the technical capability of the recipient country to use and protect such technology or equipment;

(c)

the capability of the recipient country to apply effective export controls, including where the military technology or equipment to be exported include or are goods to be incorporated into products for subsequent export by the recipient country;

(d)

the risk of such technology or equipment being re-exported to undesirable destinations, and the record of the recipient country in respecting any re-export provision or consent prior to re-export which the exporting Member State considers appropriate to impose;

(e)

the risk of such technology or equipment being diverted to terrorist organisations or to individual terrorists;

(f)

the risk of reverse engineering or unintended technology transfer;

(g)

the risk of such technology or equipment being used to circumvent restrictive measures adopted by the United Nations or by the European Union;

(h)

the risk of aggravating conflict, violence, and illegal activities due to the specific nature of the technology and equipment to be exported, in particular with respect to the risk of diversion of small arms and light weapons.