Arms Transfer Code of Conduct: Talking Points

• democratic form of government
• respect for basic human rights of citizens
• non-aggression (against other states)
• full participation in the U.N. Register of Conventional Arms

The Code's criteria are all primary foreign policy tenets of past and present U.S. administrations. Nevertheless, 90 percent of the record $14.8 billion in U.S. arms sales to the Third World in 1993 went to states which do not meet the Code's criteria.

This bill would not ban all arms sales. The government and U.S. contractors may continue to export arms to countries which meet the Code's criteria. Exports may continue to those which do not meet the criteria, if the Executive and Legislative branches believe exports to be in the national interest.

The bill raises the level of scrutiny on arms exports to those governments which may be less stable because of their repressive or aggressive practices. Heightened scrutiny is called for in order to keep U.S. weapons from outlasting U.S. alliances.

Which countries would be affected? The administration will determine which countries meet the Code's criteria. Information concerning several of the criteria is contained in State Department publications; participation in the U.N. Register is a matter of public record.

The act increases Congressional responsibility but does not encroach on Executive Branch foreign-policy making prerogatives.

The Congressional Research Service has determined that the bill is Constitutional.

The U.S. Congress has long applied conditions on U.S. military aid weapons purchased with U.S. taxpayer funds. This bill would apply conditions on all U.S. weapons exports, no matter how they are paid for.

Congress already has the ability under U.S. law (Arms Export Control Act section 36) to block any individual arms export. This provision of law would remain in effect when the Code is enacted.

The Act provides important leverage to the Executive branch to help move U.S. allies toward democracy, respect for human rights, non-aggression and participation in the international arms register.

If the U.S. doesn't sell weapons to countries which don't live up to the Code, won't someone else? The United States is the world's undisputed political leader. It is also the world's undisputed leader in arms exports. U.S. leadership in making responsible arms exports is crucial. If U.S. policy sets a standard, the government can challenge others to adhere to similar standards. When the U.S. has led the way in the past (ballistic missile control; anti-personnel landmines), it has succeeded in encouraging others to follow.