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Statement by the United States of America in the UN Security Council
Debate On the Secretary General's Report on Small Arms and Light Weapons


New York, New York
April 30, 2008

Thank you, Mr. President.  And thanks to Mrs. Hoppe for her intro of the Secretary-General's report.

The United States believes the report effectively outlines the steps States need to take, and the tools at their disposal, to reduce the illicit proliferation of Small Arms and Light Weapons (SA/LW) and enforce UN arms embargoes.  We particularly note those recommendations in the report that call for concrete actions by States and increased coordination amongst donors. 

The United States has been a key player in the international effort to reduce the illicit proliferation of Small Arms and Light Weapons (SA/LW).  We apply strict controls on weapons transfers - both import
and export - including a robust end-user monitoring system; strong controls over brokers; and effective stockpile management practices.

The United States also continues to render assistance to other States in their efforts to implement the UN Program of Action through our assistance in SA/LW destruction, stockpile security and management, end-use controls, and establishment or strengthening of brokering controls. 

In its Presidential Statement of June 2007 (S/PRST/2007/24), the Security Council laid out concrete steps for States to implement the UN Program of Action on SA/LW as well as the International Tracing
Instrument.  In particular, the council encouraged all States "to strengthen physical security and stockpile management, destroy surplus and obsolete SA/LW, ensure all SA/LW are marked at the time of manufacture and import, and strengthen export and border controls and control brokering activities."

The U.S. has played an active role in encouraging States to mark all its weapons and trace illicit SA/LW.  We trace nearly 50,000 weapons for foreign law enforcement agencies per year.  We have also been active in the implementation of the International Tracing Instrument. 

My President, a few comments on the Secretary-General's recommendations. The report stresses the importance of end user certificates.  We are supportive of this approach but would urge States to go one step further and establish a more comprehensive end-user monitoring system.  Illicit brokers have proven that a certificate can easily be forged.  A robust end-user monitoring system, however, would allow States to conduct physical pre and post shipment inspections as well as random inspections following a weapons shipment, to verify that the SA/LW have not been transferred without prior approval and are being used as intended.  The recipient State would be responsible to establish sound customs and import procedures in order to verify the accuracy of the shipment.

Illicit brokering was also highlighted in the report before us today. The United States participated actively in the UN Group of Governmental Experts on brokering.  We would urge States to take a close look at the recommendations put forward to the Secretary General by the Group.  If implemented, these recommended provisions could go a long way in reducing arms embargo violations and other illicit transfers.

The report also makes frequent reference to possible areas for UNSC action with respect to arms embargoes.  Almost all examples and recommendations are drawn in the report from the most difficult and complex cases which have involved both embargoes and peacekeeping missions in countries or areas where there has been a complete or near-complete breakdown in civil order. 

There is a legal maxim that says "hard cases do not make good law."   We should not look to the most difficult and complex cases as a source of rules for general application in future arms embargoes and/or
peacekeeping operations.  Moreover, the paper infers that it is the principal duty of the UN Security Council, or its components, or peacekeeping missions set up under its authority, to enforce arms
embargoes.  It is not.  Enforcement of arms embargoes is primarily a duty of member states of the United Nations. 

It is our view that the establishment of comprehensive national laws and regulations is key to the enforcement of arms embargoes and sanctions, and the cornerstone for the reduction of illicit SA/LW proliferation. We would caution against actions that increase the burden on States, however, through additional studies and mandates, since more assistance, not reports and meetings, are required for the international community to reach our common goal.  We also caution against efforts at standardizing practices without some indication that such standardization will be effective at combating the illicit trade or do not duplicate already-existing and effective regional best practices. 

Finally, Mr. President, the United States welcomes the inclusion of the UN Peacebuilding Commission (PBC) in the report's consideration of ways to address small arms issues in peacebuilding efforts.  We want to see the PBC succeed in its role of marshalling support for sustainable peacebuilding.  We welcome greater coordination that helps reduce the illicit proliferation of SA/LW.

Thank you.