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1. Each State Party, in considering whether to authorize an export of conventional arms within the scope of this Treaty, shall, prior to authorization and through national control systems, make an assessment specific to the circumstances of the transfer based on the following criteria:

2. Whether the proposed export of conventional arms would:
- Be used to commit or facilitate serious violations of international humanitarian law;
- Be used to commit or facilitate serious violations of international human rights law;
- Contribute to peace and security;
- Be used to commit or facilitate an act constituting an offense under international conventions and protocols relating to terrorism or transnational organized crime, to which the transferring State is a Party;

3. In making the assessment, the transferring State Party shall apply the criteria set out in Paragraph 2 consistently and in an objective and non-discriminatory manner and in accordance with the principles set out in this Treaty, taking into account relevant factors, including information provided by the importing State.

4. In assessing the risk pursuant to Paragraph 2, the transferring State Party may also take into consideration the establishment of risk mitigation measures including confidence-building measures and jointly developed programs by the exporting and importing State.

5. If in the view of the authorizing State Party, this assessment, which would include any actions that may be taken in accordance with Paragraph 4, constitutes a substantial risk, the State Party shall not authorize the transfer.



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