International Convention on the Public Ownership, Regulation, and Peaceful Governance of Arms Manufacturing

Preamble

The States Parties to this Convention,

• Recognizing the inherent dignity and equal value of every human life;
• Recalling the purposes and principles of the Charter of the United Nations and the obligations of States under international humanitarian law, international human rights law, and applicable international arms-control and disarmament agreements;
• Recognizing the legitimate right of States to provide for their national defense consistent with international law;
• Deeply concerned that financial incentives associated with armed conflict may create institutional, political, or commercial pressures inconsistent with the peaceful resolution of disputes;
• Recognizing that corporations, investors, intermediaries, consultants, financial institutions, government officials, and other private interests must never possess a financial incentive to prolong armed conflict or increase human suffering;
• Determined to ensure that the manufacture and supply of weapons serve legitimate public-security requirements rather than private incentives for unnecessary conflict;
• Recognizing the legitimate interests of workers, pension beneficiaries, communities, researchers, engineers, and suppliers whose livelihoods may currently depend upon defense industries;
• Determined that industrial transition shall protect workers and communities while strengthening peaceful manufacturing, infrastructure, energy, aerospace, transportation, medical technology, disaster response, and other socially beneficial industries.

Have agreed as follows:

Article 2

Definitions

"Arms manufacturer" means an entity substantially engaged in designing, developing, manufacturing, integrating, maintaining, or supplying weapons, ammunition, military platforms, or designated weapons components. "Major weapons system" includes combat aircraft, missiles, military drones, armored fighting vehicles, artillery systems, warships, submarines, military weapons, ammunition, and other categories designated by the Conference of States Parties. "Beneficial owner" means the natural person who ultimately owns, controls, or receives substantial economic benefit from an entity. "Conflict-related extraordinary profit" means profit materially exceeding an independently established peacetime benchmark and attributable to an armed conflict or emergency military procurement. "Public ownership" includes ownership by a national government or other legally constituted public entity subject to independent oversight.

Article 4

National Public-Interest Control

Each State Party shall establish a legal framework governing strategically significant arms manufacturers within its jurisdiction. A State Party may, consistent with its constitution, domestic law, treaty obligations, and applicable requirements concerning compensation and due process: acquire controlling ownership of strategically significant arms manufacturers; establish public corporations responsible for major weapons production; acquire designated facilities or production capacity required for national security; require public-interest or governmental voting rights concerning designated strategic decisions; or maintain private ownership subject to the stringent regulatory regime established by this Convention. Nothing in this Convention shall itself transfer title to privately owned property.

Article 6

Conflict Profiteering

States Parties shall establish mechanisms capable of identifying conflict-related extraordinary profits. Such mechanisms may include excess-profit taxation; mandatory reinvestment; price controls for designated emergency procurements; recovery of improperly obtained profits; civil or criminal penalties for fraud or corruption; and contributions to internationally supervised humanitarian or reconstruction funds where authorized by national law. Ordinary compensation for legitimate labor, investment, research, manufacturing, and technological development shall not by itself constitute conflict profiteering.

Article 8

Government Ethics and the Revolving Door

States Parties shall establish enforceable restrictions concerning movement between senior government positions responsible for defense procurement or military policy and entities materially benefiting from those decisions. Such measures shall include appropriate cooling-off periods, disclosure obligations, conflict-of-interest requirements, and penalties for violations.

Article 10

Worker and Community Protection

No implementation of this Convention should unnecessarily destroy the livelihoods of workers or communities dependent upon defense manufacturing. States Parties undertaking industrial restructuring shall establish transition programs that may include wage and pension protection, retraining and education, employment placement, community redevelopment, conversion of facilities to peaceful manufacturing, and support for small and medium-sized suppliers affected by conversion. Engineers, machinists, scientists, technicians, logistics specialists, construction workers, and other skilled personnel shall be regarded as valuable national resources whose knowledge can contribute to peaceful development.

Article 12

Research and Development

Nothing in this Convention shall prohibit legitimate research necessary for national defense. States Parties shall nevertheless encourage dual-use scientific discoveries originating in publicly funded defense research to be made available for peaceful civilian applications when doing so does not create an unacceptable security risk.

Article 14

International Authority

An International Arms Manufacturing Transparency and Accountability Authority ("the Authority") shall be established by the States Parties. The Authority shall: receive national implementation reports; develop common transparency standards; review aggregate information concerning ownership and procurement; facilitate independent audits where authorized; identify systemic corruption and conflict-of-interest risks; support industrial-conversion programs; provide technical assistance to developing States; and publish an annual Global Arms Manufacturing Transparency Report. The Authority shall possess no independent power to nationalize property or command the armed forces of any State.

Article 16

Emergency Review During Armed Conflict

When a State Party becomes substantially involved in an international armed conflict, extraordinary defense procurement undertaken during that conflict shall become subject to enhanced financial transparency and independent review. Such review shall examine whether prices were reasonable; procurement decisions reflected legitimate military requirements; officials possessed undisclosed financial conflicts; extraordinary profits were generated; and procurement arrangements created inappropriate incentives for prolongation or escalation. Operational military decisions shall remain the responsibility of lawful civilian and military authorities.

Article 18

Prohibition on Retaliation

No worker, journalist, auditor, civil servant, military member, contractor, shareholder, or other person shall be unlawfully retaliated against for reporting credible evidence of corruption, fraud, unlawful weapons transfers, procurement manipulation, or concealed conflicts of interest through appropriate channels.

Article 20

Dispute Resolution

Disputes concerning interpretation or application of this Convention shall first be addressed through consultation and negotiation. States Parties may subsequently agree to mediation, arbitration, adjudication, or another peaceful dispute-resolution mechanism.

Article 22

Conference of States Parties

The States Parties shall meet annually to review implementation, emerging weapons technologies, industrial concentration, financial transparency, compliance, and opportunities for further disarmament and peaceful industrial conversion. Civil society, labor organizations, veterans, humanitarian organizations, industry representatives, survivors of armed conflict, and independent experts may be invited to participate as observers under rules adopted by the Conference.

Article 24

Amendments

Any State Party may propose amendments. Amendments shall be considered by the Conference of States Parties according to procedures adopted under this Convention.

Article 26

Signature and Ratification

This Convention shall be open for signature by all States. It shall be subject to ratification, acceptance, or approval according to each State's constitutional processes.