Module 7 – Export Decision-Making and Overriding Risk

This module examines the concepts and procedures set out in Article 7 for a State Party to authorise an export. The main elements of the national export control system that each State Party is required to establish and maintain are described in the Module National Control Systems, Enforcement and International Cooperation.

Article 7 and related provisions of the Arms Trade Treaty require each State Party to regulate exports according to a set of rules and procedures. This is considered a core obligation of the Treaty that is fundamental to fulfilling the object and purpose of the Treaty. The module explains the risk analysis methodology and conceptual tools centred on the threshold of “overriding risk” that must be deployed by an exporting State Party when undertaking a national assessment in order to decide whether or not to authorize an export. To approve or refuse export authorisations consistently under Article 7, the national control authority will need to answer technical and legal questions, and sometimes these may be complex.

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