Abstract

A lack of controls on arms brokers operating outside their home state remains a critical loophole in the combat of undesirable brokering activities. Policy-makers are sometimes skeptical whether extraterritorial brokering controls are cost-effective and can be implemented. This paper considers enforcement challenges of extraterritorial brokering controls and presents different policy options. It is argued that EU states should adopt a common minimum standard requiring the prohibition of violations of national and multilateral arms embargoes by nationals and/or citizens and permanent residents and wherever the activity is carried. Past successful prosecutions in EU states of brokers who violated embargoes while abroad demonstrate the viability of such controls.

Key words: Arms brokering, extraterritorial controls, European Union