4.4 Regulation of the Brazilian Trade could contribute to the deteriorating security situation in the country, stating that ‘the current Until very recently, Brazilian exports of law enforcement and security equipment were regulated, in situation of political instability Libya is going through, a country where the widespread presence of part, by the highly secretive export policy known as the National Policy for the Exportation of Material for weapons is a critical factor of destabilization. In this sense, the sale of arms to the Government of Military Use (PNEMEM), established during the country’s military dictatorship. Following its creation in 1974, Libya could end up involving Brazil in possible clashes between the national security forces and the PNEMEM was applied and updated confidentially, making it almost impossible for civil society groups to analyse numerous non-state armed actors who operate there”180. In 2012 meanwhile, documents show that the effectiveness of the regulation or provide adequate oversight. As Natália Pollachi, from Sou da Paz, put it in the Ministry rejected requests from Condor to export less lethal weapons to both Guinea Bissau 2016, ‘PNEMEM is secret […]. The arms export policy is not open, there is no clarity on which criteria are used and Swaziland, both of which were in the midst of political turmoil. A request from Taurus to begin to authorise arms exports’145. However, more recently and in line with international developments, which have preliminary negotiations with Sudan in 2012, requests from IMBEL and Taurus to open dialogue seen intergovernmental organisations and some national governments adopt progressively tighter restrictions with Egypt in 2013, and a request from CBC to begin discussions with Yemen in 2012, were all on the arms trade worldwide, Brazil has taken several steps to reform its approach to arms control which have similarly rejected on the grounds of ‘political and military instability’. In addition to these cases, helped to provide more clarity about its regulation of the trade of law enforcement and security products as the documents show that the Foreign Ministry was also willing to prevent negotiations with states well as greater scope for critical analysis and oversight146. that the Brazilian government did not recognise, rejecting requests from both CBC and Taurus to begin discussions with Kosovo in 2013 – which Brazil considered to be an integral part of Serbia. Firstly, in August 2018 Brazil became the 97th State Party to the Arms Trade Treaty (ATT), an international treaty aimed at establishing ‘the highest possible common international standards for regulating or improving While the cases above suggest the existence of criteria for decision-making in regards to export the regulation of the international trade in conventional arms’147. Under the terms of the ATT, Brazil is obliged operations, according to Almstadter Mattar de Magalhães’ analysis of the documents, these were to implement a standardized and enforceable national system for the control of international transfers of never formalised or defined within the policy itself, leading to inconsistencies and contradictions arms, including laws, regulations and procedures that enable it to administer licenses, implement enforcement in the way that requests were handled. Between 2011 and 2014, for example, all requests mechanisms, and respond to requests for information about its trade activities. Furthermore, by acceding to the for preliminary negotiations with Burkina Faso (including requests submitted by Condor) were ATT, Brazil has committed itself to controlling arms exports and refusing authorization for exports that would authorised by the Foreign Ministry, despite on-going political unrest and the violent suppression of breach existing arms embargoes or present an overriding risk of being used to commit or facilitate international political demonstrations which led to the overthrow of President Blaise Compaore by the military human rights or humanitarian law violations. All signatories of the treaty are expected to submit an initial report and the establishment of a provisional government under martial law. During the same period, outlining their existing control regime as well as providing information about the country’s exports and imports. transfers were also authorised to the bankrupt state of Haiti, where weapons were at a high risk The deadline for Brazil to submit this report was 11th November 2019. At the time of writing, Brazil is yet to of being diverted. In 2012 and 2013 alone Taurus sold small arms to Haiti worth approximately $ submit this report148. 2.5 million USD181. Brazil’s accession to the ATT was followed shortly after by its participation in the newly created Alliance for Although criteria intended to guide decision-making regarding export requests have been more Torture Free Trade. Initially launched by the Europan Union together with Argentina and Mongolia, the Alliance clearly articulated in the new export policy, the cases above nevertheless raise serious questions now has over 60 participating States, each signed up to a political declaration pledging them to “take effective about the consistency with which exports requests are handled by the Brazilian authorities as well measures, inter alia through legislation and effective enforcement where appropriate, for the restriction of the as the impact that political pressure and the need to maintain the economic viability of the IDB trade in goods used for capital punishment and torture”; to “strengthen cooperation in this area and to form have on decision-making. a global network of Focal Points for the sharing of information and best practices”; and “to make available technical assistance for the design and implementation of relevant legislation”149. Finally, in June 2019, Brazil was among 81 states to vote in favour of the UNGA resolution Towards torture-free trade: examining the feasibility, scope and parameters for possible common international standards150. The resolution, which was co-sponsored by a coalition of states, including Alliance members, called on the UN Secretary-General to establish a panel of governmental experts and to gather the views of 54  55