Banning Anti-Personnel Mines - The Ottawa Treaty Explained (International Committee of the Red Cross , 1998, 24 p.): 2. The Ottawa treaty: 2.2 The elements of a comprehensive ban treaty: 2.2.4 A prohibition on transfer

Banning Anti-Personnel Mines - The Ottawa Treaty Explained (International Committee of the Red Cross , 1998, 24 p.)

2. The Ottawa treaty

2.2 The elements of a comprehensive ban treaty

		(introduction...)
		2.2.1 An end to use
		2.2.2 A prohibition on development and production
		2.2.3 A prohibition on stockpiling
		2.2.4 A prohibition on transfer
		2.2.5 Other prohibited activities

2.2.4 A prohibition on transfer

The final component of the comprehensive ban established by the Ottawa treaty is a prohibition on transferring anti-personnel mines. A country is not allowed, in any way or under any circumstances, to transfer anti-personnel mines either directly or indirectly. According to the treaty, the term “‘transfer’ involves, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines” (see Art. 2, para. 4).

The prohibition on transfer covers import and export as well as transfer of ownership of mines. In order to facilitate mine detection, destruction and clearance, there are, however, a small number of narrow exceptions to this prohibition. First, countries are permitted to transfer anti-personnel mines for the purpose of destruction. Second, they may transfer the limited number of mines allowed to be retained for training purposes. Any other exchange of antipersonnel mines beyond these exceptions is forbidden. As the definition above makes clear, the transfer of territory containing anti-personnel mines does not constitute a “transfer” of those mines for the purposes of the treaty.