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The selling, buying, and transportation of military technologies and products outside of the world's formal markets, law, and policies is one of the largest segments of the hidden illegal global economy. The term illegal arms trade refers to those transfers that are not authorized by either one or both of the states concerned in the transfers or are made in violation of the legislation of any of the parties concerned. Most often the recipient of the arms transport is barred from acquiring arms through legal channels, that is, states that are subject to UN Security Council sanctions or regional/subregional embargos, non-state actors, insurgent movements, rebel groups, criminals, or citizens who cannot obtain gun licenses.

However, the line between licit and illicit arms deals is often very tenuous. The UN Disarmament Commission defines illicit trafficking more broadly as trade that is contrary to the laws of states and/or international law. Recent studies suggest that the legal and illegal markets are inextricably linked. Illicit arms trade networks often involve legal arms purchases or transfers that are later diverted to unauthorized recipients or leaked from arms storage facilities. Arms smuggling is made possible by institutions and individuals who are not part of a criminal organization, such as national defense departments, other security agencies, banks, and legitimate arms dealers. Those transfers entail economic transactions, but they are often transactions governed by more than market forces. States and individuals transfer arms to one another for a variety of strategic, political, and economic reasons.

Black and Gray Markets

The illegal arms trade is divided into two categories: the black and gray markets. The black market in arms is driven exclusively by individuals and private companies outside the scope of state influence or control. Gray market transactions are made by, or with the complicity of, national agencies. Political authorities usually turn a blind eye to arms trafficking or intentionally facilitate the flow of arms to their proxies or allies. Transactions within this sphere are covert and are not subject to licit trade procedures: official export licenses, end-user certification, or delivery verification. Arms-smuggling operations conducted by intelligence services to insurgent groups and other kind of allies have historically been a major source of illicit arms.

During the Cold War era, the utilization of arms trade transactions as an instrument of superpowers’ foreign policies was one of the defining features of the market. Arms were delivered to terrorists and rebel groups involved in wars throughout the world. The list of recipients includes groups from Ethiopia, Afghanistan, Angola, Cambodia, Namibia, Mozambique, and South Africa. One of the most famous cases of gray arms sales was the “arms for hostages” plan carried out by members of U.S. President Ronald Reagan's administration. It involved the U.S. government's covert arms sales operations to Iran. In 1985, arms (including 1,000 TOW missiles) were shipped from the United States to secure the release of seven U.S. citizens who were abducted in 1984 and 1985 by the Hezbollah organization. Sales were illegal under U.S. statutes and contradicted the Reagan administration's own stated policy of not negotiating or dealing with terrorists. Additionally, the profits from the sales were illegally diverted to Contra groups to finance their insurgency against a socialist regime in Nicaragua. The scandal became known as the Iran-Contra affair. During the 1980s, U.S. government agencies supplied weapons to guerrillas in Afghanistan, Angola, and Central America.

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