The Scope and Implications of a Tracing Mechanism for Small Arms ...

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117 • Limited proactive investigation to identify when a potential “front company” is being set up for a one-off transaction; • Absence of accompanying shipping documentation to individually identify the weapons transferred; • Lack of adequate prior notification to the import control authority listing each weapon individually by its markings; • Misrepresentation of consignments to avoid import duty and bypass costs of import marking and/or Proof testing with a knock-on effect to the accuracy of national records; • Lack of harmonized import/export control measures involving crossreferencing import and export transfer declarations to ensure weapons declared actually tally with those presented at import which, as a consequence, provides an opportunity for diversion; • Lack of harmonized delivery verification measures to ensure import control authorities individually inspect arms imports prior to delivery and ensure the details for each weapon are recorded on the national system; • Absence of harmonized controls over in-transit consignments to prevent change of end-user whilst en route in contravention of the original transfer authorization; • Lack of joined-up domestic government control whereby responsibility for “policing” the arms trade becomes fragmented between various departments and agencies, each with differing vested interests, and inter-departmental consultation is paper-driven rather than computerized; • Absence of national databases holding the central computer records: one for all military holdings and a second for all private/commercially held small arms and firearms; • Failure to integrate the national database for recording commercial transactions with the national police intelligence database. The latter is an essential element, as a means of verifying the status of individuals concerned to check for unauthorized or unlicensed people and businesses, checking for bogus “front companies” and identifying common denominators from previous transactions that led to illicit trafficking. To evidence the consequences of these gaps, the following are examples of illicit shipments intercepted by police at Heathrow Airport during 2000 described amongst other things as:
118 • “Consolidation”—4 x 25mm “Bushmaster” chain-guns and 1 x 40mm grenade launcher; M16 self-loading and full auto rifles; plus revolvers; • “Exhibition Goods”—semi-auto rifles, sub-machine gun and machine gun; • “Scrap Arms”—minimum of 3 shipments from Vietnam of ex-US weapons including pistols, heavy machine guns, light machine guns and a mini gun; • “Sporting goods”—assortment of sub-machine guns and other military weapons; • “Tank Turret Parts”—7.65mm machine guns and 20mm chain guns; • “Training Aids”—3 x RPG 7—rocket propelled grenade-launchers; • “Trophy Arms”—several shipments comprising 490 x Thompson submachine guns; 3,286kgs (125) x MG34 and MG 42 light machine guns; 151 x Beretta M38 sub-machine guns; and 47 Steyr MP34 sub-machine guns. In addition, despite protocols, such as the Wassenaar Arrangement, the conflict between transparency and protecting national security interests means many countries are still hesitant to disclose specific details about all transfers and transactions involving military small arms and light weapons. Another area where gaps can occur arises from the growing partnership between the NGO Community and Government Agencies in the fight against arms trafficking. Protocols are needed to enable this partnership to flourish by making available the established law enforcement networks, such as Interpol and IWETS, in what is effectively an arms control context. To achieve this, NGOs and their law enforcement agency partners need to share a common mission with the same values and objectives. 3.4 BUILDING ON EXISTING PRACTICES A fully implemented UN Firearms Protocol is pivotal to controlling the international arms trade and it is the cornerstone for all future activity to combat illicit trafficking in small arms. The Protocol builds on existing practices amongst UN member States and, for the first time, introduces not just politically-binding but also legally-binding minimum standards for regulating and controlling the legal arms trade to prevent illicit manufacture, diversion and illicit trafficking. Whilst the Protocol is primarily a regulatory law enforcement instrument for “policing” the commercial firearms trade,
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UNIDIR/2002/20 The Scope and Implic
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CONTENTS Page Preface. . . . . . .
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v Chapter 4 Structures and Institut
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viii point of diversion, thus inhib
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ACRONYMS ATFUS BATF BPA CFR CFR CIC
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xiii VIN WFSA WIES WR Vehicle Ident
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2 and lines of supply of illicit SA
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4 First, if a weapon has been invol
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6 The UN Programme of Action includ
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8 1.3 MARKING 1.3.1 Introduction A
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10 uniquely identify each productio
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12 • Ensure, at the time of trans
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14 • increasing the resistance of
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16 The UN Firearms Protocol, in its
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18 component of this project is to
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20 They clarify whether a weapon is
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22 Though such systems have great p
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24 have a more prominent role to pl
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26 That said, national intelligence
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28 training and technical assistanc
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30 This highlights one of the most
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32 An international tracing mechani
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34 Some of the necessary elements a
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36 on sources and lines of supply o
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38 In promoting international assis
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40 3 Programme of Action to Prevent
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42 25 This section draws on discuss
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45 BIBLIOGRAPHY Berkol, Ilhan, Mark
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CHAPTER 2 WHAT TO MARK AND WHAT TO
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49 tracing method for all SALW (con
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51 Figure 2: : The different sub-ca
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53 In order to better grasp the pro
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55 SALW include weapons of war, def
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57 The following questions should t
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59 All of this data, while useful f
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61 2.5 WHAT ARE THE CRITERIA FOR IN
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63 traced, but which ones? Precisel
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65 Table 1: Firearms recovered in c
Page 80 and 81: 67 explosives belts and dozens of t
Page 82 and 83: 69 This data provides an interestin
Page 84 and 85: 71 weapons belonging to illicit cir
Page 86 and 87: 73 imagine being able to effectivel
Page 88 and 89: 75 case of Switzerland, it would be
Page 90 and 91: 77 electronics in animal identifica
Page 92 and 93: 79 based our reflection on goals fo
Page 94 and 95: 81 10 Small Arms Survey, Annuaire s
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Page 98 and 99: APPENDIX 3 85
Page 100: 87 the army weapon is capable of au
Page 103 and 104: 90 significance, hence in general t
Page 105 and 106: 92 3.1.2 Sanitization Removal or ob
Page 107 and 108: 94 Chinese Type 56-1 Unique Identif
Page 109 and 110: 96 verify that the imported weapons
Page 111 and 112: 98 weapons. There are risks involve
Page 113 and 114: 100 China Type 56 Russia AK47 Russi
Page 115 and 116: 102 channels, with the protection o
Page 117 and 118: 104 3.1.9 Comments Countries seekin
Page 119 and 120: 106 as a result, potentially tip-of
Page 121 and 122: 108 2. All markings must be made pe
Page 123 and 124: 110 shared encryption standard. The
Page 125 and 126: 112 Domestic record-keeping varies
Page 127 and 128: 114 Nevertheless, whilst the Wassen
Page 129: 116 individual weapon, should as a
Page 133 and 134: 120 With the scope of the Protocol
Page 135 and 136: 122 The South African authorities a
Page 137 and 138: 124 • (Tracing) Details of all st
Page 139 and 140: 126 tracing Chinese weapons. Conseq
Page 141 and 142: 128 circulating information by fax
Page 143 and 144: 130 Tracing requests are normally c
Page 145 and 146: 132 encourage countries along the t
Page 147 and 148: 134 close enough to provide adequat
Page 149 and 150: 136 3. If Interpol is not up to the
Page 151 and 152: 138 which restrict the amount of in
Page 153 and 154: 140 9 It was notable during negotia
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Page 157 and 158: 144 There are other reasons as well
Page 159 and 160: 146 Laws Firearms are a durable com
Page 161 and 162: 148 This last point should not be u
Page 163 and 164: 150 the future a firearm tracing qu
Page 165 and 166: 152 There are several important ele
Page 167 and 168: 154 Canada, nearly all transfers re
Page 169 and 170: 156 accuracy and man-hour effective
Page 171 and 172: 158 industry practices. An effectiv
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Page 175 and 176: 162 manner in national (and possibl
Page 177 and 178: 164 routine stockpile management. A
Page 179 and 180: 166 International regulations on th
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168 2. The definitions of weapons,
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170 enable national authorities to
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172 serial number of the firearm. T
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174 9. Explosives: the recommendati
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176 • The States parties undertak
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178 • The following is establishe
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180 International regulations on th
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182 • The participating States ag
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184 The Convention on Plastic Explo
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186 5.3.1 European Joint Action The
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188 years in July 2001. In December
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190 • States must make efforts to
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192 a greater degree of harmonizati
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194 this may lead to the undesirabl
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196 28 Or at least difficult or imp
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198 49 Speech by Mr. Koffi Adjouman
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200 in its capacity as President of
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202 Table 1: Scope of the Seven Pri
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204 Table 1 (continued) Characteris
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206 Characteristics of the marking
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208 Characteristics of the marking
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210 Characteristics of the recordke
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212 Characteristics of the record-k
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214 Table 4: Comparison of the Stan
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216 Characteristics of the exchange
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218
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