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

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140<br />

9<br />

It was notable during negotiations on the UN Firearms Protocol that a<br />

limited number <strong>of</strong> countries wished to preserve the right to exempt<br />

certain transfers <strong>and</strong> transactions from the scope <strong>of</strong> the Protocol. As a<br />

consequence, some weapons manufactured or imported <strong>for</strong> a<br />

particular national security interest could, <strong>for</strong> example, have no<br />

identifying markings.<br />

10<br />

Swiss military weapons are stamped with the national flag <strong>and</strong> the<br />

initial “A” plus a quality control mark, “KW+”. Weapons subsequently<br />

decommissioned by the Swiss military are each stamped with the letter<br />

“P” signifying they have passed into private ownership.<br />

11<br />

www.smartwater.com.<br />

12<br />

www.datadot-uk.com.<br />

13<br />

Whilst record-keeping in many countries is undertaken by a regional<br />

or federal police department, it is acknowledged that this can be a<br />

politically sensitive issue amongst shooting rights <strong>and</strong> civil liberty<br />

groups. <strong>The</strong>re are arguments <strong>for</strong> the agency to be an independent<br />

commercial organization, statutorily underpinned to provide<br />

en<strong>for</strong>cement powers, but regulated by the national arms trade<br />

association with judicial oversight <strong>and</strong> inspection undertaken by a<br />

government department. However, this can be impractical, as police<br />

<strong>and</strong> customs need unrestricted live access to the record-keeping<br />

database to allow <strong>for</strong> proactive intervention against potentially<br />

suspicious transactions.<br />

14<br />

Reproduced by kind permission <strong>of</strong> NCIS NFTS.<br />

15<br />

Reproduced by kind permission <strong>of</strong> the RCMP.<br />

16<br />

Black = illicit, <strong>and</strong> Grey = State sponsored.<br />

17<br />

Extract from the SAPS response to the Swiss-French Initiative on a<br />

<strong>Tracing</strong> <strong>Mechanism</strong>.<br />

18<br />

“Illicit trafficking: the import, export, acquisition, sale, delivery,<br />

movement or transfer <strong>of</strong> firearms, their parts <strong>and</strong> components <strong>and</strong><br />

ammunition from or across the territory <strong>of</strong> one State Party to that <strong>of</strong><br />

another State Party if any one <strong>of</strong> the State Parties concerned does not<br />

authorize it in accordance with the terms <strong>of</strong> the Protocol or if the<br />

firearms are not marked in accordance with Article 8 <strong>of</strong> this Protocol.”<br />

19<br />

“<strong>Tracing</strong> shall mean the systematic tracking <strong>of</strong> firearms <strong>and</strong>, where<br />

possible their parts <strong>and</strong> components <strong>and</strong> ammunition from<br />

manufacturer to purchaser <strong>for</strong> the purpose <strong>of</strong> assisting the competent<br />

authorities <strong>of</strong> States Parties in detecting, investigating <strong>and</strong> analyzing<br />

illicit manufacturing <strong>and</strong> illicit trafficking.”

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