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

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151 of the often myriad players (law enforcement officials, manufacturers, organizations, etc.) involved in conducting an international firearms trace. 7 4.2.5 Regional Organizations In addition to the UN, there exist several regional organizations that can serve the interests of a tracing mechanism. The Organization of American States (OAS), the Organization for the Security and Cooperation in Europe (OSCE), the G8 Nations (in particular, the Lyon/Roma Groups), the EU, the Inter-American Drug Abuse Control Commission (CICAD), and others, all provide a forum for the mutual exchange of information sharing that can facilitate a tracing mechanism. Naturally, each of these organizations may play a limited role in firearms tracing. The recent adoption of the CICAD Model Laws and Regulations has proven the vital role these regional organizations can play in the effort to combat illicit firearms trafficking. 4.2.6 Non-Governmental Organizations Any effective tracing mechanism should not overlook the supporting role NGOs can play in fighting firearms trafficking. By focusing on the common agenda for curtailing firearms trafficking through an active tracing system, these organizations can work together with governments and industry members to ensure that firearms are marked and that records are maintained and accessible to law enforcement. 4.3 THE FIREARMS TRACING “PLAYERS” AND THEIR “ROLES” 4.3.1 Manufacturers, Wholesalers, Distributors, Importers, and Retailers There are several critical players in any effective tracing mechanism. The first and most important role in tracing is played by the manufacturer of the firearm because it is the manufacturer who ordinarily places upon each firearm those markings that will enable the weapon to be traced. Moreover, many manufacturers maintain, either by law or for other commercial purposes, a record denoting the important information about the firearms (serial number, date made, etc.) and their disposition.
152 There are several important elements in the manufacturer’s role that have significant tracing implications. These include: • what markings to use (serial number, e.g.); • where to mark (frame or receiver, barrel, e.g.); • how to mark (engraving, roll stamping, laser etching, e.g.); • height and depth of the marking; • language, alphabet, character or symbols used in the marking; • correction system for duplicate or erroneous markings; • record-keeping system (computerized, retention schedule); • compliance with laws of other States where firearms are destined for export. In addition, it should be noted that the same issues are applicable where the manufacturer is State-controlled or where such manufacture is a function of the military. Moreover, where both systems coexist, there are additional considerations, especially where the markings requirements vary for military versus commercial manufacturer. Clearly, any effective tracing system must have the full compliance of manufacturers in putting proper and lasting markings upon all firearms. Such markings should be user-friendly, legible, of sufficient height and depth to resist obliteration, nonduplicative, easily recordable and conspicuously located on a portion of the firearm. Subsequent transferees of the firearm will use these markings as a starting point for all future records, so it is imperative that they follow these minimum standards. Another central player in an effective tracing system is the record keeper, who may be the same as the manufacturer. Considerations in this area include: • what records are maintained (solely the serial number or other identifying information such as make, model, date of manufacture or transfer); • how records are maintained (paper, computer database, backup systems); • how long records are maintained (10 years, 20 years, indefinitely); 8 • contingencies for collecting records when companies go out of business;
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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
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67 explosives belts and dozens of t
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69 This data provides an interestin
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71 weapons belonging to illicit cir
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73 imagine being able to effectivel
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75 case of Switzerland, it would be
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77 electronics in animal identifica
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79 based our reflection on goals fo
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81 10 Small Arms Survey, Annuaire s
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APPENDIX 1 83
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APPENDIX 3 85
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87 the army weapon is capable of au
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90 significance, hence in general t
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92 3.1.2 Sanitization Removal or ob
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94 Chinese Type 56-1 Unique Identif
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96 verify that the imported weapons
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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 and 130: 116 individual weapon, should as a
Page 131 and 132: 118 • “Consolidation”—4 x 2
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: 150 the future a firearm tracing qu
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
Page 181 and 182: 168 2. The definitions of weapons,
Page 183 and 184: 170 enable national authorities to
Page 185 and 186: 172 serial number of the firearm. T
Page 187 and 188: 174 9. Explosives: the recommendati
Page 189 and 190: 176 • The States parties undertak
Page 191 and 192: 178 • The following is establishe
Page 193 and 194: 180 International regulations on th
Page 195 and 196: 182 • The participating States ag
Page 197 and 198: 184 The Convention on Plastic Explo
Page 199 and 200: 186 5.3.1 European Joint Action The
Page 201 and 202: 188 years in July 2001. In December
Page 203 and 204: 190 • States must make efforts to
Page 205 and 206: 192 a greater degree of harmonizati
Page 207 and 208: 194 this may lead to the undesirabl
Page 209 and 210: 196 28 Or at least difficult or imp
Page 211 and 212: 198 49 Speech by Mr. Koffi Adjouman
Page 213 and 214: 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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