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

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179 party guarantees its confidentiality and complies with any restrictions regarding its use, if requested to do so (Article 12.5.). The UN Programme of Action • At the global level, the States undertake to strengthen their ability to cooperate in order to identify and trace illicit SALW in a timely and reliable manner (Article II. 36.); • The States undertake to cooperate with each other (…) and, where appropriate, with relevant international, regional and intergovernmental organizations in tracing illicit SALW, in particular by strengthening mechanisms based on the exchange of relevant information (Article III. 11.); • The States undertake to establish or designate, where appropriate, a point of contact at the national level to act as liaison between States on matters relating to the implementation of the UN Programme of Action (Article II.5.); • The States undertake to establish or designate, where appropriate, points of contact within sub-regional and regional organizations to act as liaison on matters relating to the implementation of the UN Programme of Action (Article II. 24.). All the information is collated and circulated by the UN Secretary-General (Article II.33.); • The States voluntarily submit to relevant regional and international organizations, particularly the information relating to the routes used by traffickers (Article II.23.); • The States undertake to establish, where appropriate, sub-regional and regional mechanisms, and in particular to set up networks for information-sharing among law enforcement, border controls and customs agencies (Article II.27.); • The States, the World Customs Organization, and other relevant organizations are encouraged to enhance their cooperation with Interpol 43 in order to identify the groups and individuals engaged in the illicit trade of small arms in all its aspects (Article II. 37). The Plastics Explosives Convention • Contains no provisions relating to information exchange to allow for tracing. There are, however, provisions relative to the exchange of information with respect to national practices, with a view to facilitating harmonization (Articles 8.2. and 9).
180 International regulations on the transport of dangerous goods • New tracing techniques have been developed with the introduction of electronic chips that contain notably the serial number. Packaging bearing these chips can be located at any time by radio transmission. The OAS Convention • The States parties shall cooperate at the bilateral, regional and international levels to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials (Article XIV.1.); • The States parties shall cooperate in the tracing of firearms, ammunition, explosives and other related materials which may have been illicitly manufactured or trafficked. Such cooperation includes accurate and prompt responses to tracing requests (Article XIII. 3.); • The States parties shall afford one another the widest mutual legal assistance, in conformity with their domestic law and applicable treaties, by promptly and accurately processing and responding to requests from authorities which, in accordance with their domestic law, have the power to investigate or prosecute illicit activities (Article XVII.1.). In this context, the States parties shall appoint a national body or a single point of contact to act as liaison among States parties, as well as between them and the Consultative Committee established in article XX, for purposes of cooperation and information exchange (Article XIV.2.); • The States parties shall exchange relevant information concerning the routes customarily used by traffickers in firearms, ammunition or explosives (Article XIII.1.c), concerning the authorized manufacturers, brokers, importers and exporters, and whenever possible, carriers (Article XIII.1.a); • The States parties shall cooperate with each other and with competent international organizations to ensure that their personnel is adequately trained on all the aspects relating to traceability (Article XV.2.); • Subject to the obligations imposed by their Constitutions or any international agreements, the States parties shall guarantee the confidentiality of any information they receive if the State supplying the information so requests. If, for legal reasons, such confidentiality cannot be maintained, the State party that provided the information must be notified prior to its disclosure (Article XII).
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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
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100 China Type 56 Russia AK47 Russi
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102 channels, with the protection o
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104 3.1.9 Comments Countries seekin
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106 as a result, potentially tip-of
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108 2. All markings must be made pe
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110 shared encryption standard. The
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112 Domestic record-keeping varies
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114 Nevertheless, whilst the Wassen
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116 individual weapon, should as a
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118 • “Consolidation”—4 x 2
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120 With the scope of the Protocol
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122 The South African authorities a
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124 • (Tracing) Details of all st
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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
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: 178 • The following is establishe
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
Page 215 and 216: 202 Table 1: Scope of the Seven Pri
Page 217 and 218: 204 Table 1 (continued) Characteris
Page 219 and 220: 206 Characteristics of the marking
Page 221 and 222: 208 Characteristics of the marking
Page 223 and 224: 210 Characteristics of the recordke
Page 225 and 226: 212 Characteristics of the record-k
Page 227 and 228: 214 Table 4: Comparison of the Stan
Page 229 and 230: 216 Characteristics of the exchange
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