The Scope and Implications of a Tracing Mechanism for Small Arms ...
The Scope and Implications of a Tracing Mechanism for Small Arms ...
The Scope and Implications of a Tracing Mechanism for Small Arms ...
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norms <strong>of</strong> the desirable system described in sections 5.2.2 <strong>and</strong> 5.2.3,<br />
are to be considered illegal;<br />
• <strong>The</strong>ir manufacture, transfer, acquisition, sale, transportation or<br />
possession are punishable by law, unless the person responsible can<br />
prove that the act was not intentional;<br />
• Each State confers the status <strong>of</strong> criminal <strong>of</strong>fence on illicit<br />
manufacturing, illicit trafficking, as well as falsification, obliteration,<br />
removal or alteration <strong>of</strong> markings;<br />
• <strong>The</strong> States shall adopt the necessary measures to make provisions in<br />
their laws to sanction <strong>of</strong>fences committed by <strong>for</strong>eigners on their<br />
national territory, or committed abroad by their nationals or by<br />
individuals habitually residing on their national territory.<br />
<strong>The</strong> Vienna Protocol<br />
• “Illicit trafficking” signifies the import, export, acquisition, sale, delivery,<br />
transportation or transfer <strong>of</strong> firearms, components, parts or ammunition<br />
when they are not marked in con<strong>for</strong>mity with the present Protocol<br />
(Article 3.e), <strong>and</strong> “illicit manufacture” signifies the manufacturing <strong>of</strong><br />
firearms, components, parts or ammunition not marked in con<strong>for</strong>mity<br />
with the present Protocol (Article 3.d);<br />
• Each State confers the status <strong>of</strong> criminal <strong>of</strong>fence on illicit manufacturing<br />
<strong>and</strong> illicit trafficking when they have been intentionally committed, as<br />
well as on falsification, obliteration, removal or alteration <strong>of</strong> markings<br />
(Article 5.1.). <strong>The</strong> fact <strong>of</strong> being an accomplice to such acts, or otherwise<br />
organizing, directing, facilitating, abetting or promoting such acts by<br />
means <strong>of</strong> assistance or advice shall also be considered a criminal<br />
<strong>of</strong>fence (Article5.2.).<br />
UN Programme <strong>of</strong> Action<br />
• To adopt where they do not exist, <strong>and</strong> en<strong>for</strong>ce, all the necessary<br />
measures to prevent the manufacture, stockpiling, transfer <strong>and</strong><br />
possession <strong>of</strong> any unmarked or insufficiently marked firearm (Article II.<br />
8.);<br />
• To adopt <strong>and</strong> implement, in the States that have not already done so,<br />
the necessary legislative or other measures, to establish as criminal<br />
<strong>of</strong>fences under their domestic law the illicit manufacture, possession,<br />
stockpiling <strong>and</strong> trade <strong>of</strong> SALW (Article II.3.).