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

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183 norms of the desirable system described in sections 5.2.2 and 5.2.3, are to be considered illegal; • Their manufacture, transfer, acquisition, sale, transportation or possession are punishable by law, unless the person responsible can prove that the act was not intentional; • Each State confers the status of criminal offence on illicit manufacturing, illicit trafficking, as well as falsification, obliteration, removal or alteration of markings; • The States shall adopt the necessary measures to make provisions in their laws to sanction offences committed by foreigners on their national territory, or committed abroad by their nationals or by individuals habitually residing on their national territory. The Vienna Protocol • “Illicit trafficking” signifies the import, export, acquisition, sale, delivery, transportation or transfer of firearms, components, parts or ammunition when they are not marked in conformity with the present Protocol (Article 3.e), and “illicit manufacture” signifies the manufacturing of firearms, components, parts or ammunition not marked in conformity with the present Protocol (Article 3.d); • Each State confers the status of criminal offence on illicit manufacturing and illicit trafficking when they have been intentionally committed, as well as on falsification, obliteration, removal or alteration of markings (Article 5.1.). The fact of being an accomplice to such acts, or otherwise organizing, directing, facilitating, abetting or promoting such acts by means of assistance or advice shall also be considered a criminal offence (Article5.2.). UN Programme of Action • To adopt where they do not exist, and enforce, all the necessary measures to prevent the manufacture, stockpiling, transfer and possession of any unmarked or insufficiently marked firearm (Article II. 8.); • To adopt and implement, in the States that have not already done so, the necessary legislative or other measures, to establish as criminal offences under their domestic law the illicit manufacture, possession, stockpiling and trade of SALW (Article II.3.).
184 The Convention on Plastic Explosives • Each State party shall take the necessary and effective measures to prohibit and to prevent: (i) the manufacture on its territory of unmarked explosives (Article 2), and (ii) the movement of unmarked explosives into or out of its territory, unless it takes place in the context of military or police functions (Articles 3.1. and 3.2.); • Each State party shall ensure the destruction, as soon as possible, of unmarked explosives that are discovered, other than those that come under a series of exceptions foreseen in the Convention (Articles 4.4. and 4.6.). The International regulations on the transport of dangerous goods • The manufacturers are responsible for packaging ammunition, explosives and other dangerous materials in accordance with the applicable recommendations, and especially for applying appropriate markings and keeping records for a minimum of five years. Adequate markings are necessary for the transport of dangerous goods, and this is particularly required by customers; • External checks are carried out at least once a year by an authorized institution. In certain countries, such as Belgium, when an offence is observed, all packaging produced since the last control are verified. Non-conform packaging is then destroyed. The OAS Convention • The States parties that have not yet done so shall adopt the necessary legislative and other measures to establish as criminal offences under their domestic law the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials (Article IV.1.). These offences shall be included in any extradition treaty in force between the State parties (Article XIX.2.); • The States shall adopt the necessary measures to establish its jurisdiction for the offences: (i) committed in its national territory (obligatory); (ii) committed by one of its nationals or by a person who habitually resides in its national territory (not obligatory) and; (iii) when the suspect is present in its territory and it does not extradite because of the nationality (obligatory) (Articles V.1, 2 and 3).
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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
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128 circulating information by fax
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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 and 192: 178 • The following is establishe
Page 193 and 194: 180 International regulations on th
Page 195: 182 • The participating States ag
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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