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

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195 14 “Strictly speaking” here means “excluding ammunition and explosives”—which are also considered as small arms by the United Nations. 15 The interpretation of this article is sometimes disputed, because during the negotiations, certain States initially wanted State-to-State transfers to be completely excluded from the field of application. Ultimately, a somewhat ambiguous formulation was deliberately adopted, which the large majority of States interpret as including State-to-State transfers (except when national security is an issue), and which a minority of States still run the risk of interpreting as excluding State-to- State transfers. 16 See United Nations document A/C.1/56/L.47, 19 October 2001. 17 As the question of the definition was very much disputed by a minority of countries, including the US, it was left out of the negotiations. 18 We have used the term “small arms” to designate the “small arms and light weapons” referred to in the original English version of the text of the UN Programme of Action. As such, it is to be understood in the broad sense as including light weapons. 19 Let us point out that it is also applied by countries that have not yet ratified it, such as Belgium. 20 This description is a half-page long and is therefore not included here. Note that the contents of the so-called technical appendix may be modified according to a procedure clearly defined in the Convention. It is worth mentioning also that Swiss legislation provides for the marking of all civilian explosives. 21 The definition of “barrelled weapons” excludes rocket launchers and missile systems. 22 According to the definition of antique used in the national legislation. 23 In this text, we shall use “small arms” and “small arms and light weapons” indiscriminately. 24 This can be noted: (i) in the enumeration that follows the definition and which includes, notably, rifles and carbines, and (ii) during exchanges of information, certain States communicate information on hunting weapons, for example. 25 For more details, see the GRIP publications mentioned in the bibliography. 26 Usually carried out by stamping, engraving or casting. 27 The idea is to avoid that the marking be obliterated by the simple replacement of the only marked element.
196 28 Or at least difficult or impossible to erase without compromising the proper functioning of the weapon. This is obtained by applying the marking to essential but fragile parts, or in an area that is inaccessible once the manufacturing process is complete (such as the inside of the barrel). 29 Marking by laser fulfils these conditions and numerous North- American manufacturers have taken it upon themselves to use this technique to inscribe the legally mandatory phrases (for more information, see the GRIP publications mentioned in the bibliography and consult the site www.controllaser.com). 30 In other words, each element of ammunition or explosive from the same batch bears the same number (unlike firearms), which always includes the mention of the manufacturer, country and year. For ammunition, all this information can easily be applied to the base of the case using the inexpensive laser marking technique (it should be noted that the case can be reloaded, but this is not of interest for largescale trafficking). For explosives, the powder can also be marked by means of chemical tracers. For further details, see the GRIP publications mentioned in the bibliography. 31 Some countries, like China, already use symbols, and have thus obtained the right to continue this practice. This considerably complicates the operations of recording transactions and of exchanging the information necessary for tracing. Through such measures, these States guarantee themselves the exclusive right to carry out tracing within their borders. 32 This article was influenced by article 8.1.a of the Vienna Protocol, which stipulates that the serial number does not necessarily have to be legible by all the States. 33 Note that for the sake of readability, this section does not reflect all the details of the complex marking provisions of the Convention, and limits itself to the most important aspects only. 34 This arduous task is however unnecessary if, in addition to national records, there is an international register containing all the national data. Such record-keeping would allow the immediate identification of all registered owners. 35 Let us note, however, that in this case the provision of the Protocol aims only to encourage the industry to develop measures against obliteration, and not to set minimum obligatory standards. 36 This timeframe is quite logical—in the first place, it represents the minimal period during which the firearms, ammunition or explosives
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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
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132 encourage countries along the t
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134 close enough to provide adequat
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136 3. If Interpol is not up to the
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138 which restrict the amount of in
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140 9 It was notable during negotia
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142
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 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: 194 this may lead to the undesirabl
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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