View/save PDF version of this document - La Strada International

Part Four. Article 3 613“(i) The import, export, acquisition, sale, delivery, movement or transfer offirearms, [parts and components,] 34 ammunition [, explosives] and [other related materials]from or across the territory of one State Party to that of another State Party“Option 1“if the firearms are not marked in accordance with article 9 of this Protocol or ifthe transaction is not licensed or authorized in accordance with article 11 of this Protocol“Option 2“[if any one of the States Parties concerned has not legally authorized it] 35“Option 3“[if any one of the States Parties concerned does not authorize it in accordancewith the terms of this Protocol] 36“Option 4“[without the authorization of or in violation of the legislation or regulations ofeither of the States Parties concerned;] 37“[, or the brokering of such activities]; 38“[(ii) The import of firearms without marking at the time of importation;]“[(iii) The obliteration, removal or alteration of the serial number 39 on afirearm. 40 ] 41“Option 1“(f) ‘Other related materials’: 42 any components, parts or replacement parts ofa firearm [that are essential to its operation] [or accessories] 43 [that can be attachedto a firearm] [and that enhance its lethality]. 4434Pakistan proposed that these words should be added to make this provision consistent with the mandate of the AdHoc Committee (General Assembly resolution 53/111) and that the words “other related materials” should be deleted.35Proposed by Venezuela at the fifth session of the Ad Hoc Committee.36This proposal was made by the United States.37Proposed by France at the fifth session of the Ad Hoc Committee.38Proposed by Sweden at the fifth session of the Ad Hoc Committee.39At the fifth session of the Ad Hoc Committee, India proposed adding the word “marking” after the words “serialnumber”.40At the fifth session of the Ad Hoc Committee, India proposed to insert the words “before, during or after importationor exportation” at the end of this subparagraph.41Botswana, France and the Republic of Korea suggested that criminalization of these acts should be dealt with inarticle 5 instead of in the definition of illicit trafficking. India suggested that this provision should be kept as part of thedefinition and proposed changes to link it more closely with import and export activity.42At the fifth session of the Ad Hoc Committee, there was extensive discussion of whether this article should includea definition of “other related materials” or “parts and components”. A majority of delegations favoured a definition of “partsand components” because that phrase most closely reflected the mandate of the Ad Hoc Committee (General Assembly resolution53/111), but there was a range of views with respect to the balance of the definition. Most delegations sought moregeneral wording to ensure that all of the major parts of firearms would be included but that minor parts would not be included.Delegations were asked to propose a compromise on the definition of “parts and components” at the subsequent sessionof the Ad Hoc Committee at which the draft protocol would be discussed.43Delegations were generally in favour of considering the term “accessories” as including items such as silencers,which though not parts or components and not “essential” to the operation of a firearm, were nevertheless of concern indealing with organized crime. Most agreed that this issue needed to be dealt with, but many were concerned that the term“accessories” was too broad.44The United States noted that the use of this criterion would exclude some components or accessories such as silencers,which were of concern in the context of transnational organized crime but did not enhance lethality.