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Article 4.Scope <strong>of</strong> applicationA. Negotiation textsCanada (A/AC.254/4/Add.2)First session: 19-29 January 1999“Article IV“Scope“This Protocol applies to all classes <strong>of</strong> commercially traded firearms, ammunitionand other related materials but not to state-to-state transactions or transfers forpurposes <strong>of</strong> national security.”Rolling text (A/AC.254/4/Add.2/Rev.1)“Option 1“Article IV“Scope 1“This Protocol applies to all classes <strong>of</strong> [commercially] 2 traded [and manufactured]3 firearms, ammunition and other related materials but not to state-to-state transactionsor transfers for purposes <strong>of</strong> national security. 41Mexico proposed the deletion <strong>of</strong> <strong>this</strong> article (see A/AC.254/5/Add.1 and Corr.1).2Deletion proposed by Japan (see A/AC.254/5/Add.1 and Corr.1), supported by Croatia. Croatia also suggested usingthe same definition <strong>of</strong> the term “illicit trafficking” in both article II and article IV. The Syrian Arab Republic proposed t<strong>of</strong>ocus only on illicit firearms used by criminal organizations. South Africa proposed to delete the words “commercially traded”,noting that they unnecessarily limited the scope <strong>of</strong> the protocol and might create loopholes that could be exploited (seeA/AC.254/5/Add.5).3Addition proposed by Japan (see A/AC.254/5/Add.1 and Corr.1), supported by the Syrian Arab Republic.4Mexico, the Republic <strong>of</strong> Korea and Turkey expressed their concern about the technical difficulties that might becaused by the scope <strong>of</strong> the protocol being strictly limited only to organized crime. Some delegations, including those <strong>of</strong>Algeria, France, Germany and the Netherlands, suggested that the scope <strong>of</strong> the protocol should not go beyond the mandateset forth by the General Assembly. Sweden suggested that, even though the protocol should be subordinate to the convention,whose scope was limited to transnational organized crime, application <strong>of</strong> the protocol should not necessarily be limitedto transnational organized crime. The United States expressed the view that some provisions <strong>of</strong> the protocol should gobeyond the scope <strong>of</strong> transnational organized crime and was supported by the United Kingdom <strong>of</strong> Great Britain and NorthernIreland. Belgium noted that <strong>this</strong> article might run the risk <strong>of</strong> violating the Geneva conventions on the rules <strong>of</strong> conflict.Belgium also noted that, in view <strong>of</strong> the subject matter dealt with in <strong>this</strong> protocol, the Ad Hoc Committee should give considerationto the insertion <strong>of</strong> a safeguard clause in respect <strong>of</strong> international humanitarian law for situations involving armedconflict, in particular domestic armed conflict, within the meaning ascribed to those terms by international humanitarian law(see A/AC.254/5/Add.5). Canada noted that the issue <strong>of</strong> individuals travelling with firearms legitimately would need to beconsidered since individuals could be traffickers.625

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