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640 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeas a result <strong>of</strong> illicit manufacturing or trafficking fall into the hands <strong>of</strong> private individualsor businesses through auction [, sale] 4 or other disposal. 5, ] 6“Option 2 7“2. States Parties shall prevent illicitly manufactured and trafficked firearmsand ammunition from falling into the hands <strong>of</strong> criminals by seizing and destroyingsuch firearms and ammunition unless other disposal [that includes destroying themor rendering them unusable] 8 has been <strong>of</strong>ficially authorized and the firearms andammunition have been marked or recorded and their disposal also recorded.”Notes by the Secretariat1. The <strong>version</strong> <strong>of</strong> <strong>this</strong> article contained in <strong>document</strong> A/AC.254/4/Add.2/Rev.1remained virtually unchanged in the intermediate drafts <strong>of</strong> the protocol(A/AC.254/4/Add.2/Revs.2-4). The only difference in the text contained in <strong>document</strong>A/AC.254/4/Add.2/Rev.4 was the deletion <strong>of</strong> the word “explosives” throughout the article,following the decision <strong>of</strong> the Ad Hoc Committee at its seventh session to remove referencesto explosives from the draft protocol after having been informed <strong>of</strong> a legal opinionprovided by the Office <strong>of</strong> Legal Affairs <strong>of</strong> the Secretariat regarding the interpretation <strong>of</strong>General Assembly resolution 54/127 <strong>of</strong> 17 December 1999 (see A/AC.254/25, para. 22;see also note 2 by the Secretariat concerning article 3 <strong>of</strong> the present protocol).Rolling text (A/AC.254/4/Add.2/Rev.5)Eighth session: 21 February-3 March 2000“Article 7“Confiscation or forfeiture“1. States Parties shall undertake to confiscate or [forfeit] firearms, their partsand components 9 and ammunition that have been illicitly manufactured or trafficked,in accordance with article 7 <strong>of</strong> the Convention.“Option 1“[2. States Parties shall adopt the necessary measures to ensure that no firearms,their parts and components and ammunition seized, confiscated or forfeited as a result4It was noted by the Syrian Arab Republic that domestic legislation should determine how the sale <strong>of</strong> confiscatedfirearms was regulated (see A/AC.254/L.67).5It was suggested by South Africa that the destruction <strong>of</strong> unauthorized weapons should also be included in <strong>this</strong> provision.The Russian Federation and Senegal suggested that those confiscated firearms disposed <strong>of</strong> in a controlled fashionshould not necessarily be destroyed.6The Chairman suggested placing <strong>this</strong> paragraph in square brackets because <strong>of</strong> the conflicts with the domestic laws<strong>of</strong> some States.7Alternative proposed by Germany and the Republic <strong>of</strong> Korea, taken from the action plan recommended by the SeniorExperts Group on Transnational Organized Crime.8Proposal made by South Africa (see A/AC.254/5/Add.5).9The words “other related materials” were replaced by the words “parts and components” throughout the text <strong>of</strong> thedraft protocol, as agreed at the informal consultations held during the eighth session <strong>of</strong> the Ad Hoc Committee (seeA/AC.254/L.174, para. 4).

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