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654 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(a) Require, at the time <strong>of</strong> manufacture <strong>of</strong> each firearm, the appropriatemarking <strong>of</strong> the name <strong>of</strong> its manufacturer, its place <strong>of</strong> manufacture and its [serialnumber]; 29“[(b) Require appropriate markings on each imported firearm [following itsimportation for the purpose <strong>of</strong> commercial sale within the importing country, orpermanent private importation], permitting the identification <strong>of</strong> the importer’s nameand address [and an individual serial number if the firearm does not bear one at thetime <strong>of</strong> import] [so that the source <strong>of</strong> the firearm can be traced]; 30 and“(c) [[Require] the appropriate marking <strong>of</strong> any firearm confiscated or forfeitedpursuant to article 7 <strong>of</strong> <strong>this</strong> Protocol that is retained for <strong>of</strong>ficial use;] 31“[(d) Require, at the time <strong>of</strong> transfer <strong>of</strong> a firearm from government stocks topermanent civilian use, the appropriate marking <strong>of</strong> the place <strong>of</strong> transfer and serialnumber.] 32“[1 bis The firearms referred to in article 2, subparagraph (b) (ii), <strong>of</strong> <strong>this</strong>Protocol should be marked appropriately at the time <strong>of</strong> manufacture, if possible.] 33“2. States Parties shall encourage the firearm manufacturing industry todevelop measures to guard against the removal <strong>of</strong> markings.”29At the eleventh session <strong>of</strong> the Ad Hoc Committee, the format and content <strong>of</strong> markings to be applied were discussedextensively and remained one <strong>of</strong> the issues still open when the meeting adjourned. A number <strong>of</strong> proposals were made todescribe the markings for all firearms, imported firearms or firearms produced exclusively for a State party’s military orsecurity forces. These included “the codes used to identify the country and factory <strong>of</strong> origin, the year <strong>of</strong> production, the lotnumber and the calibre” (Colombia, see A/AC.254/L.247); “serial number” (European Commission, see A/AC.254/L.260);“serial number or unique numeric code” (Canada, see A/AC.254/L.264); “serial number or any other unique alphanumericcode” (Mexico); “unique numeric or alphanumeric marking” (working group, see A/AC.254/L.266, and Vice-Chairman, seeA/AC.254/L.271); “unique markings permitting ready identification” (Vice Chairman, see A/AC.254/L.271); and “appropriateunique marking” or “appropriate simple marking” (Chairman, see A/AC.254/4/Add.2/Rev.6, annex).30Many delegations supported the idea <strong>of</strong> requiring additional marking at the time <strong>of</strong> import, but concerns remainedabout the costs and practicality <strong>of</strong> <strong>this</strong> and about who (importers, exporters or government agencies) would actually do themarking. At the eleventh session <strong>of</strong> the Ad Hoc Committee, there was further discussion <strong>of</strong> import marking. Generally, theposition <strong>of</strong> some delegations that import marking was unnecessary or impracticable were contingent on the establishment<strong>of</strong> a clear obligation to mark all firearms in a “user friendly” way at the time <strong>of</strong> manufacture. This was seen as preferablein order to ensure that any firearms subsequently diverted from state control would previously have been marked. If theprotocol did not require user friendly marking or did not apply to firearms made exclusively for a State party’s military orsecurity forces at the time <strong>of</strong> manufacture, many <strong>of</strong> the delegations that would otherwise regard import marking as unnecessarywould then see it as necessary and proposals that would make it more practicable were considered. These includedlimiting the requirement to firearms imported for commercial sale or permanent private retention and firearms that had notbeen previously marked (European Commission, see A/AC.254/L.260) and limiting the content <strong>of</strong> import marking andexempting temporary imports completely (informal working group, see A/AC.254/L.266; Vice Chairman, seeA/AC.254/L.271; and Chairman, see A/AC.254/4/Add.2/Rev.6, annex).31At the eleventh session <strong>of</strong> the Ad Hoc Committee, an informal working group set up to recommend changes to article9 recommended the deletion <strong>of</strong> <strong>this</strong> provision (see A/AC.254/L.266). That proposal was incorporated into subsequentproposals, which did not find consensus for other reasons (Vice Chairman, see A/AC.254/L.271; and Chairman, seeA/AC.254/4/Add.2/Rev.6, annex).32At the eleventh session <strong>of</strong> the Ad Hoc Committee, there was general support for the principle <strong>of</strong> ensuring thatfirearms transferred from government stocks to private circulation were marked in such a way as to identify the transferringState party and the individual firearm involved. The major issue still open, as with other paragraphs <strong>of</strong> <strong>this</strong> article,involved the exact format and content <strong>of</strong> the markings to be applied to such firearms. New proposals for <strong>this</strong> paragraphappeared in <strong>document</strong>s A/AC.254/L.260 (European Commission); A/AC.254/L.264 (Canada); A/AC.254/L.266 (workinggroup); A/AC.254/L.271 (Vice Chairman); and A/AC.254/4/Add.2/Rev.6, annex (Chairman).33See footnote 28 above.

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