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

Part Four. Article 10 669weapons should be used in the protocol as the basis of the control mechanism concerningexport, import and transit licensing or authorization. Thus, a prior written consent fromthe target country’s competent authority, stating that there was no obstacle to the importationof the objects in terms of their type, the amount of the imported goods, the importerand the end-user, should be the precondition for the issuance of an export licence forfirearms and other objects that met the definition. In addition, the authority of the exportingcountry should always give a separate notification of the export to the authority of theimporting country. All the information should be exchanged directly between authoritiesand within a very short timeframe in order to carry out efficient supervision (seeA/AC.254/CRP.22).Seventh session: 17-28 January 2000Notes by the Secretariat3. Delegations based their comments on the text of article 11 of the revised draftprotocol contained in document A/AC.254/4/Add.2/Rev.3, which was the same as that containedin document A/AC.254/4/Add.2/Rev.2.Rolling text (A/AC.254/4/Add.2/Rev.4)“Article 11“General requirements for export, import and transitlicensing or authorization systems 19“1. States Parties shall establish or maintain an effective system of export andimport licensing or authorization, as well as of measures on international transit, 20 forthe transfer of firearms, their parts and components and ammunition.“Option 1“2. States Parties, before issuing export licences or authorizations for [commercial]21 shipments of firearms, their parts and components and ammunition, shallverify that:“Option 2“2. [States Parties issuing export licences or authorizations for commercialshipments of firearms, their parts and components and ammunition shall not permitexports until:]19The text of this article was approved for the purposes of further discussion, based on the recommendation of a workinggroup at the seventh session of the Ad Hoc Committee. Colombia proposed additional text for this article dealing withappropriate documentation required (see A/AC.254/5/Add.18 below). Mexico asked that this proposal should be consideredas a possible annex.20The working group at the seventh session of the Ad Hoc Committee was of the view that there was a need for adefinition of the term “transit” to be inserted in article 2. It might be possible to adapt a definition from the rules of theCustoms Cooperation Council (also known as the World Customs Organization).21The working group noted that the word “commercial” was a term of art among customs agencies in various countries,where it was used to refer to transactions that were not bona fide non-commercial transactions. A number of delegationsfavoured the deletion of the word. The working group noted that the protocol would not preclude States parties fromdeveloping more stringent domestic rules.