Protocols Against The Manufacture And Trafficking Of Firearms ... - Full Text Of The Norm

Original Language Title: PROTOCOLOS PROTOCOLO CONTRA LA FABRICACION Y EL TRAFICO ILICITOS DE ARMAS DE FUEGO ... - Texto completo de la norma

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PROTOCOL Law 26.138 Adopt the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Organized Crime adopted by the General Assembly of the United Nations Organization on 31 May 2001. Sanctioned: August 16, 2006 Cast: September 4, 2006

The Senate and Chamber of Deputies

of the Argentine Nation

meeting in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Appropriate the PROTOCOL AGAINST FABRICATION AND TRAFFIC ILICITES OF ARMAS OF FUEGO, YOUR PIECES AND COMPONENTS AND MUNITIONS, COMPLEMENTING THE UNITED NATIONS CONVENTION AGAINST THE TRANSNACIONAL ORGANIZED CRIME, adopted by the Assembly, General of the United Nations Organization, on 31 May 2001, ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF AUGUST OF THE YEAR DOS MIL SEIS.

# 26,138 EL

ALBERTO BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

PROTOCOL AGAINST FABRICATION

AND THE ILITIZATION OF ARMS

AND COMPONENT

AND MUNITIONS, COMPLETELY

THE UNITED NATIONS CONVENTION

CONTRACTING

TRANSNATIONAL ORGANIZATION

Preamble

The States Parties to this Protocol,

Mindful of the urgent need to prevent, combat and eradicate the illicit manufacture of and trafficking in firearms, their parts and components and ammunition, because of the adverse effects of these activities on the security of each State and region and the world at large, which endanger the well-being of peoples, their economic and social development and their right to live in peace,

Convinced, therefore, of the need for States to take all appropriate measures to that end, including measures of international and other cooperation at the regional and global levels,

Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended ad hoc intergovernmental committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and to consider, inter alia, developing an international instrument against the illicit manufacture of and trafficking in firearms, their parts and components and ammunition,

Bearing in mind the principles of equal rights and self-determination of peoples enshrined in the Charter of the United Nations and in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Convinced that complementing the United Nations Convention against Transnational Organized Crime with an international instrument against the illicit manufacture of and trafficking in firearms, its parts and components and ammunition will be useful in preventing and combating such crimes,

They agreed on the following:

I. General provisions

Article 1

Relationship with the Convention

United Nations

Transnational Organized Crime

1. This Protocol complements the United Nations Convention against Transnational Organized Crime and will be construed in conjunction with the Convention.

2. The provisions of the Convention shall apply mutatis mutandis to this Protocol unless otherwise provided.

3. Offences under Article 5 of this Protocol shall be considered as offences under the Convention.

Article 2

Finality

The purpose of this Protocol is to promote, facilitate and strengthen cooperation among States parties with a view to preventing, combating and eradicating the illicit manufacturing and trafficking of firearms, their parts and components and ammunition.

Article 3

Definitions

For the purposes of this Protocol:

(a) The "fire weapon" means any portable gun that has a cannon and that it launches, is designed to launch or can easily be transformed to launch a canopy, a bullet or a projectile by the action of an explosive, excluding old firearms or their replicas. Old firearms and their replicas will be defined in accordance with domestic law. In no case, however, they may include firearms manufactured after 1899;

(b) The "pieces and components" means any element or spare element specifically designed for a firearm and indispensable for its operation, including the cannon, box or drawer, lock or drum, closure or closure and any device designed or adapted to reduce the sound caused by the shooting of a firearm;

(c) "munitions" shall mean the complete cartridge or its components, including the pods, the baits, the propulsive load, the bullets or projectiles used in firearms, provided that these components are subject to authorization in the respective State Party;

(d) "illegal manufacture" means the manufacture or assembly of firearms, their parts and components or ammunition:

(i) From parts and components that have been trafficked;

(ii) No license or authorization from a competent authority of the State Party in which the manufacture or assembly is performed; or

(iii) Without marking firearms at the time of manufacture, in accordance with Article 8 of this Protocol;

The licensing or authorization for the manufacture of parts and components shall be made in accordance with domestic law;

(e) "illegal traffic" means the importation, exportation, acquisition, sale, delivery, transfer or transfer of firearms, their parts and components and ammunition from or through the territory of a State Party to that of another State Party if any of the States Parties concerned does not authorize it in accordance with the provisions of this Protocol or if firearms have not been marked under article 8 of this Protocol;

(f) "location" means the systematic tracking of firearms and, if possible, of their parts and components and ammunition, from the manufacturer to the buyer, in order to assist the competent authorities of the States Parties in detecting, investigating and analysing illicit manufacturing and trafficking.

Article 4

Scope of application

1. Unless it contains a provision to the contrary, this Protocol shall apply to the prevention of the illicit manufacture of and trafficking in firearms, their parts and components and ammunition and to the investigation and prosecution of offences established under Article 5 of this Protocol when such offences are transnational in nature and involve an organized criminal group.

2. This Protocol shall not apply to inter-State transactions or State transfers when the implementation of the Protocol may prejudice the right of a State party to take measures for the sake of national security in accordance with the Charter of the United Nations.

Article 5

Criminalization

1. Each State Party shall take such legislative or other measures as may be necessary to criminalize the following conduct, when intentionally committed:

(a) Illicit manufacture of firearms, their parts and components and ammunition;

(b) Illicit trafficking in firearms, their parts and components and ammunition;

(c) The unlawful forgery or obliteration, suppression or alteration of the mark(s) of a required firearms weapon(s) in accordance with Article 8 of this Protocol.

2. Each State Party shall also take such legislative and other measures as may be necessary to criminalize the following conduct:

(a) Subject to the basic concepts of its legal system, the attempt to commit an offence under paragraph 1 of this article or the participation in it as an accomplice; and

(b) The organization, direction, aid, incitement, facilitation or advice for the commission of an offence under paragraph 1 of this article.

Article 6

Confiscation, seizure and disposal

1. Subject to article 12 of the Convention, States Parties shall, to the greatest extent possible, take, in accordance with their domestic legal system, such measures as may be necessary to enable the confiscation of firearms, their parts and components and ammunition that have been illicitly manufactured or trafficked.

2. States Parties shall, in accordance with their domestic legal system, take the necessary measures to prevent firearms, their parts and components and ammunition that have been illicitly manufactured or trafficked from falling into the hands of unauthorized persons, in particular through the seizure and destruction of such firearms, their parts and components and ammunition, unless another form of provision has been formally authorized, provided that such firearms are marked and recorded.

II. Prevention

Article 7

Records

Each State Party shall ensure the maintenance, for a period not less than 10 years, of information relating to firearms and, where appropriate and feasible, of information relating to their parts and components and ammunition necessary to locate and identify firearms and, where appropriate and feasible, their parts and components and ammunition that have been illicitly manufactured or trafficked, as well as to prevent and detect such activities. Such information shall include:

(a) Relevant brands required under Article 8 of this Protocol;

(b) In cases involving international transactions involving firearms, their parts and components and ammunition, the date of issuance and expiration of relevant licences or authorizations, the country of export, the country of import, transit countries, where appropriate, and the final receiver, as well as the description and quantity of the items.

Article 8

Marking of firearms

For the purpose of identifying and locating each firearm, the States Parties shall:

(a) At the time of the manufacture of each firearm, they will require that it be marked with a distinctive mark indicating the name of the manufacturer, the country or place of manufacture and the serial number, or maintain any other distinctive and easy-to-use brand that holds simple geometric symbols, along with a numerical and/or alphanumeric code, and that allows all States parties to identify the country of manufacture without difficulty;

(b) They will demand that a simple and appropriate mark be applied to any imported firearm to identify the country of import and, if possible, the year thereof, and also allow the competent authorities of that country to locate the firearm, as well as a distinguishing mark, if the firearm does not carry it. The requirements of this subparagraph shall not apply to the temporary import of firearms for verifiable lawful purposes;

(c) They shall ensure that, at the time of the transfer of a firearm from State stockpiles to civilian use on a permanent basis, the appropriate distinguishing mark is applied to that weapon to enable all States parties to identify the country conducting the transfer.

2. States Parties shall encourage the firearms manufacturing industry to formulate measures against the deletion or alteration of marks.

Article 9

Deactivation of firearms

Any State Party which, in accordance with its domestic law, does not recognize as a firearm a deactivated weapon shall take such measures as may be necessary, including the criminalization of specific offences, as appropriate, in order to prevent the illicit reactivation of deactivated firearms, consistent with the following general principles of deactivation:

(a) All essential parts of a deactivated firearm will become permanently useless and non-removable, replaced or modified in any way that can allow their reactivation;

(b) Provisions will be made for a competent authority to verify, where appropriate, the deactivation measures in order to ensure that the changes made to the firearms are permanently unused;

(c) Verification by a competent authority shall include the issuance of a certificate or annotation in a record indicating the deactivation of the firearm or the inclusion of a mark for that purpose clearly visible in the firearm.

Article 10

General requirements for licensing systems

or authorizations for export, import and

transit

1. Each State Party shall establish or maintain an effective system of export and import licences or authorizations, as well as measures applicable to international transit, for the transfer of firearms, their parts and components and ammunition.

2. Before issuing export licences or authorizations for the issuance of firearms, their parts and components and ammunition, each State Party shall ensure that:

(a) Importing States have issued such licences or authorizations; and

(b) Transit States have at least communicated in writing, prior to the issuance, which are not opposed to transit, without prejudice to bilateral or multilateral agreements or arrangements aimed at favouring landlocked States.

3. The export and import licence or authorization and the accompanying documentation shall contain information that, at a minimum, includes the place and date of issue, the date of expiration, the country of export, the country of import, the final recipient, a description and the quantity of firearms, their parts and components and ammunition and, where there is transit, transit countries. The information contained in the import licence should be provided to transit States in advance.

4. The importing State Party shall notify the exporting State Party upon request the receipt of remittances of firearms, their parts and relevant ammunition and ammunition sent to it.

5. Each State shall, within its capabilities, take the necessary measures to ensure that the licensing or authorization procedures are safe and that the authenticity of the licence or authorization documents may be verified or validated.

6. States Parties may adopt simplified procedures for the temporary import and export and for the transit of firearms, their parts and components and ammunition for verifiable licit purposes, such as hunts, sports shooting practices, testing, exhibits or repairs.

Article 11

Security and prevention measures

In order to detect, prevent and eliminate theft, loss or diversion, as well as the illicit manufacture and trafficking of firearms, their parts and components and ammunition, each State Party shall take appropriate measures to:

(a) Demand that the safety of firearms, their parts and components and ammunition be ensured in the course of their manufacture, import and export and transit through their territory; and

(b) Increase the effectiveness of import, export and transit controls, including, where appropriate, border controls, as well as cross-border cooperation between police and customs services.

Article 12

Information

1. Without prejudice to the provisions of articles 27 and 28 of the Convention, States Parties shall, in accordance with their respective domestic legal and administrative systems, exchange relevant information for each specific case on issues such as manufacturers, commercial agents, importers and exporters and, where possible, authorized firearms carriers, their parts and components and ammunition.

2. Without prejudice to the provisions of articles 27 and 28 of the Convention, States Parties shall exchange, in accordance with their respective domestic legal and administrative systems, relevant information on such matters as:

(a) Effective or suspected organized criminal groups involved in the illicit manufacture or trafficking of firearms, their parts and components and ammunition;

(b) The means of concealment used in the illicit manufacture or trafficking of firearms, their parts and components and ammunition, as well as ways of detecting them;

(c) Methods and means, expedition and duty stations and routes used by organized criminal groups involved in the illicit trafficking of firearms, their parts and components and ammunition; and Tuesday, 5 September 2006

(d) Experiences of a legislative nature, as well as related practices and measures, to prevent, combat and eradicate the illicit manufacture of and trafficking in firearms, their parts and components and ammunition.

3. States Parties shall, as appropriate, provide or exchange any relevant scientific and technological information that is useful to law enforcement authorities in order to strengthen their capacity to prevent, detect and investigate the illicit manufacture and trafficking of firearms, their parts and components and ammunition and to prosecute persons involved in such illicit activities.

4. States Parties shall cooperate in locating firearms, their parts and components and ammunition that may have been illicitly manufactured or trafficked. Such cooperation shall include the rapid response of States parties to any request for assistance in locating such firearms, their parts and components and ammunition, within available means.

5. Subject to the basic concepts of its legal system or any international agreements, each State Party shall ensure confidentiality and comply with the restrictions imposed on the use of any information received from another State Party in accordance with this article, including private information on commercial transactions, when requested by the State party providing the information. If it is not possible to maintain confidentiality, the State party providing it will be informed before disclosure of the information.

Article 13

Cooperation

1. States Parties shall cooperate at the bilateral, regional and international levels to prevent, combat and eradicate the illicit manufacture of and trafficking in firearms, their parts and components and ammunition.

2. Without prejudice to the provisions of article 18, paragraph 13, of the Convention, each State Party shall designate a national body or central point of contact to liaise with other States Parties in any matter relating to this Protocol.

3. States Parties shall seek the support and cooperation of manufacturers, commercial agents, importers, exporters, brokers and commercial carriers of firearms, their parts and components and ammunition, in order to prevent and detect the illicit activities referred to in paragraph 1 of this article.

Article 14

Training and technical assistance

States Parties shall cooperate with each other and with relevant international organizations, as appropriate, in order to ensure that States Parties upon their request receive the necessary training and technical assistance to strengthen their capacity to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, including technical, financial and material assistance, as appropriate, on the issues set out in articles 29 and 30 of the Convention.

Article 15

Corridors and brokerage

1. With a view to preventing and combating the illicit manufacture of and trafficking in firearms, their parts and components and ammunition, States Parties that have not yet done so shall consider establishing a system for regulating the activities of brokers. This system could include one or more of the following:

(a) Requiring registration in a register of corridors operating in its territory;

(b) Requiring a license or authorization for the exercise of the brokerage, or

(c) Require that in import and export licences or authorizations, or in the documentation attached to the goods, the name and location of brokers involved in the transaction shall be assigned.

2. States parties that have established a system of authorization for brokering operations such as that described in paragraph 1 of this article are encouraged to include data on brokers and brokering operations in their exchanges of information under Article 12 of this Protocol and to keep track of brokers and brokering operations in accordance with Article 7 of this Protocol.

III. Final provisions

Article 16

Dispute settlement

1. States Parties shall seek to resolve any dispute relating to the interpretation or application of this Protocol through negotiation.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be resolved through negotiation within a reasonable time shall, at the request of one of those States Parties, be subject to arbitration. If, six months after the date of the request for arbitration, such States parties have not been able to agree on the organization of arbitration, any such Party may refer the dispute to the International Court of Justice by request under the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it is not considered bound by paragraph 2 of this Article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.

4. A State Party which has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notifying the Secretary-General of the United Nations.

Article 17

Signature, ratification, acceptance, approval and

accession.

1. This Protocol will be open for signature by all States at United Nations Headquarters in New York from the thirtieth day after its adoption by the General Assembly until 12 December 2002.

2. This Protocol shall also be open for signature by regional economic integration organizations, provided that at least one member State of such organizations has signed this Protocol in accordance with paragraph 1 of this Article.

3. This Protocol shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. Regional economic integration organizations may deposit their instrument of ratification, acceptance or approval if at least one of their member States has proceeded equally. In that instrument of ratification, acceptance or approval, such organizations shall declare the scope of their competence with respect to the issues covered by this Protocol. Such organizations shall also notify the depositary of any relevant modification of the scope of their competence.

4. This Protocol shall be open to the accession of all States or regional economic integration organizations that have at least one member State Party to this Protocol. The instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of accession, regional economic integration organizations shall declare the scope of their competence with respect to the issues covered by this Protocol. Such organizations shall also notify the depositary of any relevant modification of the scope of their competence.

Article 18

Entry into force

1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, provided that it does not enter into force before the entry into force of the Convention. For the purposes of this paragraph, the instruments deposited by a regional economic integration organization shall not be considered additional to those deposited by the member States of that organization.

2. For each State or regional economic integration organization ratifying, accepting or approving this Protocol or acceding to it after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, this Protocol shall enter into force on the thirtieth day after the date on which that State or organization deposited the relevant instrument or on the date of its entry into force under paragraph 1 of this Article, if the latter is subsequent.

Article 19

Amendment

1. When five years have elapsed since the entry into force of this Protocol, the States Parties may propose written amendments to the Secretary-General of the United Nations, who shall then communicate any proposed amendments to the States Parties and to the Conference of the Parties to the Convention for consideration and decision. The States Parties to this Protocol at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all possibilities for consensus have been exhausted and no agreement has been reached, the adoption of the amendment will ultimately require a two-thirds majority of the States parties to this Protocol present and voting at the meeting of the Conference of the Parties.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this Article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise their right, and vice versa.

3. Any amendment adopted in accordance with paragraph 1 of this article shall be subject to ratification, acceptance or approval by States Parties.

4. Any amendment in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date on which it deposits with the Secretary-General of the United Nations an instrument of ratification, acceptance or approval of that amendment.

5. When an amendment enters into force, it shall be binding on States Parties that have expressed their consent in this regard. The other States Parties shall be subject to the provisions of this Protocol, as well as to any previous amendments which they have ratified, accepted or approved.

Article 20

Complaint

1. The States Parties may denounce this Protocol by written notification to the Secretary-General of the United Nations. The complaint shall take effect one year after the date on which the Secretary-General has received the notification.

2. Regional economic integration organizations shall cease to be Parties to this Protocol when all their member States have denounced it.

Article 21

Depositary and languages

1. The Secretary-General of the United Nations shall be the depositary of this Protocol.

2. The original of this Protocol, the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHY, the undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Protocol.