Act 540 1999

Original Language Title: LEY 540 de 1999

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LAW 540
1999 (December 15)
Official Journal No 43819 of 17 December 1999 COLOMBIA CONGRESS


Through which the "Inter-American Convention against Illicit Manufacturing of and trafficking in firearms, ammunition, explosives and other related materials", adopted in Washington, DC, the fourteen (14) of November, approved nineteen ninety-seven (1997). Summary

Term Notes
Having regard to the text of the "Inter-American Convention against Illicit Manufacturing of and trafficking in firearms, ammunition, explosives and other related materials", adopted in Washington, DC, the fourteen (14) November 1990 and seven (1997), which reads:
(to be transliterated: photocopy of the text is attached integral of that instrument, duly authenticated by the Head of the Legal office of the Ministry of Foreign Affairs). INTER-AMERICAN CONVENTION AGAINST
MANUFACTURING AND TRAFFICKING
ILLICIT FIREARMS, AMMUNITION, EXPLOSIVES AND OTHER RELATED MATERIALS
States Parties,
Aware of the urgent need to prevent, combat and eradicate the manufacturing and trafficking in firearms, ammunition, explosives and otos related materials because of the harmful effects of these activities on the security of each state and the region as a whole, that threaten the well-being of peoples, their social and economic development and their right to live in peace;
Concerned by the increase, at the international level, manufacturing and trafficking of firearms, ammunition, explosives and other related materials and by the severity of the problems resulting therefrom;
Reaffirming the priority for States Parties to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials because of the links with drug trafficking, terrorism, transnational organized crime, mercenary activities and other criminal behavior;
Concerned by the illicit manufacture of explosives from substances and articles that pampering themselves are not explosives-which are not covered by this Convention due to their other uses for lícitos- related to drug trafficking, terrorism activities, transnational crime organized, mercenary activities and other criminal behavior;
Considering the urgency for all States, especially those that produce, export and import arms, to take the necessary measures to prevent, combat and eradicate illicit manufacturing of and trafficking in firearms, ammunition, explosives and other materials related;
Convinced that the fight against illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials requires international cooperation, exchange of information and other appropriate national, regional and international levels, and desiring to set a precedent in the matter for the international community;
Stressing the need in peace processes and post-conflict situations effective control of the love of firearms, ammunition, explosives and other related materials in order to prevent their entry into the illicit market is made;
Bearing in mind the relevant resolutions of the United Nations General Assembly on measures to eradicate the illicit transfer of conventional weapons and the need for all states to ensure their safety, as well as the work carried out within the framework of the Inter-American Commission for Drug Abuse Control (CICAD);
Recognizing the importance of strengthening existing international mechanisms to support the implementation of the law, such as the International Tracking System Arms and Explosives of the International Criminal Police Organization (Interpol) to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials;
Recognizing that international trade in firearms is particularly vulnerable to abuses by criminal elements and that a "know your customer" for those who produce, trade, import or export firearms, ammunition, explosives and other materials related is crucial for combating this scourge;

Recognizing that States have developed different customs and traditions regarding the use of firearms and 1That the purpose of enhancing international cooperation to eradicate illicit transnational trafficking in firearms is not intended to discourage or diminish lawful activities or recreation recreation, such as travel or tourism for sport shooting or hunting, or other forms of property and recognized by States Parties legal uses;
Recalling that States Parties have laws and regulations on firearms, ammunition, explosives and other related materials, and recognizing that this Convention does not commit States Parties to enact legislation or regulations on the ownership, possession or marketing firearms wholly domestic character, and recognizing that States Parties will apply their respective laws and regulations consistent with this Convention;
Reaffirming the principles of sovereignty, nonintervention, and legal equality of States,
Have decided to adopt this Inter-American Convention against the Illicit Manufacturing of and trafficking in firearms, ammunition, explosives and other related materials: || | Article 1o. DEFINITIONS. For the purposes of this Convention, the following definitions shall apply:
1. "Illicit manufacturing": the manufacture or assembly of firearms, ammunition, explosives and other related materials:
a) From components or parts illicitly trafficked or
b) Without a license from a competent governmental authority the State Party where the manufacture or assembly, or
c) where the firearms that require it are not marked at the time of manufacture.
2. "Illicit trafficking": the import, export, acquisition, sale, delivery, movement or transfer of firearms, ammunition, explosives and other related materials from or across the territory of a State Party to that of another State Party if any State Party concerned It does not authorize it.
3. "Firearms":
a) Any weapon consisting of at least one cannon by which a bullet or projectile can be discharged by the action of an explosive and has been designed to or may readily be converted to such Indeed, except antique firearms manufactured before the twentieth century or their replicas, or
b) Any other weapon or destructive device such as any explosive, incendiary or gas bomb, Granada, rocket launcher, missile, missile system and mines .
4. "Ammunition": the complete round or its components, including cartridge cases, primers, propellant powder, bullets, or projectiles used in firearms.
5. "Explosives": any substance or article that is made, manufactured or used to produce an explosion, detonation, or propulsive or pyrotechnic effect, except:
a) Substances and articles which are not themselves explosive, or | || b) Substances and articles listed in the Annex to this Convention.
6. "Other related materials": any component, part, or replacement of any firearm or accessory which can be attached to a firearm.
7. "Controlled delivery" consisting of allowing illicit or suspicious of firearms, ammunition, explosives and other related materials consignments leaving the territory of one or more States technique, through or into it, with the knowledge and under the supervision of their competent authorities in order to identify the persons involved in the commission of offenses referred to in article 4 of this Convention.
Article 2.
. PURPOSE. The purpose of this Convention is:
Prevent, Combat and Eradicate the Illicit Manufacturing of and trafficking in firearms, ammunition, explosives and other related materials;
Promote and facilitate cooperation and exchange of information and experience to prevent, combat and eradicate illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials between States Parties.

ARTICLE 3o. SOVEREIGNTY. 1. States Parties shall implement their obligations under this Convention in accordance with the principles of sovereign equality and territorial integrity of States and non-intervention in the internal affairs of other States.
2. A State Party shall not undertake in the territory of another Member State jurisdiction or functions reserved exclusively for the authorities of that other State Party by its domestic law.
ARTICLE 4.
. LEGISLATIVE MEASURES. 1. States Parties that have not yet done so shall adopt such legislative or other measures as may be necessary to establish as criminal offenses under their domestic law the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials.

2. Subject to the respective constitutional principles and basic concepts of the legal systems of the States Parties, the offenses established pursuant to the preceding paragraph shall include participation in the commission of any such offenses, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counseling regarding their commission.

The 5th ARTICLE. COMPETITION. 1. Each State Party shall take the measures necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed in its territory.
2. Each State Party may adopt the measures necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed by one of its nationals or by a person who habitually resides in its territory.
3. Each State Party shall take the measures necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged offender is present in its territory and not extradited to another country because of the nationality of the alleged offender.
4. This Convention does not preclude the application of any other rule of criminal jurisdiction established by a State Party under its national law.
ARTICLE 6.
. MARKING OF FIREARMS. 1. For the purposes of identification and tracing of firearms that Article 1.3.a concerns, States Parties shall:
a) Require that manufactured to be marked appropriately the manufacturer's name, the place of manufacture and serial number;
B) Require appropriate markings on imported firearms permitting the identification of the name and address of the importer, and
c) Require appropriate markings on any firearms confiscated or forfeited pursuant to the Article 7.1 that are retained for official use.
2. Firearms to Article 1.3.b) refers should be marked appropriately at the time of manufacture, if possible.

Article 7. Confiscation or Forfeiture. 1. States Parties undertake to confiscate or forfeit firearms, ammunition, explosives and other related materials that have been illicitly manufactured or trafficked.
2. States Parties shall take the necessary measures to ensure that all firearms, ammunition, explosives and other related materials that have been seized, confiscated or forfeited as a result of illicit manufacturing or trafficking do not fall into the hands of private individuals or businesses by through auction, sale or other means.
ARTICLE 8.
. SECURITY MEASURES. States parties to eliminate loss or diversion, undertake to take the necessary measures to ensure the security of firearms, ammunition, explosives and other related materials imported, exported or in transit in their respective territories .

Article 9. Licenses or Authorizations export, import and transit. 1. States Parties shall establish or maintain an effective system of export licenses or authorizations, import and international transit for transfers of firearms, ammunition, explosives and other related materials.
2. States Parties shall not permit the transit of firearms, ammunition, explosives and other related materials until the receiving State Party issues the corresponding license or authorization materials.
3. States Parties, before releasing shipments of firearms, ammunition, explosives and other related materials for export, must make sure that the importing and transit countries have issued the necessary licenses or authorizations.
4. The State party importer shall inform the exporting State Party requesting the receipt of shipments of firearms, ammunition, explosives and other related materials.

ARTICLE 10. STRENGTHENING CHECKS export points. Each State Party shall take such measures as may be necessary to detect and prevent illicit trafficking in firearms, ammunition, explosives and other related materials between its territory and that of other States Parties, by strengthening controls at export points materials .


ARTICLE 11. MAINTENANCE OF INFORMATION. States Parties shall keep, for a reasonable time, the necessary information to allow tracking and identification of firearms that have been illicitly manufactured or trafficked, to enable them to fulfill their obligations under Articles 13 and 17.

ARTICLE 12. CONFIDENTIALITY. Subject to the obligations imposed by their Constitutions or any international agreements, States Parties shall ensure the confidentiality of any information they receive when requested by the State Party providing the information. If not for legal reasons such confidentiality could be maintained, the State Party providing information shall be notified prior to its disclosure.

ARTICLE 13. EXCHANGE OF INFORMATION. 1. States Parties shall exchange among themselves, in accordance with their domestic laws and applicable treaties, relevant information on matters such as:
a) Producers, traders, importers, exporters and, whenever possible, carriers of weapons firearms, ammunition, explosives and other related materials;
B) The means used to hide the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials, and ways of detecting them;
C) Routes customarily used by criminal organizations engaged in illicit trafficking in firearms, ammunition, explosives and other related materials;
D) experiences, practices and legislative measures to prevent, combat and eradicate illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials, and
e) Techniques, practices and legislation against money laundering related to illicit manufacturing and trafficking of firearms, ammunition, explosives and other related materials.
2. States Parties shall provide and shall, as appropriate, relevant to law enforcement and improve the ability of each to prevent, detect and investigate the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other materials scientific and technological information related and to prosecute those responsible.
3. States Parties shall cooperate in the tracing of firearms, ammunition, explosives and other related materials that may have been illicitly manufactured or trafficked. Such cooperation shall include accurate and prompt responses to trace requests.

ARTICLE 14. COOPERATION. 1. States Parties shall cooperate at the bilateral, regional and international levels to prevent, combat and eradicate illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials plane.
2. States Parties shall identify a national body or a single point of contact to act as liaison between States Parties and between them and the Consultative Committee established in Article 20, for purposes of cooperation and information exchange.

ARTICLE 15. EXCHANGE OF EXPERIENCE AND TRAINING. 1. States Parties shall cooperate in formulating programs for exchange of experience and training among competent officials and cooperate with each other to facilitate access to equipment or technology which have proven effective in the implementation of this Convention.
2. States Parties shall cooperate with each other and with relevant international organizations, as appropriate, to ensure that there is in their territory adequate training to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials . Such training shall include, inter alia:
a) Identification and tracing of firearms, ammunition, explosives and other related materials;
B) The collection of intelligence information, particularly on the identification of those responsible for the production and trafficking and methods of transport and means of concealment of firearms, ammunition, explosives and other materials related, and
c) improving the efficiency of personnel responsible for searching and detection in conventional and nonconventional points of entry and exit, firearms, ammunition, explosives and other materials related personnel trafficked illicitly.


ARTICLE 16. TECHNICAL ASSISTANCE. States Parties shall cooperate with each other and with relevant international organizations, as appropriate, so that States parties upon request receive necessary to strengthen their capacity to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms technical assistance firearms, ammunition, explosives and other related materials, including technical assistance in those matters identified in Article 25.2.

ARTICLE 17. MUTUAL LEGAL ASSISTANCE. 1. States Parties the widest mutual legal assistance, in accordance with their domestic laws and applicable treaties, by processing and responding promptly and accurately to requests from authorities that, in accordance with its domestic law, they are be provided the power to investigate or prosecute the illicit activities described in this Convention, to obtain evidence and take other necessary action to facilitate procedures and steps involved in such investigations or prosecutions.
2. For the purposes of mutual legal assistance under this article, each State Party may designate a central authority or may rely upon such central authorities as stipulated in the relevant treaties or other agreements. The central authorities will be responsible for making and receiving requests for assistance under this article, and communicate directly with each other for the purposes of this article.

ARTICLE 18. CONTROLLED DELIVERY. 1. Should their domestic legal systems so permit, States Parties shall take the necessary measures, within its capabilities, so that it can be used properly, at the international level, the technique of controlled delivery, in accordance with agreements or arrangements mutually agreed, in order to discover those involved in offenses referred to in article 4 and to taking legal action against them.
2. Decisions of the States Parties to use controlled delivery shall be made by case basis and may, when necessary, take into consideration financial arrangements and on the exercise of jurisdiction by the States parties concerned.
3. With the consent of the States Parties concerned, illicit consignments under controlled delivery may be intercepted and allowed to continue intact or removed or replaced in whole or in part firearms, ammunition, explosives and other related materials.

Article 19. EXTRADITION. 1. This Article shall apply to the offenses mentioned in article 4 of this Convention.
2. Each of the offenses to which this Article shall be deemed included among the offenses extraditable in any extradition treaty existing between States Parties applies. States Parties undertake to include such offenses as extraditable offenses in any extradition treaty concluded between them.
3. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which is not bound by any extradition treaty, it may consider this Convention as the legal basis for extradition in respect of the offenses to which this article applies.
4. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offenses to which this article applies as extraditable offenses between themselves.
5. Extradition shall be subject to the conditions provided by the law of the requested State Party or by applicable extradition treaties, including the grounds on which extradition may be refused.
6. If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person subject of the request, the requested State Party shall submit the case to its competent authorities for prosecution under the criteria, laws and procedures required by the State to those offenses when they are committed in its territory.
Requesting Party requested State Party and the State may, in accordance with their domestic laws, agree otherwise with respect to any prosecution that this paragraph refers to.

ARTICLE 20. ESTABLISHMENT AND FUNCTIONS OF THE ADVISORY COMMITTEE. 1. In order to achieve the objectives of this Convention, States Parties shall establish a Consultative Committee:
a) Promote the exchange of information referred to in this Convention;
B) Facilitating the exchange of information on national legislation and administrative procedures of the States Parties;

C) To promote cooperation between national liaison authorities to detect suspected illicit exports and imports of firearms, ammunition, explosives and other related materials;
D) Promote training, exchange of knowledge and experience among States Parties, including technical assistance and relevant international organizations as well as academic studies;
E) To request nonparty states, when appropriate, information on the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials, and
f) Promoting measures to facilitate the implementation of this Convention.
2. Decisions of the Consultative Committee shall be recommendatory nature.
3. The Consultative Committee shall maintain the confidentiality of any information received in the performance of its functions, if requested to do so.

ARTICLE 21. STRUCTURE AND MEETINGS OF THE ADVISORY COMMITTEE. 1. The Advisory Committee shall be composed of one representative of each State Party.
2. The Advisory Committee will hold regular annual meeting and special meetings as necessary.
3. The first regular meeting of the Consultative Committee shall be held within 90 days after the deposit of the tenth instrument of ratification of this Convention. This meeting will be held at the headquarters of the General Secretariat of the Organization of American States, unless a State Party offers to host.
4. Advisory Committee meetings will be held in the place agreed upon by the States Parties at the previous regular meeting. If no offer of office, the Advisory Committee shall meet at the headquarters of the General Secretariat of the Organization of American States.
5. The State party host of each regular meeting shall serve the Secretariat pro tempore of the Consultative Committee until the next regular meeting. When the regular meeting is held at the headquarters of the General Secretariat of the Organization of American States, a State Party that will serve as Secretariat pro tempore shall be elected.
6. In consultation with the States Parties, the Secretariat pro tempore shall be responsible for the following functions:
a) Convene regular and special meetings of the Consultative Committee;
B) Prepare the draft agenda of the meetings, and
c) To prepare the draft reports and minutes of meetings.
7. The Advisory Committee shall establish its rules of procedure and adopt them by absolute majority.

ARTICLE 22. SIGNATURE. This Convention is open for signature by member states of the Organization of American States.

ARTICLE 23. RATIFICATION. This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

ARTICLE 24. RESERVATIONS. States Parties may make reservations to this Convention when adopting, signing provided that said reservations are not incompatible with the object and purpose of the Convention and relate to one or more specific provisions.

ARTICLE 25. ENTRY INTO FORCE. This Convention shall enter into force on the thirtieth day after the date on which the deposit of the second instrument of ratification. For each state ratifying the Convention after deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification.

ARTICLE 26. DENUNCIATION. 1. This Convention shall remain effective indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After six months from the date of deposit of the instrument of denunciation, the Convention shall cease to be in effect for the denouncing state and shall remain in force for the other States Parties.
2. It shall not affect requests for information or assistance made during the term of the Convention for the denouncing State.

ARTICLE 27. OTHER AGREEMENTS OR PRACTICES. 1. None of the provisions of this Convention shall be construed as preventing the States Parties mutual cooperation under the provisions of other international, bilateral or multilateral, existing or to be concluded between them agreements are provided, or any other applicable arrangement or practice.

2. States Parties may adopt more stringent than those provided for in this Convention if, in its opinion, such measures are desirable to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials.

ARTICLE 28. CONFERENCE OF THE STATES PARTIES. Five years after entry into force of this Convention, the depositary shall convene a conference of the States Parties to review the operation and implementation of this Convention.
Each conference will decide the date to be held the next.

ARTICLE 29. DISPUTES SOLUTIONS. Disputes that may arise over the application or interpretation of the Convention shall be resolved through diplomatic channels or, failing that, by any other means of peaceful settlement agreed upon by the States parties involved.

Article 30. DEPOSIT. The original instrument of this Convention, the texts in Spanish, French, English and Portuguese languages ​​are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of the text for registration and publication to the Secretariat of the United Nations in accordance with Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member States of such organization signatures, deposits of instruments of ratification and denunciation, and any reservations that any,
The undersigned Head of the Legal Office of the Ministry of Foreign DECLARES
:
That this faithful reproduction is taken photocopy of the certificate text of the "Inter-American Convention against illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials" adopted in Washington, DC, the fourteen (14) November in 1997 (1997).
Given in Santa Fe de Bogota, DC, within thirty (30) days of July in 1998 (1998).
VARELA HECTOR ADOLFO Sintura

Chief Legal Office EXECUTIVE BRANCH PUBLIC POWER

PRESIDENCY OF THE REPUBLIC Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano

The Camilo Reyes Rodriguez Foreign Minister
DECREES (Sgd.)
ARTICLE 1o. Approval of the "Inter-American Convention against Illicit Manufacturing of and trafficking in firearms, ammunition, explosives and other related materials", adopted in Washington, DC, the fourteen (14) November in 1997 (1997). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Inter-American Convention against the Illicit Manufacturing of and trafficking in firearms, ammunition, explosives and other related materials", adopted in Washington, DC, the fourteen (14) November in 1997 (1997) , that article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3o. This law applies from the date of publication. PINEDO MIGUEL VIDAL

The President of the honorable Senate of the Republic Manuel Enríquez Rosero

The Secretary General of the honorable Senate POMARICO ARMANDO RAMOS

The President of the honorable Chamber of GUSTAVO BUSTAMANTE Moratto representatives

the Secretary General of the honorable House of representatives
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.

COMMUNICATED AND PUBLISHED Given in Santa Fe de Bogota, DC, on December 15, 1999 PASTRANA ARANGO

ANDRES FERNANDEZ DE SOTO
GUILLERMO Minister of Foreign Affairs
LUIS FERNANDO RAMIREZ ACUÑA
The Minister of National Defence


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