1999 ACT 540

(December 15)

Official Journal No 43,819 of 17 December 1999

COLOMBIA CONGRESS

By means of which the "Inter-American Convention against the Illicit Manufacturing and Trafficking of Firearms, Ammunition, Explosives, and Other Related Materials" is approved in Washington, D.C., 14 (14) November of a thousand nine hundred and ninety-seven (1997).

Having regard to the text of the "Inter-American Convention against the Illicit Manufacturing and Trafficking of Firearms, Ammunition, Explosives, and Other Related Materials" adopted in Washington, D. C., on 14 November of a thousand nine hundred Ninety-seven (1997), which to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

INTER-AMERICAN CONVENTION AGAINST ILLICIT MANUFACTURING AND TRAFFICKING

FIREARMS, AMMUNITION, EXPLOSIVES AND OTHER RELATED MATERIALS

States Parties,

Aware of the urgent need to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and related material, due to the harmful effects of these activities on the security of each State and the region as a whole, which put at risk the well-being of the peoples, their social and economic development and their right to live in peace;

Concerned about the increase, at international level, of the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials and the seriousness of the problems they cause;

Reaffirming the priority for States Parties to prevent, combat, and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives, and other related materials, given their connection with drug trafficking, terrorism, organised transnational crime, mercenary activities and other criminal behaviour;

Concerned about the illicit manufacture of explosives using substances and articles that in themselves are not explosive-and that are not covered by this Convention due to their other legal uses-for activities related to drug trafficking, terrorism, organised transnational crime, mercenary activities and other criminal behaviour;

Considering the urgency of all States, especially those who produce, export and import weapons, to take the necessary measures to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials;

Convinced that the fight against the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials requires international cooperation, exchange of information and other appropriate measures at the level of national, regional and international and wishing to set a precedent in the field for the international community;

Highlighting the need for effective control of fire, ammunition, explosives and other related materials in the pacification processes and post-conflict situations in order to prevent their introduction into the illicit market;

Taking into account the relevant resolutions of the United Nations General Assembly concerning measures to eradicate illicit transfers of conventional weapons and the need for all states to ensure their security, as well as the works developed in the framework of the Inter-American Drug Abuse Control Commission (CICAD);

Recognizing the importance of strengthening existing international law enforcement support mechanisms, such as the International Criminal Police Organization's International Arms and Explosives Tracking System (Interpol) to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials;

Acknowledging that international trade in firearms is particularly vulnerable to abuses by criminal elements and that a policy of "knowing your client" for those who produce, trade, export or import firearms, ammunition, Explosives and other related materials are crucial to combat this scourge;

Acknowledging that States have developed different customs and traditions regarding the use of firearms and 1that the purpose of improving international cooperation to eradicate transnational illicit firearms trafficking is not seeks to discourage or reduce lawful recreation or recreation activities, such as travel or tourism for sports shooting or hunting, or other forms of property and legal uses recognized by the States Parties;

recalling that States Parties have internal laws and regulations on firearms, ammunition, explosives and other related materials, and recognizing that this Convention does not commit States Parties to adopt legislation or regulations on the ownership, possession or marketing of firearms of an exclusively internal nature and recognizing that States Parties shall apply their respective laws and regulations in line with this Convention;

Reaffirming the principles of sovereignty, non-intervention, and legal equality of states,

Have decided to adopt this Inter-American Convention against the illicit manufacture and trafficking of firearms, ammunition, explosives, and other related materials:

ARTICLE 1o. DEFINITIONS. For the purposes of this Convention, the following definitions shall

:

1. "Illicit manufacturing" means the manufacture or assembly of firearms, ammunition, explosives and other related materials:

a) From illicitly trafficked components or parts, or

b) Without a license from a competent governmental authority of the State Party where they are manufactured or assembled, or

c) When the firearms that require it are not marked at the time of manufacture.

2. 'illicit trafficking' means the import, export, purchase, sale, delivery, transfer or transfer of firearms, ammunition, explosives and other related materials from or through the territory of a State Party to that of another State Party; any State Party concerned does not authorize it.

3. "Firearms":

(a) Any weapon that consists of at least one barrel by which a bullet or projectile can be discharged by the action of an explosive and which has been designed for it or can be easily converted for such an effect, except for the old weapons manufactured before the 20th century or its replicas, or

b) Any other weapon or destructive device such as explosive, incendiary or gas, grenade, rocket, rocket, missile, missile and mine system.

4. 'Ammunition' means the complete cartridge or its components, including capsule, fulminant, propellant, projectile or bullet used in firearms.

5. 'Explosives' means any substance or article that is made, manufactured or used to produce an explosion, detonation, propulsion or pyrotechnic effect, except:

a) Substances and articles that are not in themselves explosive, or

(b) Substances and articles referred to in the Annex to this Convention.

6. "Other related materials" means any component, part or replacement of a firearm or accessory that may be coupled to a firearm.

7. 'Supervised delivery' means a technique consisting of allowing illicit or suspected consignments of firearms, ammunition, explosives and other related materials to leave the territory of one or more States, to cross or enter it, with knowledge and under the supervision of its competent authorities, in order to identify the persons involved in the commission of offences referred to in Article 4or of this Convention.

ARTICLE 2o. PURPOSE. The purpose of this Convention is to:

Prevent, combat, and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives, and other related materials;

Promote and facilitate cooperation and exchange of information and experience among States Parties to prevent, combat, and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives, and other materials related.

ARTICLE 3o. SOVEREIGNTY. 1. The States Parties shall comply with the obligations arising out of this Convention in accordance with the principles of sovereign equality and territorial integrity of States and non-interference in the internal affairs of other States.

2. A State Party shall not exercise in the territory of another State Party jurisdiction or functions reserved exclusively to the authorities of that other State party to its domestic law.

ARTICLE 4. LEGISLATIVE MEASURES. 1. States Parties which have not yet done so shall take the legislative or other measures necessary to criminalize the illicit manufacture and trafficking of firearms, ammunition, explosives and other weapons, in their domestic law. other related materials.

2. Subject to the respective constitutional principles and fundamental concepts of the legal systems of the States Parties, the offences established in accordance with the preceding paragraph shall include the participation in the commission of any of the such offences, association and conspiracy to commit them, attempt to commit them and assistance, incitement, facilitation or counselling in relation to their commission.

ARTICLE 5o. COMPETITION. 1. Each State Party shall take the necessary measures to declare itself competent in respect of the offences which it has established in accordance with this Convention when the offence is committed in its territory.

2. Each State party may take the necessary measures to declare itself competent in respect of the offences which it has established in accordance with this Convention where the offence is committed by one of its nationals or by a person who has habitual residence on its territory.

3. Each State party shall take the necessary measures to declare itself competent in respect of the offences which it has established in accordance with this Convention when the alleged offender is in its territory and does not extradite him to another for 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 6o. FIREARMS MARKING. 1. For the purposes of the identification and tracing of firearms referred to in Article 1.3.a, States Parties shall:

a) Require that the manufacturer's name, place of manufacture, and serial number be properly marked when manufactured;

b) Require proper marking on imported firearms in such a way as to identify the name and address of the importer, and

(c) Require proper marking of any firearm confiscated or seized in accordance with Article 7.1 to be used for official use.

2. The firearms referred to in Article 1.3.b) shall be marked in an appropriate manner at the time of their manufacture, if possible.

ARTICLE 7o. CONFISCATION OR FORFEITURE. 1. States Parties undertake to confiscate or confiscate firearms, ammunition, explosives and other related materials that have been the subject of illicit manufacture or trafficking.

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 seized as a result of their manufacture or traffic do not arrive at the hands of individuals or trade through the auction, sale or other means.

ARTICLE 8o. SECURITY MEASURES. States Parties, for the purpose of eliminating losses or deviations, undertake to take the necessary measures to ensure the safety of firearms, ammunition, explosives and other related materials. are imported, exported or in transit in their respective territories.

ARTICLE 9o. AUTHORISATIONS OR LICENCES FOR EXPORT, IMPORT AND TRANSIT. 1. The States Parties shall establish or maintain an effective system of export, import and transit licences or authorizations for transfers of arms fire, 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 has issued the appropriate licence or authorisation.

3. The States Parties, before authorising shipments of firearms, ammunition, explosives and other related materials for export, shall ensure that the importing and transit countries have granted the licences or authorizations. required.

4. The importing State Party shall inform the exporting State Party requesting it of the receipt of shipments of firearms, ammunition, explosives and other related materials.

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

ARTICLE 11. MAINTENANCE OF INFORMATION. States Parties shall maintain, for a reasonable period of time, the information necessary to enable the tracing and identification of firearms which have been unlawfully manufactured or trafficked, to enable them to comply with the obligations stipulated in Article 13 and 17.

ARTICLE 12. CONFIDENTIALITY. Subject to the obligations imposed by its Constitutions or by any international agreement, the States Parties shall ensure the confidentiality of any information they receive at the request of the State Party. supply the information. If, for legal reasons, such confidentiality cannot be maintained, the State Party providing the information shall be notified prior to its disclosure.

ARTICLE 13. INFORMATION EXCHANGE. 1. The States Parties shall exchange each other, in accordance with their respective domestic legislation and the applicable treaties, with relevant information on such matters as:

(a) Producers, traders, importers, exporters and, where possible, authorized carriers of firearms, ammunition, explosives and other related materials;

b) The means used to conceal the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials and the ways to detect them;

c) Routes commonly used by criminal organizations involved in the illicit trafficking of firearms, ammunition, explosives, and other related materials;

(d) Experiences, practices and legislative measures to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials, and

e) Techniques, practices, and anti-money laundering legislation related to the illicit manufacture and trafficking of firearms, ammunition, explosives, and other related materials.

2. States Parties shall provide and exchange, as appropriate, relevant scientific and technological information to enforce the law and improve the capacity of each to prevent, detect and investigate illicit manufacturing and trafficking. of firearms, ammunition, explosives and other related materials and to criminally prosecute those responsible.

3. States Parties shall cooperate in the tracing of firearms, ammunition, explosives and other related materials that may have been illegally manufactured or trafficked. Such cooperation shall include giving prompt and precise response to requests for tracing.

ARTICLE 14. COOPERATION. 1. The States Parties shall cooperate on a bilateral, regional and international level to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials.

2. States Parties shall identify a national entity or a single point of contact acting as a liaison between the States Parties, as well as between them and the Advisory Committee set out in Article 20, for cooperation and exchange of information.

ARTICLE 15. EXCHANGE OF EXPERIENCES AND TRAINING. 1. The States Parties shall cooperate in the formulation of exchange of experience and training programmes between competent officials and shall cooperate with each other in order to facilitate access to equipment or technology which has proved to be effective in the implementation of this Convention.

2. The States Parties shall cooperate with each other and with the relevant international bodies, as appropriate, to ensure that adequate training exists in their territories to prevent, combat and eradicate illicit manufacturing and trafficking. 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, in particular the identification of those responsible for illicit manufacturing and trafficking and methods of transport and techniques for the concealment of firearms, ammunition, explosives and other related materials, and

c) Improving the efficiency of personnel responsible for the search and detection, in conventional and non-conventional points of entry and exit, of firearms, ammunition, explosives and other related materials trafficked illicitly.

ARTICLE 16. TECHNICAL ASSISTANCE. The States Parties shall cooperate with each other and with the relevant international bodies, as appropriate, in order to ensure that those States Parties which so request receive the necessary technical assistance to strengthen their capacity to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials, including technical assistance on the issues identified in the article 25.2.

ARTICLE 17. MUTUAL LEGAL ASSISTANCE. 1. The States Parties shall provide the most extensive mutual legal assistance, in accordance with their applicable laws and treaties, in a timely and accurate manner and in response to requests from the authorities which, according to their internal law, have powers for the investigation or prosecution of the illicit activities described in this Convention, in order to obtain evidence and take other measures necessary to facilitate the procedures and actions concerning to such research or processing.

2. For the purposes of mutual legal assistance provided for in this Article, each State party may designate a central authority or may call upon central authorities as provided for in the relevant treaties or other agreements. The central authorities shall be responsible for formulating and receiving requests for assistance under this Article, and shall communicate directly to each other for the purposes of this Article.

ARTICLE 18. SUPERVISED DELIVERY. 1. Where their respective internal legal systems so permit, the States Parties shall take the necessary measures, within their means, in order to enable the delivery technique to be used in an appropriate manner at international level. monitored, in accordance with mutually agreed arrangements or arrangements, in order to discover the persons involved in offences referred to in Article 4or to take legal action against them.

2. The decisions of the States parties to use the supervised delivery shall be taken on a case-by-case basis and may, where necessary, take into account financial arrangements and those relating to the exercise of their competence by the States concerned.

3. With the consent of the States Parties concerned, illicit remittances subject to supervised delivery may be intercepted and authorised to continue intact or have been withdrawn or completely or partially replaced by firearms, ammunition, explosives and other related materials.

ARTICLE 19. EXTRADITION. 1. This Article shall apply to the offences referred to in Article 4or to this Convention.

2. Each of the offences to which this Article applies shall be deemed to be included among the offences that result in extradition in any extradition treaty in force between the States Parties. The States Parties undertake to include such crimes as extradition cases in any extradition treaty that they agree with each other.

3. If a State party that makes extradition conditional upon the existence of a treaty receives an extradition request from another State party, which does not bind it any extradition treaty, it may consider this Convention as the legal basis of extradition in respect of the offences to which this Article applies.

4. States Parties which do not make extradition subject to the existence of a treaty shall recognise the offences to which this Article applies as cases of extradition between them.

5. Extradition shall be subject to the conditions laid down by the law of the requested State Party or by the applicable extradition treaties, including the grounds on which extradition may be refused.

6. If the extradition requested for a crime to which this Article applies is refused on the grounds only of the nationality of the person who is the subject of the application, the requested State Party shall present the case to its competent authorities for its prosecution according to the criteria, laws and procedures applicable by the requested State to those crimes when committed in its territory.

The requested State Party and the requesting State Party may, in accordance with their national laws, agree otherwise with respect to any prosecution referred to in this paragraph.

ARTICLE 20. ESTABLISHMENT AND FUNCTIONS OF THE ADVISORY COMMITTEE. 1. In order to achieve the objectives of this Convention, the States Parties shall establish an Advisory Committee in charge of:

a) Promote the exchange of information referred to in this Convention;

b) Facilitate the exchange of information on national legislations and administrative procedures of the States Parties;

(c) Encourage cooperation among national liaison agencies to detect illicit exports and imports of firearms, ammunition, explosives and other related materials;

d) Promote training, exchange of knowledge and experience among States Parties, technical assistance between them and relevant international organizations, as well as academic studies;

e) To request other States not Parties, where appropriate, information on the illicit manufacture and trafficking of firearms, ammunition, explosives, and other related materials, and

f) Promote measures to facilitate the implementation of this Convention.

2. The decisions of the Advisory Committee shall be of a recommended nature.

3. The Advisory Committee shall maintain the confidentiality of any information it receives in the performance of its duties, if so requested.

ARTICLE 21. STRUCTURE AND MEETINGS OF THE ADVISORY COMMITTEE. 1. The Advisory Committee shall be composed of one representative from each State Party.

2. The Advisory Committee shall hold an annual regular meeting and any extraordinary meetings necessary.

3. The first regular meeting of the Advisory Committee shall be held within 90 days of 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 the seat.

4. The meetings of the Advisory Committee shall be held at the place agreed by the States Parties at the previous regular meeting. In the absence of an offer of its seat, the Advisory Committee shall meet at the headquarters of the General Secretariat of the Organization of American States.

5. The host State party to each regular meeting shall exercise the pro tempore Secretariat of the Advisory Committee until the next regular meeting. When the ordinary meeting is held at the headquarters of the General Secretariat of the Organization of American States, the State Party shall be elected to the General Secretariat of the Organization of American States.

6. In consultation with the States Parties, the pro tempore Secretariat shall be responsible for the following tasks:

a) Convocation the ordinary and extraordinary meetings of the Advisory Committee;

b) Develop the meeting topic project, and

c) Prepare report projects and meeting minutes.

7. The Advisory Committee shall draw up its rules of procedure and adopt it by an absolute majority.

ARTICLE 22. FIRST. This Convention is open to the signature of the 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 at the time of its adoption, sign or ratify it, provided that they are not incompatible with the purpose and purposes of the Convention and deal with one or more provisions. specific.

ARTICLE 25. ENTRY INTO FORCE. This Convention shall enter into force on the 30th day from the date on which the second instrument of ratification has been deposited. For each State ratifying the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the 30th day from the date on which the State has deposited its instrument of ratification.

ARTICLE 26. COMPLAINT. 1. This Convention shall be governed indefinitely, but may be denounced by any of the States Parties. 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 have effect for the reporting State and shall remain in force for the other States Parties.

2. The complaint shall not affect the requests for information or assistance made during the duration of the Convention for the reporting State.

ARTICLE 27. OTHER AGREEMENTS OR PRACTICES. 1. None of the rules of this Convention shall be interpreted as preventing States Parties from providing reciprocal cooperation under the provisions of other international, bilateral or multilateral agreements, in force or to be concluded between them, or any other applicable agreement or practice.

2. The States Parties may adopt more stringent measures than those provided for in this Convention if, in their view, such measures are appropriate to prevent, combat and eradicate the illicit manufacture and trafficking of firearms, ammunition, explosives and other related materials.

ARTICLE 28. CONFERENCE OF THE STATES PARTIES. Five years after the entry into force of this Convention, the depositary shall convene a conference of the States Parties to examine the operation and implementation of this Convention.

Each conference will decide the date on which the next one will be held.

ARTICLE 29. DISPUTE SETTLEMENT. Any disputes that may arise in connection with the application or interpretation of the Convention shall be resolved by diplomatic means or, failing that, by any other means of peaceful settlement which may be agreed upon by the Convention. States parties involved.

ARTICLE 30. DEPOSIT. The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send copies certified text for registration and publication to the Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations. The General Secretariat of the Organization of American States shall notify the Member States of that organization of the signatures, the deposit of instruments of ratification and denunciation, as well as the reserves that it has,

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken of the certified text of the "Inter-American Convention against the Illicit Manufacturing and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials," adopted in Washington, D. C., the fourteen (14) of November of a thousand nine hundred and ninety-seven (1997).

Dada en Santa Fe de Bogotá, D. C., at thirty (30) days of the month of July of a thousand nine hundred and ninety-eight (1998).

HECTOR ADOLFO SYNTURA VARELA

the Head Legal Office

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

(Fdo.) CAMILO REYES RODRIGUEZ

The Foreign Minister

DECRETA:

ARTICLE 1o. Approve the "Inter-American Convention against the Illicit Manufacturing and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials," adopted in Washington, D. C., the fourteen (14) of November of a thousand nine hundred and ninety-seven (1997).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a.  1944, the "Inter-American Convention against the Illicit Manufacturing and Trafficking of Firearms, Ammunition, Explosives and Other Related Materials", adopted in Washington, D. C., on the fourteen (14) November of one thousand nine hundred and ninety-seven (1997), as referred to in Article 1. of this law is approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This law applies as of the date of its publication.

MIGUEL PINEDO VIDAL

The President of the honorable Senate of the Republic

MANUEL ENRIQUEZ ROSERO

The Secretary General of the honorable Senate of the Republic

ARMANDO POMARICO RAMOS

The President of the honourable House of Representatives

GUSTAVO BUSTAMANTE MORATTO

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

COMMUNICATE AND PUBLISH

Dada en Santa Fe de Bogotá, D. C., at 15 December 1999

ANDRES PASTRANA ARANGO

GUILLERMO FERNANDEZ DE SOTO

The Foreign Minister

LUIS FERNANDO RAMIREZ ACUNA

The Minister of National Defense