(1) This Protocol supplements the United Nations Convention against Transnational Organized Crime. It is interpreted in conjunction with the Convention.

(2) The provisions of the Convention shall apply mutatis mutandis to this Protocol, unless otherwise provided for in the said Protocol.

(3) Offences established in accordance with s. 5 of this Protocol shall be regarded as offences established in accordance with the Convention.

The purpose of this Protocol is to promote, facilitate and enhance cooperation among States Parties with a view to preventing, combating and eradicating the illicit manufacture and trafficking of firearms, their parts, components and Ammunition.

For the purposes of this Protocol:

(a)

The term "firearm" means a portable gun that propel seals, a bullet or a projectile by the action of an explosive, or is designed to do so or can be easily converted for that purpose, excluding firearms Old or their replicas. Old firearms and their replicas are defined in accordance with domestic law. However, antique firearms do not in any way include firearms manufactured after 1899.

(b)

The expression "parts and elements" means any replacement element or element specifically designed for a firearm and is essential to its operation, including the barrel, the frame or the breech box, the rail or the barrel, the Mobile breech or breech block, as well as any device designed or adapted to mitigate the noise caused by a gunshot.

(c)

The term "ammunition" means the whole of the cartridge or its components, including the cases, primers, propellants, bullets or projectiles, used in a firearm, provided that the said elements are themselves subject to Authorisation in the State Party concerned.

(d)

The term "illicit manufacture" means the manufacture or assembly of firearms, their parts and components or ammunition:

(i)

From parts and items that have been the subject of illicit traffic;

(ii)

Without a licence or authorization from a competent authority of the State Party in which the manufacture or assembly takes place; or

(iii)

Without marking firearms at the time of manufacture in accordance with s. 8 of this Protocol;

Licences or authorizations to manufacture parts and elements shall be issued in accordance with domestic law.

(e)

The term "illicit traffic" means the import, export, acquisition, sale, delivery, transport or transfer of firearms, their parts, components and ammunition from or through the territory of a State Party To the territory of another State Party if one of the States Parties concerned does not authorise it in accordance with the provisions of this Protocol or if the firearms are not marked in accordance with Art. 8 of this Protocol.

(f)

The term "tracing" refers to the systematic monitoring of the route of firearms and, if possible, their parts, elements and ammunition from the manufacturer to the buyer with a view to assisting the competent authorities of the States Parties to detect and analyse the Illicit manufacturing and trafficking and conducting investigations.

(1) This Protocol shall apply, unless otherwise provided, to the prevention of the illicit manufacture and trafficking of firearms, their parts, components and ammunition, and to the investigation and prosecution of offences established in accordance with Art. 5 of the said Protocol, where such offences are transnational in nature and an organised criminal group is involved.

(2) This Protocol shall not apply to transactions between States or transfers of State in cases where its application infrings the right of a State Party to take, in the interest of national security, measures compatible with The United Nations Charter.

(1) Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences where the acts were committed intentionally:

(a)

The illicit manufacture of firearms, their parts, components and ammunition;

(b)

Illicit trafficking in firearms, their parts, components and ammunition;

(c)

Forgery or erasure, the unlawful removal or alteration of the mark (s) required to be carried by a firearm under s. 8 of this Protocol.

(2) Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

(a)

Subject to the fundamental concepts of its legal system, in an attempt to commit an offence established in accordance with subs. 1 of this article or to become an accomplice; and

(b)

Organizing, directing, facilitating, encouraging or promoting by means of assistance or advice, the commission of an offence established in accordance with s. 1 of this article.

(1) Without prejudice to s. 12 of the Convention, States Parties shall, as far as possible within the framework of their national legal systems, adopt the measures necessary to enable the confiscation of firearms, their parts, components and ammunition that have made The object of illicit manufacturing or trafficking.

(2) States Parties shall adopt, within the framework of their national legal systems, the measures necessary to prevent the use of firearms, their parts, components and ammunition that have been the subject of illicit manufacture and trafficking In the hands of unauthorized persons by seizing and destroying such weapons, their parts, components and ammunition unless another measure of disposition has been officially authorized, provided that such weapons have been marked and Methods of disposal of such weapons and ammunition have been recorded.

Each State Party shall maintain, for at least ten years, information on firearms and, where applicable and where possible, on their parts, components and ammunition, which are necessary for the tracing and identification of Those of such firearms and, where applicable and where possible, their parts, components and ammunition which are the subject of illicit manufacture or trafficking, as well as to prevent and detect such activities. This information is as follows:

(a)

Appropriate marks required under s. 8 of this Protocol;

(b)

In the case of international transactions involving firearms, their parts, components and ammunition, the dates of the issuance and expiry of the relevant licences or authorizations, the country of export, the country of import, the countries of transit, Where applicable, and the final consignee as well as the description and quantity of the items.

(1) For the purposes of identifying and tracing each firearm, the States Parties shall:

(a)

At the time of manufacture of each firearm, either require a single marking indicating the name of the manufacturer, country or place of manufacture and the serial number, or retain any other single and easy-to-use marking with symbols Simple geometries combined with a numeric and/or alphanumeric code, allowing all states to easily identify the country of manufacture;

(b)

Require a simple proper marking on each imported firearm, identifying the importing country and, where possible, the year of importation and making possible the tracing of the firearm by the competent authorities of that country, as well as Single mark, if the firearm does not bear such a mark. The conditions set out in this paragraph shall not be applied to temporary importations of firearms for lawful lawful purposes;

(c)

Ensure, at the time of the transfer of a firearm from the State's stocks for permanent civil use, the appropriate single mark enabling all States Parties to identify the country of transfer.

(2) States Parties shall encourage the firearms industry to design measures that prevent the removal or alteration of marks.

A State Party which, in its domestic law, does not consider a firearm to be neutralized as a firearm shall take the necessary measures, including the establishment of specific offences, if any, to prevent the unlawful reactivation of the firearm Neutralized firearms, in accordance with the following general circumvention principles:

(a)

Make permanently unusable and impossible to remove, replace or modify for any reactivation, all essential parts of a neutralized firearm;

(b)

Make arrangements for, where appropriate, the verification of circumvention measures by a competent authority to ensure that the modifications made to a firearm render it permanently unusable;

(c)

Provide for the verification by the competent authority of the issuing of a certificate or document attesting to the circumvention of the firearm, or the application to that effect on the firearm of a clearly visible mark.

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

(2) Before issuing export permits or authorizations for consignments of firearms, their parts, components and ammunition, each State Party shall verify that:

(a)

The importing States have issued import licences or authorizations; and

(b)

States of transit have at least notified in writing, before dispatch, that they do not oppose transit, without prejudice to bilateral and multilateral agreements or arrangements in favour of landlocked States.

(3) The export and import permit or authorization and accompanying documentation shall contain information which, at a minimum, includes the place and date of issue, the date of expiry, the country of export, the country Imports, the final consignee, the designation of the firearms, their parts, elements and ammunition and their quantity and, in the case of transit, the countries of transit. The information contained in the import permit must be provided in advance to the transit states.

(4) The State Party shall inform the exporting State Party, on its request, of the receipt of the consignments of firearms, their parts and components or ammunition.

(5) Each State Party shall take, within the limits of its means, the measures necessary to ensure that the procedures for the granting of licences or authorisations are safe and that the authenticity of licences or authorisations can be verified or Committed.

(6) States Parties may adopt simplified procedures for the temporary importation and exportation and for the transit of firearms, their parts, components and ammunition, for verifiable legal purposes such as hunting, sports shooting, Expertise, exposure or repair.

In order to detect, prevent and eliminate thefts, losses or diversions, as well as the illicit manufacture and trafficking of firearms, their parts, elements and ammunition, each State Party shall take appropriate measures:

(a)

To require the safety of firearms, their parts, components and ammunition at the time of manufacture, import, export and transit through its territory; and

(b)

To increase the effectiveness of import, export and transit controls, including, where appropriate, border controls, as well as the effectiveness of cross-border cooperation between police and customs services.

(1) Without prejudice to s. 27 and 28 of the Convention, the States Parties shall exchange, in accordance with their respective legal and administrative systems, relevant information, in each case, relating in particular to manufacturers, traders, importers, Exporters and, wherever possible, authorized carriers of firearms, their parts, components and ammunition.

(2) Without prejudice to s. 27 and 28 of the Convention, the States Parties shall exchange, in accordance with their respective legal and administrative systems, relevant information concerning in particular:

(a)

Organized crime groups known or suspected to be involved in the illicit manufacturing or trafficking of firearms, their parts, components and ammunition;

(b)

The means of concealtion used in the illicit manufacture or trafficking of firearms, their parts, components and ammunition and the means of detecting them;

(c)

The methods and means, the shipping and destination points and the routes normally used by organized criminal groups engaged in the illicit trafficking of firearms, their parts, components and ammunition; and

(d)

Legislative experience and practices and measures to prevent, combat and eradicate the illicit manufacturing and trafficking of firearms, their parts, components and ammunition.

(3) States Parties shall communicate or exchange, as appropriate, relevant scientific and technological information relevant to law enforcement and law enforcement agencies with a view to mutually reinforcing their capacity to prevent and To detect the illicit manufacture and trafficking of firearms, their parts, components and ammunition, to conduct investigations and to prosecute those involved in such illicit activities.

(4) States Parties shall cooperate in the tracing of firearms, their parts, components and ammunition that may have been the subject of illicit manufacture or trafficking and shall promptly, within their means, respond to requests for assistance in This domain.

(5) Subject to the fundamental concepts of its legal system or international agreements, each State Party, which receives from another State Party, in accordance with this Article, information, including exclusive information Concerning commercial transactions, guarantees their confidentiality and respects any restrictions to their use if requested by the State Party providing them. If such confidentiality cannot be assured, the State Party providing the information shall be notified before the information is disclosed.

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

(2) Without prejudice to s. 13 of Art. 18 of the Convention, each State Party shall designate a national body or a single point of contact to liaise with other States Parties on matters relating to this Protocol.

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

States Parties shall cooperate with each other and with the relevant international organizations, as appropriate, in order to receive, upon request, the necessary training and technical assistance to improve their capacity to prevent, Combat and eradicate the illicit manufacturing and trafficking of firearms, their parts, components and ammunition, including technical, financial and material assistance for the matters referred to in art. 29 and 30 of the Convention.

(1) In order to prevent and combat the illicit manufacture and trafficking of firearms, their parts, components and ammunition, States Parties that have not yet done so are planning to establish a system for regulating the activities of those Practice brokering. Such a system could include one or more measures such as:

(a)

The requirement for registration of brokers operating in their territory;

(b)

The requirement of a brokerage licence or authorization; or

(c)

The requirement for the indication of the import and export licences or authorizations, or the accompanying documents, the name and location of the brokers involved in the transaction.

(2) States Parties which have established a system of authorisations for brokering, as set out in par. 1 of this article are encouraged to provide information on brokers and brokering when exchanging information under s. 12 of this Protocol and to retain information relating to brokers and brokering in accordance with s. 7 of this Protocol.

(1) States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol by negotiation.

(2) Any dispute between two or more States Parties concerning the interpretation or application of this Protocol which cannot be settled by negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to Arbitration. If, within six months of the date of the request for arbitration, the States Parties cannot agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice in A request in accordance with the Statute of the Court.

(3) Each State Party may, at the time of signature, ratification, acceptance or approval of this Protocol or accession to this Protocol, declare that it does not consider itself bound by s. 2 of this article. The other States Parties shall not be bound by s. 2 of this Article to any State Party having issued such a reservation.

(4) Any State Party that has issued a reservation under s. 3 of this article may withdraw it at any time by sending a notification to the Secretary-General of the United Nations.

(1) This Protocol shall be open for signature by all States at United Nations Headquarters in New York, as from the thirtieth day following its adoption by the General Assembly and until 12 December 2002.

(2) This Protocol shall also be open for signature by regional economic integration organizations on the condition that at least one member State of such an organization has signed this Protocol in accordance with s. 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. A regional economic integration organization may deposit its instruments of ratification, acceptance or approval if at least one of its member states has done so. In this instrument of ratification, acceptance or approval, this Organization shall declare the extent of its competence in matters governed by this Protocol. It shall also inform the depositary of any relevant changes in the scope of its competence.

(4) This Protocol shall be open for accession by any State or any regional economic integration organization of which at least one Member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of accession, a regional economic integration organization shall declare the extent of its competence in matters governed by this Protocol. It shall also inform the depositary of any relevant changes in the scope of its competence.

(1) This Protocol shall enter into force on the non-fortieth day following the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, on the understanding that it will not enter into force before the Convention enters into force Itself in force. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered as an instrument in addition to the instruments already deposited by the member States of that organization.

(2) For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth relevant instrument, this Protocol shall enter into force on the thirtieth day According to the date of deposit of the relevant instrument by that State or organization or on the date on which it enters into force pursuant to s. 1 of this article, if the article is later.

(1) At the expiration of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations. The latter shall then communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the consideration of the proposal and the adoption of a decision. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to reach a consensus on any amendment. If all efforts to that effect have been exhausted without agreement, it will be necessary, as a last resort, for the amendment to be adopted, a vote by a two-thirds majority of the States Parties to this Protocol present at the Conference of Parties and expressing their vote.

(2) Regional economic integration organizations shall have, in order to exercise, under this Article, their right to vote in matters falling within their competence, with a number of votes equal to the number of their member States Parties to the Protocol. They shall not exercise their right to vote if their member states exercise theirs, and vice versa.

(3) An amendment adopted in accordance with paragraph 1. 1 of this Article shall be subject to ratification, acceptance or approval by the States Parties.

(4) An amendment adopted in accordance with paragraph 1. 1 of this Article shall enter into force for a State Party 90 days after the date of deposit by that State Party to the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of that State Party Amendment.

(5) An amendment entered into force shall be binding on the States Parties which have expressed their consent to be bound by it. The other States Parties shall remain bound by the provisions of this Protocol and any earlier amendments which they have ratified, accepted or approved.

(1) A State Party may denounce this Protocol by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

(2) A regional economic integration organization shall cease to be a Party to this Protocol when all its member States have denounced it.

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

(2) The original of this Protocol, of which 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 whereof, The undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Protocol.

(Suivent signatures)