INTER-AMERICAN CONVENTION AGAINST
THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND
OTHER RELATED MATERIALS
THE STATES PARTIES,
AWARE of the urgent need to prevent, combat, and eradicate
the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and
other related materials, due to the harmful effects of these activities on the security of
each state and the region as a whole, endangering 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, in
the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and
other related materials and by the serious problems resulting therefrom;
REAFFIRMING that States Parties give priority to
preventing, combating, and eradicating the illicit manufacturing of and trafficking in
firearms, ammunition, explosives, and other related materials because of the links of such
activities with drug trafficking, terrorism, transnational organized crime, and mercenary
and other criminal activities;
CONCERNED about the illicit manufacture of explosives from
substances and articles that in and of themselves are not explosives--and that are not
addressed by this Convention due to their other lawful uses--for activities related to
drug trafficking, terrorism, transnational organized crime and mercenary and other
criminal activities;
CONSIDERING the urgent need for all states, and especially
those states that produce, export, and import arms, to take the necessary measures to
prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials;
CONVINCED that combating the illicit manufacturing of and
trafficking in firearms, ammunition, explosives, and other related materials calls for
international cooperation, exchange of information, and other appropriate measures at the
national, regional, and international levels, and desiring to set a precedent for the
international community in this regard;
STRESSING the need, in peace processes and post-conflict
situations, to achieve effective control of firearms, ammunition, explosives, and other
related materials in order to prevent their entry into the illicit market;
MINDFUL of the pertinent resolutions of the United Nations
General Assembly on measures to eradicate the illicit transfer of conventional weapons and
on the need for all states to guarantee their security, and of the efforts carried out 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 Weapons and
Explosives Tracking System (IWETS) 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" policy for dealers in, and producers, exporters, and
importers of, firearms, ammunition, explosives, and other related materials is crucial for
combating this scourge;
RECOGNIZING that states have developed different cultural
and historical uses for firearms, and that the purpose of enhancing international
cooperation to eradicate illicit transnational trafficking in firearms is not intended to
discourage or diminish lawful leisure or recreational activities such as travel or tourism
for sport shooting, hunting, and other forms of lawful ownership and use recognized by the
States Parties;
RECALLING that States Parties have their respective
domestic laws and regulations in the areas of firearms, ammunition, explosives, and other
related materials, and recognizing that this Convention does not commit States Parties to
enact legislation or regulations pertaining to firearms ownership, possession, or trade of
a wholly domestic character, and recognizing that States Parties will apply their
respective laws and regulations in a manner consistent with this Convention;
REAFFIRMING the principles of sovereignty,
nonintervention, and the juridical 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 I
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:
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 one State Party to that of
another State Party, if any one of the States Parties concerned does not authorize it.
3. "Firearms":
4. "Ammunition": the complete round or its
components, including cartridge cases, primers, propellant powder, bullets, or projectiles
that are used in any firearm.
5. "Explosives": any substance or article that
is made, manufactured, or used to produce an explosion, detonation, or propulsive or
pyrotechnic effect, except:
6. "Other related materials": any component,
part, or replacement part of a firearm, or an accessory which can be attached to a
firearm.
7. "Controlled delivery": the technique of
allowing illicit or suspect consignments of firearms, ammunition, explosives, and other
related materials to pass out of, through, or into the territory of one or more states,
with the knowledge and under the supervision of their competent authorities, with a view
to identifying persons involved in the commission of offenses referred to in Article IV of
this Convention.
Article II
Purpose
The purpose of this Convention is:
to prevent, combat, and eradicate the illicit
manufacturing of and trafficking in firearms, ammunition, explosives, and other related
materials;
to promote and facilitate cooperation and exchange of
information and experience among States Parties to prevent, combat, and eradicate the
illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other
related materials.
Article III
Sovereignty
1. States Parties shall carry out the obligations under
this Convention in a manner consistent with the principles of sovereign equality and
territorial integrity of states and that of nonintervention in the domestic affairs of
other states.
2. A State Party shall not undertake in the territory of
another State Party the exercise of jurisdiction and performance of functions which are
exclusively reserved to the authorities of that other State Party by its domestic law.
Article IV
Legislative Measures
1. States Parties that have not yet done so shall adopt
the necessary legislative or other measures 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 criminal offenses
established pursuant to the foregoing paragraph shall include participation in,
association or conspiracy to commit, attempts to commit, and aiding, abetting,
facilitating, and counseling the commission of said offenses.
Article V
Jurisdiction
1. Each State Party shall adopt such measures as may be
necessary to establish its jurisdiction over the offenses it has established in accordance
with this Convention when the offense in question is committed in its territory.
2. Each State Party may adopt such measures as may be
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 adopt such measures as may be
necessary to establish its jurisdiction over the offenses it has established in accordance
with this Convention when the alleged criminal is present in its territory and it does not
extradite such person to another country on the ground of the nationality of the alleged
criminal.
4. This Convention does not preclude the application of
any other rule of criminal jurisdiction established by a State Party under its domestic
law.
Article VI
Marking of Firearms
1. For the purposes of identification and tracing of the
firearms referred to in Article I.3.a, States Parties shall:
2. The firearms referred to in Article I.3.b should be
marked appropriately at the time of manufacture, if possible.
Article VII
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 adopt the necessary measures to
ensure that all firearms, ammunition, explosives, and other related materials seized,
confiscated, or forfeited as the result of illicit manufacturing or trafficking do not
fall into the hands of private individuals or businesses through auction, sale, or other
disposal.
Article VIII
Security Measures
States Parties, in an effort to eliminate loss or
diversion, undertake to adopt the necessary measures to ensure the security of firearms,
ammunition, explosives, and other related materials imported into, exported from, or in
transit through their respective territories.
Article IX
Export, Import, and Transit Licenses or Authorizations
1. States Parties shall establish or maintain an effective
system of export, import, and international transit licenses or authorizations 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.
3. States Parties, before releasing shipments of firearms,
ammunition, explosives, and other related materials for export, shall ensure that the
importing and in-transit countries have issued the necessary licenses or authorizations.
4. The importing State Party shall inform the exporting
State Party, upon request, of the receipt of dispatched shipments of firearms, ammunition,
explosives, and other related materials.
Article X
Strengthening of Controls at Export Points
Each State Party shall adopt 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.
Article XI
Recordkeeping
States Parties shall assure the maintenance for a
reasonable time of the information necessary to trace and identify illicitly manufactured
and illicitly trafficked firearms to enable them to comply with their obligations under
Articles XIII and XVII.
Article XII
Confidentiality
Subject to the obligations imposed by their Constitutions
or any international agreements, the States Parties shall guarantee the confidentiality of
any information they receive, if requested to do so by the State Party providing the
information. If for legal reasons such confidentiality cannot be maintained, the State
Party that provided the information shall be notified prior to its disclosure.
Article XIII
Exchange of Information
1. States Parties shall exchange among themselves, in
conformity with their respective domestic laws and applicable treaties, relevant
information on matters such as:
2. States Parties shall provide to and share with each
other, as appropriate, relevant scientific and technological information useful to law
enforcement, so as to enhance one another's ability to prevent, detect, and investigate
the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and
other related materials and prosecute those involved therein.
3. States Parties shall cooperate in the tracing of
firearms, ammunition, explosives, and other related materials which may have been
illicitly manufactured or trafficked. Such cooperation shall include accurate and prompt
responses to trace requests.
Article XIV
Cooperation
1. States Parties shall cooperate at the bilateral,
regional, and international levels to prevent, combat, and eradicate the illicit
manufacturing of and trafficking in firearms, ammunition, explosives, and other related
materials.
2. States Parties shall identify a national body or a
single point of contact to act as liaison among States Parties, as well as between them
and the Consultative Committee established in Article XX, for purposes of cooperation and
information exchange.
Article XV
Exchange of Experience and Training
1. States Parties shall cooperate in formulating programs
for the exchange of experience and training among competent officials, and shall provide
each other assistance that would facilitate their respective access to equipment or
technology proven to be effective for the implementation of this Convention.
2. States Parties shall cooperate with each other and with
competent international organizations, as appropriate, to ensure that there is adequate
training of personnel in their territories to prevent, combat, and eradicate the illicit
manufacturing of and trafficking in firearms, ammunition, explosives, and other related
materials. The subject matters of such training shall include, inter alia:
Article XVI
Technical Assistance
States Parties shall cooperate with each other and with
relevant international organizations, as appropriate, so that States Parties that so
request receive the technical assistance necessary to enhance their ability to prevent,
combat, and eradicate the illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials, including technical assistance in
those matters identified in Article XV.2.
Article XVII
Mutual Legal Assistance
1. States Parties shall afford one another the widest
measure of mutual legal assistance, in conformity with their domestic law and applicable
treaties, by promptly and accurately processing and responding to requests from
authorities which, in accordance with their domestic law, have the power to investigate or
prosecute the illicit activities described in this Convention, in order to obtain evidence
and take other necessary action to facilitate procedures and steps involved in such
investigations or prosecutions.
2. For purposes of mutual legal assistance under this
article, each Party may designate a central authority or may rely upon such central
authorities as are provided for in any relevant treaties or other agreements. The central
authorities shall be responsible for making and receiving requests for mutual legal
assistance under this article, and shall communicate directly with each other for the
purposes of this article.
Article XVIII
Controlled Delivery
1. Should their domestic legal systems so permit, States
Parties shall take the necessary measures, within their possibilities, to allow for the
appropriate use of controlled delivery at the international level, on the basis of
agreements or arrangements mutually consented to, with a view to identifying persons
involved in the offenses referred to in Article IV and to taking legal action against
them.
2. Decisions by States Parties to use controlled delivery
shall be made on a case-by-case basis and may, when necessary, take into consideration
financial arrangements and understandings with respect to 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
with the firearms, ammunition, explosives, and other related materials intact or removed
or replaced in whole or in part.
Article XIX
Extradition
1. This article shall apply to the offenses referred to in
Article IV of this Convention.
2. Each of the offenses to which this article applies
shall be deemed to be included as an extraditable offense in any extradition treaty in
force between or among the States Parties. The States Parties undertake to include such
offenses as extraditable offenses in every extradition treaty to be concluded between or
among 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 it does not have an extradition treaty, it may consider this Convention as the legal
basis for extradition with respect to any offense 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
for by the law of the Requested State or by applicable extradition treaties, including the
grounds on which the Requested State may refuse extradition.
6. If extradition for an offense to which this article
applies is refused solely on the basis of the nationality of the person sought, the
Requested State Party shall submit the case to its competent authorities for the purpose
of prosecution under the criteria, laws, and procedures applied by the Requested State to
those offenses when they are committed in its own territory. The Requested and Requesting
States Parties may, in accordance with their domestic laws, agree otherwise in relation to
any prosecution referred to in this paragraph.
Article XX
Establishment and Functions of the Consultative Committee
1. In order to attain the objectives of this Convention,
the States Parties shall establish a Consultative Committee responsible for:
2. Decisions of the Consultative Committee shall be
recommendatory in nature.
3. The Consultative Committee shall maintain the
confidentiality of any information it receives in the exercise of its functions, if
requested to do so.
Article XXI
Structure and Meetings of the Consultative Committee
1. The Consultative Committee shall consist of one
representative of each State Party.
2. The Consultative Committee shall hold one regular
meeting each year and shall hold special meetings as necessary.
3. The first regular meeting of the Consultative Committee
shall be held within 90 days following deposit of the 10th instrument of ratification of
this Convention. This meeting shall be held at the headquarters of the General Secretariat
of the Organization of American States, unless a State Party has offered to host it.
4. The meetings of the Consultative Committee shall be
held at a place decided upon by the States Parties at the previous regular meeting. If no
offer of a site has been made, the Consultative Committee shall meet at the headquarters
of the General Secretariat of the Organization of American States.
5. The host State Party for each regular meeting shall
serve as Secretariat pro tempore of the Consultative Committee until the next regular
meeting. When a 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 at that meeting.
6. In consultation with the States Parties, the
Secretariat pro tempore shall be responsible for:
7. The Consultative Committee shall prepare its own
internal rules of procedure and shall adopt them by absolute majority.
Article XXII
Signature
This Convention is open for signature by member states of
the Organization of American States.
Article XXIII
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 XXIV
Reservations
States Parties may, at the time of adoption, signature, or
ratification, make reservations to this Convention, provided that said reservations are
not incompatible with the object and purposes of the Convention and that they concern one
or more specific provisions thereof.
Article XXV
Entry into Force
This Convention shall enter into force on the 30th day
following the date of deposit of the second instrument of ratification. 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 following deposit by such state of its
instrument of ratification.
Article XXVI
Denunciation
1. This Convention shall remain in force indefinitely, but
any State Party 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 no longer be in
force for the denouncing State, but shall remain in force for the other States Parties.
2. The denunciation shall not affect any requests for
information or assistance made during the time the Convention is in force for the
denouncing State.
Article XXVII
Other Agreements and Practices
1. No provision in this Convention shall be construed as
preventing the States Parties from engaging in mutual cooperation within the framework of
other existing or future international, bilateral, or multilateral agreements, or of any
other applicable arrangements or practices.
2. States Parties may adopt stricter measures than those
provided for by this Convention if, in their 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 XXVIII
Conference of States Parties
Five years after the entry into force of this Convention,
the depository shall convene a conference of the States Parties to examine the functioning
and application of this Convention. Each conference shall determine the date on which the
next conference should be held.
Article XXIX
Dispute Settlement
Any dispute that may arise as to the application or
interpretation of this Convention shall be resolved through diplomatic channels or,
failing which, by any other means of peaceful settlement decided upon by the States
Parties involved. Article XXX Deposit
The original instrument of this Convention, the English,
French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited
with the General Secretariat of the Organization of American States, which shall forward
an authenticated copy of its text to the Secretariat of the United Nations for
registration and publication, 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 the Organization of the signatures, of the deposits of instruments of
ratification and denunciation, and of any reservations.
ANNEX
The term "explosives" does not include:
compressed gases; flammable liquids; explosive actuated devices, such as air bags and fire
extinguishers; propellant actuated devices, such as nail gun cartridges; consumer
fireworks suitable for use by the public and designed primarily to produce visible or
audible effects by combustion, that contain pyrotechnic compositions and that do not
project or disperse dangerous fragments such as metal, glass, or brittle plastic; toy
plastic or paper caps for toy pistols; toy propellant devices consisting of small paper or
composition tubes or containers containing a small charge or slow burning propellant
powder designed so that they will neither burst nor produce external flame except through
the nozzle on functioning; and smoke candles, smokepots, smoke grenades, smoke signals,
signal flares, hand signal devices, and Very signal cartridges designed to produce visible
effects for signal purposes containing smoke compositions and no bursting charges.
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Sunday, January 27, 2013
INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS
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