ISRAEL. Annual Report on the Implementation of UN Programme of Action on SALW- June 2004
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1 ISRAEL Annual Report on the Implementation of UN Programme of Action on SALW- June 2004 General Israel views the illicit trade in SALW, in all its aspects, and their misuse as an imminent threat to security and stability, which effects mainly civilian populations and societies. It exacerbates internal conflicts and human suffering and prevents the creation of a peaceful environment, which is an essential element for reconstruction and rehabilitation activities in affected countries. Israel has consistently placed the issue of preventing illicit proliferation in SALW, high on its national agenda. We also strongly believe that harmonized cooperation and coordination at the global, regional, sub-regional and bilateral levels will enhance the ongoing international efforts to prevent proliferation and combat terrorism. The phenomenon of illicit trade in SALW is closely connected to terrorism and drug trafficking, thus increasing the number of casualties among civilians. It is our strong view that the global campaign against terrorism and illicit trade in SALW must begin first and foremost at the national level. It can only succeed if every state makes a sincere commitment, to prevent the transfer of SALW to terrorists and other non state actors, on its own soil, as well as, across its territory and borders. For its part, Israel has acted over the years to curb illicit trafficking in SALW through enforcement of its legislation and regulations. Israel s policy regarding the eradication of illicit trafficking in SALW includes also the control of components, ammunition and related technical know-how. Israeli law and regulations encompasses all aspects of the fire-arms trade export, related negotiations and brokering, production, licensing, marking and registration and is effectively enforced. In this regard, Israel's SALW export control policy includes tight controls aimed, inter alia, at the prohibition of exports to regions or States under UN Security Council arms sales embargo, non-states entities, subversive and underground movements, terrorist or guerrilla groups, criminal organizations or areas of ongoing internal armed conflict. Moreover, Israel's export control regulations concerning export of SALW obligate the exporter, the agent or the representative of a defense industry to apply for specific licenses. The licensing process includes two separate licenses one for the negotiation phase and the second for the actual export. An end use/user certificate is required, where appropriate. These licenses are valid for one year only. 1
2 Israel welcomes the UN Programme of Action adopted at the UN Conference on Illicit Trade in Small Arms Light Weapons, and hopes that it will prove to be a significant step forward in enhancing international cooperation in the field of non-proliferation in conventional arms. Just as it has played an active role in the past, Israel is willing to contribute to the work being done in this important field on a bilateral and multilateral levels. Israel wishes to submit its national report on the implementation of the UN Programme of Action on SALW for the year
3 The Report The following report updates and supplements Israel's July 2003 report to the UN. The previous report provided a comprehensive overview of Israel's legislation, law enforcement, export controls, public awareness and other important areas of SALW in all its aspects. Therefore, this report will focus mainly on the additional activities and developments on the subject of SALW in Israel on the national, regional and international levels. I. NATIONAL LEVEL 1. As stated in our report of July 2003, the Israel s Ministry of Interior (MOI) is the competent authority for licensing, controlling and regulating the civilian possession of fire arms. Under the Firearms Act of 1949, the MOI is authorized by the Government of Israel to issue license for private possession of fire arms for self defense, sports and hunting. Private ownership is limited to pistols with a caliber of up to 0.45 mm. 2. In 1996, after reviewing the criteria for private ownership of fire arms, the MOI issued new criteria and regulations for private ownership. These new criteria include, for example, a prohibition on private collection of fire arms. A private license has to be renewed every three years and is subject to a health examination and personal legal record. The renewal of the license is also subject to a participation in a specific handling and safety procedures training. Each licensed person is allowed to hold a limited quota of ammunition (no more than 50 bullets for a revolver). In addition to that, a consolidated computerized database was established to provide a clear and accurate data on the private ownership of firearms. This database includes both, Health Authority and Police data, concerning all private fire arms owners. The data base is regularly updated. Failure to renew a license would immediately appear in the police computer and is subject to criminal sanctions. 3. All fire arms in the private sector are marked and recorded under close supervision of the Ministry of Interior. An Israeli citizen cannot purchase a firearm other than through an authorized arms agent/dealer. A private license relates only to a specific fire arm. There is no general license that allows for the possession of several fire arms but rather a license which is specific to a specific firearm. This way Israeli authority has a possibility to trace licensed private firearms. 3
4 4. Unfortunately, there were also a few occasions, where several SALW were stolen from an un-sufficiently secured storages, which are now under intense investigation by our competitive authorities, some of which were already solved and severely prosecuted. In most of the cases they were sold in exchange of drugs but found their way to an end user who was one of the terrorist organizations active in the region. In this regard, Israel exerts many of its law enforcement resources to curb the phenomena. 5. Israel, in its campaign against illicit trafficking of SALW endeavors to counter smuggling of arms to terrorists and other non state actors, by states sponsoring them. The fight against them includes interdicting illicit transshipments and cutting the financial aid, diverted from humanitarian purposes to illegally acquiring SALW for unlawful use. 6. Israeli authorities ensure destruction of non-standard and improvised SALW that were confiscated, seized or collected during and after an armed conflict or in the course of counter-terrorism operations. The destruction of these SALW is conducted at installations specifically designed for this purpose, operating pursuant to accepted procedures and standards for its disposal. Seized and confiscated SALW if intended to be re-used by the armed forces, will be checked, marked and recorded in the same manner as a new weapon. 7. Israel MFA and MOD assigned representatives, from their respective Arms Control Departments, as POCs (Mr. Meir Itzchaki - meiri@mfa.gov.il; Mr. Aharon Shahar - ashahar@mod.gov.il) to liase and coordinate the implementation of the PA on SALW with other states. II. The current security situation with respect to illicit SALW 1. In light of the current security situation and the imminent threat faced by Israel from the terror activities on a daily basis Israel has spared no efforts to combat and prevent terrorist organizations from acquiring SALW, especially MANPADS - (the kind of MANPADS fired against Israeli airliner in Mombassa)., mines and improvised explosive devices, ammunition and explosives. These arms are being used by all terror organizations in our region to launch attacks targeting indiscriminately and intentionally innocent civilians. 2. There are daily attempts to smuggle SALW by land, along our borders through underground tunnels and on the surface. More than 90 underground tunnels in Rafah and another places across the border between Israel and Egypt were discovered and demolished by the IDF till now. 4
5 3. Terrorist organizations such as the The Hamas, The Popular Front for the Liberation of Palestine (PFLP) and the Islamic Jihad have taken advantage of the geographic conditions in the Rafah area to arm its members throughout the Gaza Strip. This effort is supported by senior Hamas members and terrorist organizations in various countries which transport weapons throughout the Gaza Strip via the Rafah tunnels. These weapons have been used eventually to carry out hostile terrorist activity against Israeli civilians and IDF forces in the area. 4. Attempts to smuggle SALW and other arms were made also through the sea lines mainly by Hezbollah terror organization and states sponsoring it, while using intentionally yachts/ships/coasters camouflaged as an innocent merchant or recreation vessels. For example vessels such as the "Karin A and "Santorini". III. REGIONAL LEVEL Israel continued its cooperation and coordination with neighboring countries, with which it has peaceful relations, in preventing the illicit trafficking of SALW. It was done inter alia by increasing the preparedness and the equipment of the law enforcement personnel at the border crossings, including better lines of communications and exchange of relevant information between the appropriate authorities. It is evident that such cooperation proves itself efficient in reducing SALW trafficking and the probability of these weapons falling into the hands of terrorist groups that use them mainly against the innocent civilian population. IV. INTERNATIONAL LEVEL 1. Israel, participated in the multilateral negotiations that adopted the UN Program of Action on SALW in all its aspects and in the 2003 Governmental Experts Group that reviewed the UN Register on Conventional arms. Israel supported the outcome of these international instruments and is acting to implement their recommendations. For example, we supported the understanding that, by lowering artillery caliber to 75 mm, adding a focus on MANPADS as well as opening the register to voluntary report on SALW, gives to this problem the right prominence and importance, reviving the significance of the Register and its regional and sub-regional relevance. 5
6 2. Israel submitted its annual report to the amended UN Register for the conventional weapons, adding information on criteria 3 and 7 of the register (Light Weapons Artillery and MANPADS). Israel declared that by the end of 2003, it completed the destruction of all its surplus MANPADS. 3. Israel attaches major importance to the efforts made by the international and regional forums and export control regimes to curb the illicit proliferation of MANPADS and their components, thus preventing it from falling in the hands of terrorists. Israel in cooperation with other countries also invests in technological and operational R&D to find the efficient means to protect the civilian aviation from this menace. 4. Moreover, Israel is cooperating and coordinating its activities with several countries and organizations in the global effort to combat organized crime and international terrorism, including, where practically feasible, an exchange of information for tracing illicit SALW and the route of its illegal trade and trafficking. 6
3.1 The specific sections in the Act, which regulate the production of SALW, are as follows:
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