1. adopt the principles of the Firearms Protocol to strengthen their controls over the import, export and transit movement of firearms;

Transcription

1 RECOMMENDATION OF THE CUSTOMS CO-OPERATION COUNCIL * CONCERNING THE PROTOCOL AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, THEIR PARTS AND COMPONENTS AND AMMUNITION, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME The Custms C-peratin Cuncil, (29 June 2002) HAVING REGARD t the United Natins Prtcl against the Illicit Manufacturing f and Trafficking in Firearms, Their Parts and Cmpnents and Ammunitin, supplementing the United Natins Cnventin against Transnatinal Organized Crime (hereafter referred t as the Firearms Prtcl) (31 May 2001), ACKNOWLEDGING that effective cntrls n the legitimate mvements f firearms are essential in rder t distinguish illicit mvements, DESIRING that harmnized and effective Custms cntrl prcedures be applied in the prcessing f the imprt, exprt and transit mvement f firearms, NOTING that the legitimate firearms trading cmmunity can assist law enfrcement t enhance cntrls ver firearms, RECOMMENDS that Members f the Cuncil and Members f the United Natins r its specialized agencies, and Custms r Ecnmic Unins, shuld: 1. adpt the principles f the Firearms Prtcl t strengthen their cntrls ver the imprt, exprt and transit mvement f firearms; 2. apply the principles f the Firearms Prtcl t all classes f firearms, their parts and cmpnents and ammunitin (Article 4) ** ; 3. adpt the statistical nmenclature prpsed by the Harmnized System Cmmittee in rder t facilitate the mnitring and cntrl f prducts specified in the Firearms Prtcl (Article 10) ** ; 4. allw fr the ldging and registering r checking f the Gds declaratin and supprting dcuments relating t firearms prir t the imprt, exprt r transit mvement f the gds as well as encurage imprters, exprters r third parties t prvide infrmatin t Custms prir t their shipment (Article 10) ** ** ; 5. verify that the apprpriate authrizatins are available r in place at the time the firearms are presented fr imprt, exprt r transit mvement, t ensure the legitimacy f the shipment (Article 10) ** ; 6. implement, in c-peratin with the authrizing agency, an apprpriate mechanism t verify the authenticity f licensing r authrizatin dcuments fr the imprt, exprt r transit mvements f firearms (Article 10) ** ;

2 7. implement, using risk assessment principles, apprpriate security measures n the imprt, exprt and transit mvement f firearms, such as cnducting security checks n the temprary strage, warehuses and means f transprt carrying firearms, and requiring persns invlved in these peratins t underg security vetting. (Article 11) ** ; 8. cnsider designating specific ffices/sites fr the prcessing f legitimate firearms shipments in rder t enhance cntrl ver their transbrder mvement (Article 11) ** ; 9. deply autmated systems, human resurces, equipment and examinatin facilities as required t thse specific designated ffices/sites t facilitate the prcessing f firearms shipments (Article 11) ** ; 10. enhance cntrls gverning shipments f firearms entering r leaving free znes in rder t reduce the risk f theft r diversin f firearms (Article 11) ** ; 11. intrduce means t braden infrmatin exchanges and increase c-peratin between law enfrcement agencies and prmte the use f specialized systems and techniques under their jurisdictins, such as the Custms Enfrcement Netwrk (Article 12) ** ; 12. prmte the cnclusin f Memranda f Understanding between Custms and legitimate traders, such as manufacturers, dealers, imprters, exprters, brkers and cmmercial carriers f firearms t strengthen cntrls and t increase accuntability (Article 13) ** ; REQUESTS Members f the Cuncil and members f the United Natins Organizatin r its specialized agencies, and Custms r Ecnmic Unins which accept this Recmmendatin, t ntify the Secretary General f the Cuncil f the date frm which they will apply the Recmmendatin and f the cnditins f its applicatin. The Secretary General will transmit this infrmatin t the Custms administratins f all Members f the Cuncil. He will als transmit it t the Custms administratins f the members f the United Natins Organizatin r its specialized agencies and t Custms r Ecnmic Unins that have accepted this Recmmendatin. Purpse EXPLANATORY NOTE FOR MEMBERS OF THE WORLD CUSTOMS ORGANISATION ON THE UNITED NATIONS PROTOCOL AGAINST THE ILLICIT MANUFACTURE OF AND TRAFFICKING IN FIREARMS, THEIR PARTS AND COMPONENTS The purpse f this explanatry nte is t prvide members with backgrund infrmatin and a brief explanatin n (1) the key features f the United Natins Prtcl against the Illicit Manufacture f and Trafficking in Firearms, their Parts and Cmpnents and (2) the WCO Recmmendatin cncerning the Firearms Prtcl. 1. Backgrund t the Firearms Prtcl In December 1998 the United Natins General Assembly established an Ad Hc Cmmittee, fr the purpse f elabrating a cmprehensive internatinal cnventin n transnatinal rganised crime. The purpse f the Cnventin is t prmte c-peratin t prevent and cmbat transnatinal rganised crime mre effectively.

3 T enhance the Cnventin against Transnatinal Organised Crime, the Ad Hc Cmmittee als develped three additinal instruments dealing with particular types f transnatinal crime that are currently billin dllar industries and cmmnly invlve rganised criminal grups. These additinal Prtcls cver: Trafficking in persns, especially wmen and children; Smuggling f migrants by land, sea and air; Illicit manufacturing f and trafficking in firearms, their parts and cmpnents and ammunitin (adpted n 31 May 2001). Grwing prblem f rganised crime Recgnizing that rganised crime is a grwing prblem has led varius Gvernments t take initiatives ver the last decade that target rganised criminal grups. With changes in technlgy and ease f travel, it is nw apparent that there is an increasing transnatinal dimensin t the activities f such grups, which are als becming mre sphisticated in their peratins. Organised criminal grups ften perate as businesses, lking fr "easy" market pprtunities. Many have sphisticated netwrks and, in sme cuntries, are better resurced than enfrcement agencies. Vulnerable cuntries can be easily destabilised by the peratin f criminal grups which, in turn, has a flw-n effect fr ther cuntries, in sme instance, presenting security issues The negtiatins f the Cnventin and Prtcls represent the culminatin f a series f internatinal meetings and declaratins in recent years which have expressed cncern abut the grwing prblem f transnatinal rganised crime and called fr actin t be taken at an internatinal level. There is nw general recgnitin that States cannt cmbat this srt f crime individually, simply by taking unilateral measures. Rather a cncerted and c-rdinated effrt is needed by all States. At the same time it is clear that internatinal initiatives cannt be effective unless they enjy widespread supprt frm a brad range f States as it is nly in that way that safe havens fr criminals can be eliminated. Prtcl against the illicit Manufacturing f and trafficking in Firearms, their parts and cmpnents and ammunitin (Firearms Prtcl) The wrld is flded with apprximately 500 millin small arms and light weapns, equating t ne weapn fr every 12 peple n earth. Mst f these weapns are cntrlled by legal authrities, but when they fall int the hands f terrrists, criminals and irregular frces, they bring devastatin. They exacerbate cnflict, spark refugee flws, undermine the rule f law, and spawn a culture f vilence and impunity. The Firearms Prtcl, which was adpted by the General Assembly f the United Natins by reslutin 55/255 f 31 May 2001, is the first binding internatinal instrument addressing illicit firearms. The purpse f the Prtcl is t prmte, facilitate and strengthen c-peratin amng State Parties in rder t prevent, cmbat and eradicate illicit manufacturing f and trafficking in firearms, their parts and cmpnents and ammunitin. The twenty ne article Prtcl cntains prvisins n numerus aspects f this issue, including cnfiscatin, seizure and dispsal f illegal firearms, recrd keeping, marking, deactivatin, general requirements fr exprt, imprt and transit licensing r authrisatin systems; security and preventin measures; exchange f infrmatin; training and technical assistance; brkering and settlement f disputes. It pened fr signature n 1 July 2001 and will remain pen until 12 December It will cme int effect 90 days after the depsit f the 40 th instrument f ratificatin, acceptance r apprval. Scpe f the Firearms Prtcl

4 The Prtcl is designed t prevent the illicit manufacturing f and trafficking (imprt, exprt and transiting) in firearms, their parts and cmpnents and ammunitin. This is achieved by placing cntrls n the imprt and exprt f these gds and fr the investigatin and prsecutin f the fllwing ffences (Article 5) where thse ffences are transnatinal in nature and invlve an rganised criminal grup : Illicit manufacturing f firearms, their parts and cmpnents and ammunitin; Illicit trafficking in firearms, their parts and cmpnents and ammunitin; Falsifying r illicitly bliterating, remving r altering the marking(s) n firearms required by article 8 f the Prtcl. The Prtcl des nt apply t state t state transactins r t state transfers in cases where the applicatin f the Prtcl wuld prejudice the right f a State Party t take actin in the interests f natinal security cnsistent with the Charter f the United Natins. Brder Cntrls One f the mst critical cmpnents f the Prtcl and the ne which impacts n Custms administratins is the imprt, exprt and transit system (Articles 10, 11, 12 and 13). It is a reciprcal system requiring cuntries t exchange authrisatins befre permitting shipments f firearms, their parts and cmpnents and ammunitin t arrive in, leave, r transit their territry. The ratinale fr this apprach is the need t create a dcumentary chain f infrmatin t enable law enfrcement authrities t track the legal mvement f firearm shipments in rder t prevent theft and diversin and t assist in tracing thse that leak int the black market. It is vital that imprt and exprt licensing r authrisatin systems be supprted by effective and credible interventin strategies by Custms administratins which are designed t identify and prevent the illicit mvement and supply f firearms arund the wrld. Interventin at the brder is an efficient methd f interrupting the supply chain and preventing rganised criminal grups frm btaining illegal supplies f firearms and ammunitin. At the same time the Prtcl recgnises that there is a substantial legitimate internatinal trade in firearms and ammunitin. Custms administratins shuld ensure that their brder enfrcement systems d nt impede the clearance f these legitimate shipments. 1. Explanatin t the WCO Recmmendatin In supprt f the Firearms Prtcl, the Cuncil f the Wrld Custms Organizatin, in June 2002, had adpted a Recmmendatin cncerning the Firearms Prtcl. WCO Members are encuraged t frmally advice the Secretary General f their acceptance and implementatin f the prvisins f the Recmmendatin. The fllwing paragraphs explain the recmmendatins f the Cuncil cncerning the Firearms Prtcl. Explanatins are nt prvided fr recmmendatins that are deemed self explanatry. The term transit is als explained in view f the difficulties faced by Members during the develpment f the Recmmendatin. The term transit is used instead f Custms transit thrughut the Recmmendatin s as nt t unduly narrw the scpe f the term. This had been agreed by the Permanent Technical Cmmittee in rder t align the terminlgy with that f the Firearms Prtcl. The verall bjective f the Prtcl had been t prevent, cmbat and eradicate the illicit manufacturing f and trafficking in firearms. Thus it makes it necessary t cntrl all legitimate mvements f firearms regardless f whether r nt they mve under the Custms transit prcedure. Limiting Custms cntrl activities nly t firearms that are carried under the Custms transit prcedure invlves the risk f firearms carried by air r by sea, where the Custms transit prcedure des nt generally apply, aviding cntrl, in vilatin f the prvisins f Article 11 f the Prtcl.

5 Paragraphs 3 t 6 f the Recmmendatin relates t the principles cntained in Article 10 f the UN Firearms Prtcl. Article 10 sets ut general requirements fr exprt, imprt and transit licensing r authrizatin systems. The intentin has been t establish a watertight system whereby ptential transit cuntries and the cuntry f imprt give their cnsent fr the carriage f firearms thrugh their respective territries and t its territry befre the firearms are permitted t leave the cuntry f exprt. This is achieved by prviding that, befre issuing exprt licences r authrizatins fr shipments f firearms etc., each State Party shall verify (1) that the imprting States have issued imprt licences r authrizatins and (2) that the transit States have, at a minimum, given ntice in writing, prir t shipment, that they have n bjectin t the transit (paragraph 2 f Article 10). In additin, the infrmatin cntained in the imprt licence must be prvided in advance t the transit States (paragraph 3 f Article 10). By this system, the cuntries f transit and that f imprt are made aware in advance that firearms will be transprted thrugh their territries and t its territry and are able t take any cntrl actin in accrdance with Article 11 f the UN Firearms Prtcl. Members shuld allw fr the ldging, registering r checking f the Gds declaratin and supprting dcuments pertaining t firearms prir t their imprt, exprt r transit mvements. Such measures wuld facilitate Custms enfrcement n firearms mvements. In additin, Members are als encuraged t develp simplified prcedures fr the temprary imprt, exprt r transit f firearms. These prcedures als frm the key principles advcated in Chapter 3 f the General Annex in the revised Kyt Cnventin n the simplificatin and harmnizatin f Custms prcedures. Paragraph 3 f the Recmmendatin specifically requires the adptin f the statistical nmenclature prpsed by the Harmnized System Cmmittee. In this regard the Cuncil had, in June 2002, adpted a WCO Recmmendatin n the insertin in natinal statistical nmenclatures f the subheadings t facilitate the mnitring and cntrl f prducts specified in the Firearms Prtcl. Member administratins and Cntracting Parties t the Harmnized System Cnventin have been advised t take all apprpriate actins t insert the additinal subdivisins in their statistical nmenclatures, either separately r gruped tgether where necessary t meet natinal requirements. Paragraphs 7 t 10 f the Recmmendatin cncerns the principles cntained in Article 11 f the Prtcl. Article 11 f the Prtcl requires each State Party t take apprpriate measures, in an effrt t detect, prevent and eliminate the theft, lss r diversin f firearms etc., t require the security f firearms etc. at the time f imprt, exprt and transit thrugh its territry and t increase the effectiveness f imprt, exprt and transit cntrls, including, where apprpriate, brder cntrls, and f plice and Custms transbrder c-peratin. In this regard, Members shuld exercise similar cntrl measures n firearms mving int r leaving free znes. Paragraph 11 f the Recmmendatin relates t infrmatin exchanges and increased c-peratin between law enfrcement agencies. Examples f the types f infrmatin t be exchanged are cntained in Article 12 f the Prtcl. Paragraph 11 als requires Members t prmte the use f specialized systems and techniques under their jurisdictin such as the WCO s Custms Enfrcement Netwrk (CEN). CEN is an infrmatin, analysis and cmmunicatin system fr the fight against Custms ffences and it supprts and enhances Custms fight against Transnatinal Organized Crime. Paragraph 12 f the Recmmendatin relates t paragraph 3 f Article 13 f the Prtcl. It cvers the Memrandum f Understanding between Custms and legitimate traders. Hwever, the cverage under Article 13 is brader in its scpe in that it als calls fr c-peratin between States at the bilateral, reginal and internatinal levels.