National laws and resolutions. Area of activity Law/resolution Date. Production Act No On weapons (adoption)

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1 Republic of Belarus Report on the implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects The Republic of Belarus, aware of the importance of the prompt and full implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, has taken a number of practical steps to carry out the Programme of Action at the national, regional and international levels. At the national level: Legislation: A number of legislative acts are in force in the Republic of Belarus regulating activities related to small arms and light weapons in the following areas: Production; Export, import and transit; Brokering; Marking, accounting and tracing; Stockpile management; Destruction of surpluses. National laws and resolutions Area of activity Law/resolution Date Production Act No On weapons (adoption) (entry into force) Presidential Decree No. 473 On measures to improve the regulation of the circulation of military, service and civilian weapons and ammunition in the territory of the Republic of Belarus (partial entry into force) (entry into force)

2 National laws and resolutions Area of activity Law/resolution Date Export, import, transit, retransfer In addition to the above-mentioned legal instruments governing the entire spectrum of relations arising from the circulation of weapons, the following instruments apply: Act No On export controls (entry into force) (amendments made) Presidential Decree No. 265 confirming: The Regulations on the procedure for granting legal persons in the Republic of Belarus the right to engage in foreign trade activities relating to specific goods (work, services); (signature and entry into force) (amendments made) The Regulations on the Interdepartmental Commission on Military and Technical Cooperation and Export Controls of the Security Council of the Republic of Belarus. Presidential Decree No. 383 On fulfilment by the Republic of Belarus of international obligations under the OSCE Document on Small Arms and Light Weapons. Presidential Decree No. 94 On certain measures to regulate military and technical cooperation with foreign States. Resolution No. 133 of the Council of Ministers On the implementation of measures for State regulation of imports (exports) of specific goods (work, services), with amendments and additions introduced in accordance with resolution No. 636 of the Council of Ministers of 28 May 2004, confirming: The Regulations on the procedure for granting licences in the Republic of Belarus for the import and export of specific goods (work, services); (amendments made) (entry into force) (amendments made) The Regulations on the procedure for

3 National laws and resolutions Area of activity Law/resolution Date determining obligations relating to the use of specific imported goods (work, services); The Regulations on the procedure for ensuring verification of compliance with the obligations relating to the use of specific imported (exported) goods (work, services) for declared purposes. Resolution No. 522 of the Council of Ministers On confirmation of the Regulations on transit of goods for military use through the territory of the Republic of Belarus (entry into force) (amendments made) Resolution No. 1 of the State Military -Industrial Committee On confirmation of the Instructions on the procedure in the Republic of Belarus for the designation of goods (work, services) as specific goods (work, serv ices). Resolution No. 2 of the State Military -Industrial Committee On confirmation of the Instructions on the procedure for issuing licences for the import of goods for military use, encryption devices and special technical equip ment and the export of specific goods (work, services) and for registering contracts under general licence. Order No. 5 of the State Military -Industrial Committee On confirmation of the Instructions on the procedure for issuing import certificates. Resolution No. 4/11 of the State Military- Industrial Committee and the State Customs Committee On confirmation of the lists of specific goods (work, services). Resolution No. 2 of the State Military -Industrial Committee On confirmation of the Regulations on the register of legal persons in the Republic of Belarus having the right to engage in foreign trade activities relating to specific goods (work, services). Order No. 254 of the Ministry of Defence On confirmation of the instructions on the

4 National laws and resolutions Area of activity Law/resolution Date Brokering Marking, accounting and tracing Stockpile management Destruction of surpluses procedure for preparing and issuing end-user certificates. Order No. 387 of the Ministry of Defence On the procedure for granting permits for the import (export) of specific goods (work, services) in the Ministry of Defence. Order No. 24 of the Ministry of Defence On confirmation of the instructions on the procedure for the designation of goods (work, service) as goods for military use. Presidential Decree No. 473 On measures to improve the regulation of the circulation of military, service and civilian weapons and ammunition in the territory of the Republic of Belarus (Amendments and additions: Presidential Decree No. 268 of 4 June 2004). Presidential Decree No. 71 On confirmation of the Regulations on the procedure for the compilation and publication of the State Registry of service and civilian weapons and ammunition and of the Regulations on the procedure for certification of service and civilian weapons and ammunition. Resolution No. 56 of the Ministry of Defence On confirmation of the Instructions on the procedure for marking and accounting for small arms and light weapons and related ammunition produced in the Republic of Belarus (amendments made) (amendments made) (partial entry into force) (entry into force) (amendments and additions) (entry into force) The text of most of the instruments can be found on the website of the National Centre for Legal Information of the Republic of Belarus

5 Liability for violations Belarusian legislation provides for both criminal and administrative liability for violations related to the illicit production, possession, stockpiling and trading of small arms and light weapons. The current Criminal Code of the Republic of Belarus, which entered into force on 1 January 2001, provides for criminal liability for the following violations. Article No. Violation Penalties 228 Movement across the customs border of the Republic of Belarus of firearms and ammunition without the knowledge of or concealed from the customs authorities, either through fraudulent use of documents or means of identification or through failure to declare or making a knowingly false declaration Actions carried out in conspiracy by a group of persons, by a person with a previous conviction for smuggling, by an official in an official capacity or with use of force against a person performing customs checks Actions carried out by an organized group 294 Seizure of firearms, their basic parts, ammunition, explosive substances or explosive devices 295 Illegal manufacture or sale of smooth-bore hunting weapons or basic parts of such weapons Illegal manufacture, acquisition, transfer, sale, storage, transport, sending or carrying of a firearm (except a smooth-bore hunting weapon) or ammunition for such weapons, explosive substances, explosive devices or the illegal manufacture or sale of basic parts for a firearm or explosive devices Actions carried out repeatedly or by a group of persons acting in conspiracy Actions carried out by an organized group Imprisonment for 3-7 years, with or without confiscation of assets Imprisonment for 5-10 years, with or without confiscation of assets Imprisonment for 7-12 years, with or without confiscation of assets Restriction of liberty for up to 5 years or imprisonment for up to 7 years, with or without confiscation of assets Fine or detention for up to 3 months, or restriction of liberty for up to 2 years, or imprisonment for the same period Corrective labour for up to 2 years, or detention for up to 6 months, or restriction of liberty for up to 5 years, or imprisonment for up to 6 years, with or without confiscation of assets Restriction of liberty for up to 5 years or imprisonment for 2-8 years, with or without confiscation of assets Imprisonment for 4-10 years, with or without confiscation of assets

6 Article No. Violation Penalties 298 Dereliction of duty by persons responsible for protecting firearms, ammunition, explosive substances or explosive devices, resulting in their misappropriation or causing serious consequences 299 Violation of the rules for the accounting, stockpiling, use, transit or transfer of firearms, ammunition, explosive and highly inflammable caustic or pyrotechnic substances resulting, through negligence, in grievous or minor bodily harm or large-scale damage The same actions, resulting, through negligence, in the death of a person or grievous bodily harm to 2 or more persons 300 Improper storage of a firearm by the lawful owner, enabling it to be used by another person, resulting, through negligence, in death or grievous bodily harm Detention for up to 6 months or restriction of liberty for up to 3 years or imprisonment for the same period Corrective labour for up to 2 years, or detention for up to 3 months, or restriction of liberty for up to 2 years, or imprisonment for the same period with or without deprivation of the right to hold certain posts or engage in certain activities Imprisonment for 2-7 years with deprivation of the right to hold certain posts or to engage in certain activities Community service or a fine, or detention for up to 6 months, or restriction of liberty for up to 2 years The Republic of Belarus is currently wo rking on the entry into force of a new version of the Code on Administrative Offences (adopted on 21 April 2003), which envisages administrative liability for the following offences: Article No. Violation Penalties 17.2 Firing a firearm in a populated area or in a place not designated for firing such a weapon Violation of the rules for the accounting, stockpiling, use, transit or transfer of firearms, ammunition, explosive and highly inflammable caustic or pyrotechnic substances Violation of the established period for registration (re -registration) of a firearm or gas weapon or of the rules for registering such weapons when the place of residence is changed Imposition of a fine of 5-10 standard monetary units with or without confiscation of weapons and ammunition, with or without deprivation of specific rights Warning or imposition of a fine of up to 10 standard monetary units Imposition of a fine of 4-15 standard monetary units

7 Article No. Violation Penalties Retention of firearms or ammunition carried out by a p erson whose permit to keep such weapons has been invalidated Mounting a silencer on a civilian or service weapon or a night-vision sight (with the exception of sights for hunting), the procedure for the use of which is established by the legislation of the Republic of Belarus Imposition of a fine of 2-4 standard monetary units Imposition of a fine of standard monetary units with confiscation of the silencer or night-vision sight National coordination agency/national contact point Issues relating to small arms and light weapons are handled by several State bodies of the Republic of Belarus within their spheres of competence: the Ministry of Defence, the Ministry of Internal Affairs, the State Security Committee, the State Military -Industrial Committee and the Ministry of Foreign Affairs. The Ministry of Foreign Affairs coordinates the participation of the Republic of Belarus in activities at the international level relating to small arms and light weapons (SALW). The national contact point for issues relating to the implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects is the Office of International Security and Arms Control in the Ministry of Foreign Affairs of the Republic of Belarus: Telephone: ; Fax: ; armscontrol@mfa.org.by Stockpile management and storage safety On 13 November 2001, the President of the Republic of Belarus signed the Act On weapons, which governs the circulation of weapons in the territory of the Republic of Belarus and is designed to strengthen international cooperation in controlling crime and the illegal proliferation of small arms. The rules for the secure storage of SALW stockpiles are established in manuals, guidelines and instructions promulgated by orders of the Ministry of Defence. There is a well-developed system in the Republic of Belarus for the management of SALW stockpiles, ensuring adequate and reliable control of inventory and safe storage when they are being transported or otherwise used. SALW are stored in facilities and buildings protected by a double barbed wire fence along the perimeter. The system for protecting SALW stockpiles consists of electronic devices and armed sub-units for the physical protection of the site and boundaries of depots, and also the assignment of separate armed personnel in SALW storage locations in the armed forces. Record -keeping for SALW is organized in managerial bodies and on site. The periodicity of audits of accounts and SALW inventory is determined by the work

8 schedule for officials, specified in orders given to military units. Account -keeping and collation of accounting data on SALW by military units and managerial bodies are prescribed in routine report schedules. Plans for coordination in the event of emergencies or terrorist attempts are agreed upon with local authorities, the Ministry of Internal Affairs and the military procurator. The officials responsible for organizing preventive measures and eliminating the after-effects are designated in the Ministry of Defence and on site. In the armed forces, sub-units on duty and military teams on guard are designated around the clock. Train ing in coordination is conducted on the basis of plans drawn up by the commanders of military units. The rules for the transport of SALW are set forth in Instructions and orders of the Ministry of Defence; such cargo must be accompanied by military guards. National SALW stockpiles are stored in arsenals, bases and depots in accordance with the Instructions for ensuring the safety of SALW and ammunition. Storage facilities are equipped with double barbed wire fencing and electronic protection devices and have regular and back-up sources of power. Electronic protection devices are designed to ensure reliable activation in the event of opening of the storage facility or damage to wiring, and also the activation of an audible and visual alarm if a door is opened. There is no disabling mechanism to shut off the alarm. Data from the electronic protection devices on the opening of SALW storage facilities are transmitted in encrypted form from the weapons storage room of the sub-unit to the officer on duty in the unit; from safes with pistols located in the unit (headquarters) duty officer s room, from the weapons and ammunition depot and from the weapons rack in the guardroom to the captain of the guard; from the depots containing military equipment and from the weapon maintenance shop to the unit duty officer responsible for the stock. The chief of staff of the unit (or the person performing his functions) is responsible for ensuring the protection of SALW and ammunition storage locations using electronic protection devices and the chief of the protected facility is responsible for maintenance of the electronic protection devices. A group of staff from the unit responsible for the operation and maintenance of electronic protection devices is assigned to the task of keeping the alarm system in good working order. The security alarm system is tested by: the head of the depot (chief custodian) and the captain of the guard together with the deputy captain (operator) responsible for electronic protection devices when custody of the facility is transferred by unit and sub-unit duty officers at each change of shift. The results of tests of the alarm system are noted by the unit (sub -unit) duty officer in the record of shift changeover, by the captain of the guard in the guard post log book and by the head of the depot in the registry of depot visits and work carried out. The operating procedures and the schedule for testing the alarm system, as well as the duties of officials in the event of its unauthorized activation, are specified in instructions to the unit (sub-unit) duty officer and captain of the guard. Data on the activation of electronic protection devices are recorded in the operator s message registry.

9 The opening of weapons storage rooms must be authorized by the commander (sergeant major) of the sub -unit, who must notify the unit duty officer of the opening. Depot premises are equipped with fire protection and automatic firefighting devices. An integrated commission appointed by order of the Minister of De fence (Chief of the General Staff) makes periodic checks (once a year) of the security of SALW storage locations. The results of monitoring activities by officials are documented in accordance with the Instructions on the procedure for monitoring the security of military property (internal regulations). The basic criteria for evaluating whether depot premises meet the established requirements are: The existence of enclosure; Electronic protection devices with an alarm system feeding data to the captain of the guard; Armed security; Structural soundness of the building. The question of centralizing storage locations is currently under discussion and priority locations are being identified on the basis of national security interests. Lock-and-key and other physical security measures In sub-units, small arms are kept in the weapons storage room. This room is equipped with an alarm system and is constantly guarded by the 24-hour security detail. The room is fully lit from dusk to dawn. Emergency light ing is available in case the central electricity supply is disconnected. The personal weapons of officers and warrant officers of the military unit are kept at unit headquarters in a specially equipped location in a locked iron cabinet (safe) with an alarm system feeding data to the captain of the guard. The keys to the weapons safe (cabinet) are kept by the duty officer of the military unit. A second set of keys, in a box sealed by the chief of staff of the military unit, is kept in a special location and given out only when authorized by the commander of the military unit. In depots, small arms are kept in reinforced concrete (brick) storerooms with solid floors and ceilings and wooden gates (doors) reinforced with metal. In order to ensure the complete safety of SALW in storerooms, there is also a second set of barred doors fitted with locks, and the windows and ventilation outlets have metal bars and grids. The enclosure around the depot is at least two metres high and the storerooms are protected by a double barrier.

10 In order to ensure the safety of SALW, there is a system of control by officials at various levels. This includes: Checking that keys to depot doors are present and secure; Ensuring that alarm devices blocking doors, gates and ventilation outlets are in place and are in good working order; Ensuring that communication devices are present and functioning; Verifying the reliability of the metal bars protecting window openings and ventilation outlets; Ensuring that there is a system fo r lighting the perimeter around SALW storage facilities and inside the buildings; Using guard dogs to protect SALW facilities; Ensuring that there is a barrier around the buildings; Fitting strong locks on doors. SALW are stored separately from ammunit ion. Depot premises for SALW storage are equipped with alarm systems, which are tested regularly. In every case of theft or loss of SALW, the commander (chief) must inform the chain of command and must also notify the monitoring bodies and take measures to locate the lost or stolen SALW. In all instances of theft or loss of SALW, the commander of the military unit institutes criminal proceedings and undertakes an inquiry. Access control measures Staff access to SALW storage sites is strictly limited. The lists of staff authorized to work with SALW stockpiles are agreed upon with the monitoring bodies and approved by order of the relevant military unit. All staff working in depots with SALW stockpiles are required to undergo checks by the monitoring bodies. Keys to depots storing weapons and ammunition are issued on a sign -out basis only to officials responsible for the storage of stockpiles. At arsenals, bases and central depots, it is not possible for the same person to obtain keys to SALW and ammunit ion, since SALW and ammunition are stored separately. At military depots, it is possible for the same person to be issued (obtain) keys to SALW and ammunition. Inventory management and accounting control procedures The system to manage the inventory of stockpiles and the use, consumption and utilization of SALW comprises various levels of control: Individual monitoring of responsible officials; Monitoring of individual officials by senior staff; Periodic comparison of inventory with entries in the o riginal accounting documents; Monitoring of storage records by inventory commissions.

11 There is itemized accounting of stockpiles, and their use, consumption and utilization. For each lost item, a lost SALW report is prepared in four copies. Within three days after the receipt of information concerning the loss (discovery), the report is sent out as follows: One copy to the local organ of the Ministry of Internal Affairs; One copy to the information centre of the Ministry of Internal Affairs; One copy to the missile and artillery weapons service of the Armed Forces; One copy remains in the military unit as a record of the lost SALW and is kept until information is received regarding recovery of the weapon. Reports on recovered weapons are prepared and transmitted in the same way. Lost weapons are removed from the records of the military unit on the basis of inspectors certification after receipt of notification from the information centre of the Ministry of Internal Affairs that the loss has been recorded. Inspectorates (commissions) check the accounting records at military facilities at least once a year and at central depots every three to five years. The protection of facilities against explosions and fire is checked annually by the integrated commissions of the Ministry of Defence. The main objectives of the monitoring (audit) of SALW safety are as follows: Verification of compliance with existing laws, Presidential decrees, Government resolutions, regulations, orders and directives of the Minis ter of Defence and the Chief of the General Staff of the Armed Forces, and directives, guidelines and instructions on compliance with SALW storage requirements; Verification of the legality of credit and debit operations, the accuracy of SALW account-keeping and the timeliness and quality of accounting; Exposure of cases of SALW theft and loss and elimination of their underlying causes; Verification of the actual inventory and technical condition of SALW; Verification of the fulfilment by officials of their obligations concerning accounting, storage and protection of SALW; Assessment of the professional and moral attributes of officials responsible for the accounting, storage and issuance of SALW. Crisis management Training is carried out each year in arsenals with the sub-units assigned to provide assistance in the event of unforeseen situations. All storage locations are within the sphere of operation of rapid response services prepared for prompt action. Physical security measures at storage facilities provide sufficient protection from inclement weather and attacks on a facility by individuals or groups of persons. No specific examples can be given.

12 Penalties for theft or loss Issues relating to investigations of theft or loss of SALW and ammunition are dealt with by agencies of the military procurator and military counter-intelligence, which are guided by the Code of Criminal Procedure. Civilian law enforcement agencies are brought into the investigation if the crime was committed by a civilian or group of civilians. Criminal investigations are conducted in each individual case where actions have been committed that fall under the purview of the Code of Criminal Procedure. Disciplinary action is defined in the disciplinary rules of the Armed Forces. No statistics are compiled on the frequency of disciplinary measures for professional negligence in the Armed Forces. Procedures to maximize the security of SALW transport Depending on the distance, the state of the road network and the delivery deadlines, SALW may be transported by road or by rail, accompanied by an armed guard. Railway carriages for SALW transport are subject to the following requirements: The walls, floors and roof of the carriage must be in good condition, without holes, cracks or broken boards, so that the carriage cannot be penetrated from outside; The windows and hatches must be completely covered and have working locks; when preparations are being made to dispatch SALW, overhead hatches must also be blocked with wooden beams measuring 50x50 mm and 6 mm diameter wire; The carriage doors must close completely, with working locks to prevent them from opening while the train is moving. As SALW are loaded into the carriage, they must be checked off on a list. The carriage doors must be closed, door locks must be fastened by two barbed wire coils 6 mm in diameter secured by twisting. Door locks must be sealed and seal control marks must be recorded on the list for protected military transport. All shipment routes and their security are planned and vetted in advance. Armed convoys are accompanied at all times. It is obligatory for weapons to be transported separately from ammunition in the various means of transport. Training of staff of SALW storage facilities Persons in charge of SALW depots and storage facilities study their specialities at warrant officer training schools at 72 combined training centres. Persons responsible for SALW storage subsequently undergo annual certification by the command of formations and military units and approval by the monitoring bodies at the time of their appointment. Collection and destruction In the Republic of Belarus, weapons are collected on a regular basis from the civilian population and are subsequently destroyed. (Pres idential Decree No. 473

13 On measures to improve the regulation of the circulation of military, service and civilian weapons and ammunition in the territory of the Republic of Belarus ). In 2003, 66,407 SALW were destroyed in Belarus. The figure for 2004 was approximately 60,000. The procedure for SALW destruction in the Republic of Belarus is a technological process consisting of dismantling them, and crushing and then melting down individual components and parts. A specific technical procedure has been developed for dismantling each type of SALW. The dismantling is carried out at special State enterprises. SALW in the fifth category are dismantled at central bases and arsenals under the technological process for the destruction of those types of SALW. Gu n barrels and barrel cases obtained after the dismantling are melted down in blast furnaces at enterprises of the Ministry of Industry under the supervision of special commissions with the participation of representatives of military units. SALW are handed over for dismantling on the basis of accounting documents, which must include factory numbers and year of manufacture of SALW models. All components and parts are listed on the dismantling record, which is signed and approved by the officials concerned. In addition, representatives of higher organizations check that the dismantling has been carried out properly and verify that the SALW components and parts are intact and have been recorded and accounted for. In the dismantling process, equipment and instruments are used that can give a part -by-part breakdown of SALW models. After the components and parts have been dismantled, they are crushed and then melted down in blast furnaces at State enterprises. Accounting documents are prepared to show that these measures have been carried out. Standard crushing machinery and blast furnaces are used for crushing and melting down. There are no special procedures for the destruction of SALW surpluses in the Republic of Belarus, and no procedures for public SALW destruction. Export controls In the Republic of Belarus, SALW are subject to export controls (for specific goods) and are included in the list of goods for military use (approved by resolution No. 4/11 of the State Military-Industrial Committee and State Customs Committee On confirmation of the lists of specific goods (work, services), of 22 February 2005). Imports and exports of SALW are carried out on the basis of licences from the State Military-Industrial Committee established pursuant to Presidential Decree No. 559 of 30 December Previously, the Ministry of Foreign Affairs had been responsible for licensing. Import and export licences for specific goods (work, services) are issued only to legal persons of the Republic of Belarus holding a c ertificate, issued in accordance with the established procedure, giving them the right to engage in foreign trade in specific goods (work, services), in accordance with the Regulations

14 on the procedure for granting legal persons in the Republic of Belarus the right to engage in foreign trade activities relating to specific goods (work, services), approved by Presidential Decree No. 265 of 11 May When examining applications for firearms export licences, the Republic of Belarus is guided by the criteria adopted by the Organization for Security and Cooperation in Europe (OSCE) Document on Small Arms and Light Weapons, taking account of the following: 1. The respect for human rights and fundamental freedoms in the recipient country; 2. The internal and regional situation in and around the recipient country, in the light of existing tensions or armed conflicts; 3. The record of compliance of the recipient country with regard to international obligations and commitments, in particular on the non -use of force, and in the field of non -proliferation, or in other areas of arms control and disarmament, and the record of respect for international law governing the conduct of armed conflict; 4. The nature and cost of the arms to be transferred in relation to th e circumstances of the recipient country, including its legitimate security and defence needs, and to the objective of the least diversion of human and economic resources to armaments; 5. The requirements of the recipient country to enable it to exercise its right to individual or collective self-defence in accordance with Article 51 of the Charter of the United Nations; 6. The question of whether the transfers would contribute to an appropriate and proportionate response by the recipient country to the military and security threats confronting it; 7. The legitimate domestic security needs of the recipient country; 8. The requirements of the recipient country to enable it to participate in peacekeeping or other measures in accordance with decisions of the United Nations or OSCE. The procedure for issuing licences for the export of specific goods (work, services) is defined by resolution No. 133 of the Council of Ministers On the implementation of measures for State regulation of imports (exports) of spe cific goods (work, services), of 4 February This resolution was amended in In the cases provided for by law, the State Military -Industrial Committee issues licences on the basis of decisions of the Interdepartmental Commission on Military and Technical Cooperation and Export Control of the Security Council. At the decision of the Commission, documents provided in support of a licence application are coordinated with the Ministry of Defence, the State Security Committee, the Ministry of Foreign Affairs, the Ministry of Economic Affairs and other State bodies. In order to receive a one-time licence to export specific goods (work, services), the applicant must submit to the State Military -Industrial Committee: The original and one copy of the export contract;

15 Documentary confirmation of the origin of the specific goods (work, services); Documents confirming the right of the purchasing organization to conduct transactions in the specific goods (work, services), in accordance with the legislation of the country of registration; An end-user certificate (international import certificate) or other document issued by the competent authority of a foreign State specifying the obligation to use the specific goods (work, services) imported from the Repub lic of Belarus only for the declared purpose and not to allow their re -export or transfer to third countries without authorization from the competent authority in the Republic of Belarus. The consular authentication procedure is used to verify whether end-user certificates are genuine. Marking and tracing National marking system The Instructions on the procedure for marking and accounting for small arms and light weapons and related ammunition produced in the Republic of Belarus were approved on 12 August 2003 by a resolution of the Ministry of Defence. Weapons produced since 30 June 2001 in Belarusian territory or outside Belarusian territory, with the authorization of the Republic of Belarus are subject to marking. If an unmarked or improperly marked weapon is discovered in the course of routine stockpile management, the weapon is marked or destroyed. The decision on whether to mark such a weapon is taken by the Government agency responsible for the stockpile. Weapons of Soviet or foreign manu facture that are not properly marked (manufacturer not identified, no trademark, etc.) are not subject to marking. The marking applied to weapons produced in the Republic of Belarus must contain the following standard symbols: RB- x , where: RB signifies the weapon s country of manufacture; x is the manufacturer s trademark (registered service mark) (applied on site); is the weapon s unique identifying number in the manufacturer s registration system. Numbers for SALW with the same name are assigned by each manufacturer in ascending numerical order, beginning with the number 1. The basic parts and assembled components of the weapon are marked with the last two or three digits of the weapon s individual number. Small parts are marked wit h the manufacturer s standard mark or with the last two digits of the weapon s individual number; 2003 is the year of manufacture, shown using a four-digit number or, where the design of the weapon will not allow this, the last two digits of the year in question.

16 The licensing body and manufacturers and exporters maintain up -to-date records so as to facilitate monitoring of the production of weapons and ammunition and trace their movement in shipments to Belarusian and foreign legal persons. In cases of import of SALW into the Republic of Belarus, no import marking is applied. The date and place of crossing of the customs border of the Republic of Belarus are determined on the basis of the accompanying documents (licences) and attachments to them. National procedures for monitoring the manufacture of SALW At the present time, there are no enterprises in the Republic of Belarus that manufacture SALW. However, the law stipulates that activities relating to the production of SALW are subject to State lic ensing. The following procedure is in effect for issuing licences for the production of goods for military use in general and SALW in particular: 1. An application in the prescribed form with copies of the constituent documents, the certificate of State registration, confirmation of the payment of the State duty, information on the qualifications of workers and all equipment, data on the technical documentation which has been prepared to ensure compliance with requirements concerning the quality and safety of the work to be carried out, and information on the organizational and technical measures to ensure secrecy and counteract electronic intelligence devices is submitted to the State Military - Industrial Committee. 2. The State Military -Industrial Committee, on the basis of the results of its consideration of the application, transmits the documents to the Interdepartmental Commission on Military and Technical Cooperation and Export Control of the Security Council. 3. The final decision to issue a licence is approved by the State Secretary of the Security Council on the basis of the results of the consideration of the application by the Interdepartmental Commission on Military and Technical Cooperation and Export Control of the Security Council. 4. If an affirmative decision is taken, the State Military -Industrial Committee grants a licence for the production of the relevant types of SALW. 5. In order to conduct foreign trade operations, an applicant (manufacturer) applies to the State Military-Industrial Committee to obtain a certificate granting the right to engage in foreign trade activities relating to specific goods (work, services). A licence to manufacture SALW is valid for five years. To renew (restore) a licence, a procedure similar to that used for obtaining a licence is applied. There are no circumstances in which a licence is not required in order to manufacture SALW. The records, licences and corresponding documentation are kept for an indefinite period. The proper use of licences is monitored on a continuous basis by the State monitoring bodies.

17 A licence ceases to be valid under the following circumstances: Violation of security measures and technologies in relation to staff and/or the environment; Violation of export legislation when conducting foreign trade operations; Violation of the technical requirements for the production of SALW. The legislation of the Republic of Belarus provides for criminal liability for the illegal production of SALW. International and regional cooperation The Republic of Belarus actively participates in the implementation of the OSCE Document on Small Arms and Light Weapons adopted at the OSCE Forum for Security Cooperation (FSC), in November In , Belarus took part in information exchanges in accordance with the provisions of that document. In July 2002, Belarus initiated the adoption of the OSCE Forum s decision on submitting to the United Nations a standard response in the context of information exchange in accordance with the OSCE Document on Small Arms and Light Weapons and also transmitted to the United Nations, on a voluntary basis, national data from the first information exchange in accordance with the OSCE document in On 18 June 2003, the Forum adopted decision No. 5/03 on best practices for implementing the OSCE Document on Small Arms and Light Weapons. The decision provides for the compiling of a special guide on the basis of information developed within the Forum on the best practices for implementing the most important sections of the OSCE document relating to production, handling and safe storage, the destruction of surplus arms, the marking and tracing of SALW, and the monitoring of the activities of commercial brokers. During the formulation of that decision, the Republic of Belarus was one of the countries that initiated the drafting of a special set of provisions that provide for the transmission of the best practice guide to the United Nations. Provision was also made for its broad dissemination among the States Members of the United Nations in implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. In September 2003 at the OSCE Forum, the Republic of Belarus re quested assistance in destroying SALW and improving the security of SALW storage facilities. Given the importance of efforts to prevent especially dangerous types of SALW, first and foremost, man -portable air defence systems (MANPADs), from falling into the hands of terrorists, Belarus included 29 MANPADs and 15 launching mechanisms in the list of weapons to be destroyed. OSCE dispatched an assessment mission on SALW to the Republic of Belarus from 26 to 29 April Its aim was to examine how SALW were used and how secure storage of SALW could be improved, in order to assess the situation and prepare proposals for material and technical assistance to Belarus in that field. The

18 team was composed of representatives of the United States of America, the United Kingdom, Poland, Switzerland, Germany, Spain and other OSCE member States. The assessment team visited three Ministry of Defence sites, where the OSCE experts were made familiar with existing procedures for the use of SALW, the basic approaches to secure storage of SALW, and problems encountered in those fields. Based on the conclusions drawn in the report on the experts mission, on 8 July 2004 the OSCE Permanent Council adopted decision No. 619 on projects to assist Belarus to address small arms and light weapons problems. This decision called for work to begin on the development of special projects for Belarus relating to the use and secure storage of SALW. An expert team was set up to implement the decision, in particular the provisions concerning secure storage of SALW. The expert team consists of representatives of the United Kingdom, Switzerland and Spain, plus a representative of the OSCE Conflict Prevention Centre (CPC). From December 2004 to March 2005 OSCE experts on SALW made a series of assessment visits. The purpose of the four visits was to travel to SALW storage facilities of the Ministry of Defence in order to analyse the situation with respect to secure storage of SALW and to evaluate Belarus s request for assistance in that area. Overall, the OSCE experts expressed satisfaction with the results of the assessment visits. It was noted that the material and technical assistance requested reflected the actual situation and did not exceed the minimum international security requirements. The high level of professionalism of the Belarusian experts concerned with the implementation of SALW projects was also noted. In 2005 it is planned to continue implementing projects and to move to the practical provision of material and technical assistance in the context of the project to improve secure storage of SALW. In 2004 the OSCE Forum for Security Cooperation (FSC) adopted several decisions aimed at tightening controls on the movement of SALW and MANPADs: OSCE FSC decision No. 5/04 on standard elements of end-user certificates and verification procedures for SALW exports, of 17 November 2004; OSCE FSC decision No. 8/04 on OSCE principles on the control of brokering in small arms and light weapons, of 24 November 2004; OSCE FSC decision No. 3/04 on OSCE principles for export controls of manportable air defence systems (MANPADs), of 26 May Belarus took an active part in the drafting of these documents. It considers that these decisions were taken in elaboration of the OSCE Document on Small Arms and Light Weapons, and their provisions are taken into account when decisions are reached on exports of SALW, pursuant to Presidential Decree No. 383 On fulfilment by the Republic of Belarus of international obligations under the OSCE Document on Small Arms and Light Weapons, of 15 July Currently, the possibility of direct incorporation of the provisions of OSCE FSC decisions in domestic legislation is being considered.

19 Republic of Belarus National legislation, regulations and procedures for the transfer of arms, military equipment and dual-use goods and technology submitted in accordance with General Assembly resolution 59/66 This information on national legislation, regulations and procedures for the transfer of arms, military equip ment and dual-use goods and technology and on changes in this area is submitted by the Republic of Belarus to the Secretary - General in accordance with paragraph 2 of General Assembly resolution 59/66 on national legislation on transfer of arms, military equipment and dual-use goods and technology. The texts of the laws and regulations of the Republic of Belarus in the fields of export control and military and technical cooperation may be found on the web sites of the Ministry of Foreign Affairs ( and the National Centre for Legal Information ( Contents 1. Introduction 2. Basic legislation on export control (laws and presidential decrees) 3. Resolutions of the Council of Ministers governing legal relations in the fields of military and technical cooperation and export control 4. Departmental laws and regulations 5. System of penalties provided by law for violations in the field of export control 1. Introduction In 2004 the export control system of the Republic of Bela rus was subject to further reforms, necessary in most cases owing to the changes taking place in the system of State agencies carrying out export control functions and, in particular, the establishment (pursuant to Presidential Decree No. 599 of 30 Decembe r 2003) of the State Military -Industrial Committee. The Committee subsumed within it the functions of the licensing body and also of the ministry in charge of a number of enterprises of the military-industrial complex. In addition, the Committee acts as the coordination body for the implementation of several intergovernmental agreements of the Republic of Belarus on cooperation among the defence branches of industry (e.g. with the Russian Federation and Ukraine), prepares and amends the lists of specific goods (work, services) in effect in the country and ensures the designation of goods (work, services) as specific goods (work, services).

20 Basic legislation on export control 2.1. Act On export controls The foundation of Belarusian legislation governing international transfers of arms, military equipment and dual-use goods and technology is the Act On export controls, of 6 January 1998, as amended in November 2004 (Act No of 1 November 2004). The Act On export controls defines the legal basis for activities by State agencies, legal and natural persons of the Republic of Belarus in the field of export control and governs relations arising from the movement across the border of the Republic of Belarus and use of items subject to export controls. The Act On export controls also applies to acts committed or agreements concluded, as the case may be, by State agencies, legal and natural persons of the Republic of Belarus outside Belarusian territory if they further the proliferation of weapons of mass destruction or conventional arms or cause detriment to national security or to the political or economic interests of Belarus. The Act provides that, where an international instrument of the Republic of Belarus establishes norms that differ from those contained in the Act, the norms established in the international instrument shall apply. Export control means the establishment and application of a licensing procedure for the import into the customs territory of the Republic of Belarus and the use, transit and export beyond the Republic s borders of items subject to export controls. Export controls are applied in Belarus in order to: Safeguard national security and protect the economic interests of Belarus; Fulfil Belarus s obligations under international instruments and support international efforts for the non-proliferation of weapons of mass destruction and conventional arms. The fundamental principles for the application of export controls include: Implementation of State control of the movement across the customs border of the Republic of Belarus of items subject to export controls; Verification of the use of items subject to export controls; Openness and accessibility of information concerning the procedures, rules, objectives, tasks and principles of the functioning of the export control system and the penalties for violations of Belarusian export control legislation; Establishment of lists of items subject to export controls and of countries to which the export of such items is temporarily prohibited or restricted; Harmonization of export control procedures and rules with generally recognized international norms and practice. The export control system encompasses: Establishment of lists of items subject to export controls taking account of international approaches in this area;

21 Licensing of the export of items subject to export controls and of the import of individual categories of items subject to export controls; Provision of State guarantees that imported items subject to exp ort controls will be used for the declared purpose and that they will not be re -exported without authorization from the competent authority of the exporting country; Verification of the use of items subject to export controls; Exchange of information and other cooperation with international organizations and export control agencies of foreign States Presidential Decree On certain measures to regulate military and technical cooperation with foreign States Presidential Decree No. 94 On certain measures to regulate military and technical cooperation with foreign States was adopted on 11 March The latest amendments to the Decree were made in June 2004 (Presidential Decree No. 270 of 4 June 2004). The Decree defines the basic terms and concepts in the field of military and technical cooperation and, in particular, provides a detailed explanation of the term goods for military use. In addition, it specifies the objectives, principles and methods of implementing military and technical cooperation, sets out the terms of reference of State agencies with respect to the enforcement of legislation in the fields of export control and military and technical cooperation and establishes that the competent authority of the Republic of Belarus in the field of military and technical cooperation is the Interdepartmental Commission on Military and Technical Cooperation and Export Controls of the Security Council, which carries out its activities as determined by Belarusian legislation Presidential Decree No. 265 of 11 May 1999 (as amended and supplemented by Presidential Decree No. 160 of 7 April 2004) confirming: The Regulations on the procedure for granting legal persons in the Republic of Belarus the right to engage in foreign trade activities relating to specific goods (work, services) These Regulations establish that legal persons of the Republic of Belarus that have obtained, in accordance with the established procedure, a certificate conferring the right to engage in foreign tra de activities relating to specific goods (work, services) have the right to engage in such activities. Accordingly, licences from the State Military -Industrial Committee for the export and import of specific goods (work, services) are issued only to legal persons that have such certificates. In this instance, foreign trade activities means activities by legal persons of the Republic of Belarus involving another State or its subjects or international organizations and relating to the sale of goods, work, services or results of intellectual activity. The Interdepartmental Commission on Military and Technical Cooperation and Export Controls of the Security Council (hereinafter the Interdepartmental Commission) is responsible for considering issues and takin g decisions concerning