23/06/05 1 KAMEN 8.05D

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1 23/06/05 1 KAMEN [Translated from Chinese] People's Republic of China 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

2 23/06/05 2 KAMEN Contents I. China's basic stand on the illicit trade in small arms and light weapons... 3 II. China's implementation of the Programme of Action... 5 A. At the national level National coordination body National point of contact Relevant legislation Law-enforcement measures and legal liability Stockpile management Confiscation and destruction Export controls Brokering administration Marking Record-keeping Raising public awareness... 9 B. At the global and regional levels International cooperation Other exchanges and cooperation Support for and participation in related regional and global initiatives Page

3 23/06/05 3 KAMEN I: China's basic stand on the illicit trade in small arms and light weapons Since the end of the Cold War, local wars and armed conflicts have broken out from time to time for a variety of reasons. The use of small arms and light weapons (SALW) in such conflicts has caused great civilian casualties and the spread of SALW in post-conflict situations has seriously hindered the reconstruction of affected regions. The illicit trade in SALW has also exacerbated the ever-more-rampant scourge of terrorism, as well as smuggling, drug-trafficking and other transnational organized crimes Firmly combating SALW -related illicit activities and effectively regulating the lawful manufacturing and transfer of SALW are very important for the maintenance of regional and international peace, stability and development, suppressing terrorism and organized transnational criminal smuggling and drug-trafficking activities, and alleviating humanitarian crises. Over the years, the international community has made significant achievements in its unremitting efforts to combat the illicit trade in SALW. In May 2001, the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition [hereafter, the "Firearms Protocol"], supplementing the United Nations Convention against Transnational Organized Crime, was succesfully concluded. The Firearms Protocol is aimed at combating the illicit manufacture and transfer of firearms through international cooperation, and is the first legally binding international instrument in this domain. Its conclusion reflects the common aspiration of the international community to combat the illicit trade in SALW. In July 2001, the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects adopted a Programme of Action to prevent, combat and eradicate the illicit trade in SALW. The Programme of Action puts forward a set of feasible objectives and measures at the national, regional and international levels, along with proposals for a series of follow-up activities such as convening review conferences and studying ways to identify and trace illicit SALW and combat illicit SALW brokering. The Programme of Action serves as an important guiding instrument in promoting international efforts to combat the illicit trade in SALW, and has opened up a brand-new stage in the multilateral process in that regard. Over the past four years, important progress has been made in the implementation of the Programme of Action at the national, regional and international levels, and the follow-up steps recommended in the Programme of Action are also being smoothly carried out. In July 2003, the United Nations First Biennial Meeting of States to Consider the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects fully reviewed the implementation status of the Programme of Action, and adopted further steps to strengthen efforts to combat the illicit trade in SALW. In 2004, the United Nations began negotiations on an international instrument to enable States to identify and trace illicit SALW in a timely and reliable manner; launching a new stage in the multilateral process of combating illicit SALW. The fifty-ninth session of the United Nations General Assembly adopted a resolution requesting the Secretary-General to establish, no later than 2007, a group of governmental experts to consider further steps to combat illicit brokering in SALW. The issue of illicit SALW brokering has become an important agenda item. The causes of the problem of the illicit trade in SALW are complex, and its forms are multifarious, involving the spheres of security, disarmament, socio-economic, humanitarian, and other dimensions. Therefore, efforts at the national, regional and international levels to consolidate the achievements of the 2001 SALW Conference, promote the comprehensive implementation of the Programme of Action, and properly address the issue of illicit trade in SALW: States should assume primary responsibility. Each State should, in accordance with its specific situation, establish and improve its legal system, while constantly enhancing its own capabilities to prevent the diversion of lawfu lly manufactured or transferred SALW into illicit channels. In the process of combating the illicit trade in SALW, the sovereignty of

4 23/06/05 4 KAMEN each State should be respected, and the right of each State to legally manufacture, possess and transfer SALW should not be infringed upon. The United Nations should continue to play a leading role. On the one hand, the mechanism for reviewing the Programme of Action should be used to promote the efforts to combat the illicit trade in SALW at national, regional and global levels. On the other hand, negotiations on an international instrument to enable States to identify and trace illicit SALW should be concluded at an earlydate, and a group of governmental experts to consider further steps to combat illicit brokering in SALW, should be established in due course. International agreements and cooperation should be strengthened. States should enhance coordination and cooperation among their police, customs and other law-enforcement sectors. Different regions can proceed from their own regional situations to undertake necessary coordinated efforts or formulate relevant uniform measures. Developed countries should actively provide assistance to developing ones in such areas as mechanism building, cooperation on tracing, and personnel training. The problem of illicit brokering should be earnestly resolved. Arms brokers frequently play an important role in the illicit trade in SALW. States should strengthen their supervision and controls and promote international cooperation in this regard. The establishment of a United Nations group of governmental experts is crucial for further study of the issue of illicit brokering in SALW, and for seeking effective solutions to the problem. A comprehensive approach should be adopted to address both the symptoms and underlying causes. In addition to promoting international and regional legal and political arrangements in the area of SALW, the international community should also actively provide assistance to countries concerned in economic development, peace-making and maintaining stability, in order to eliminate hunger, poverty, social inequality and other hidden security threats and root out the breeding grounds in which illicit SALW propagate and spread. China has always attached great importance to and supported the efforts of the international community to combat the illicit trade in SALW. In promoting enhanced international cooperation, the United Nations has made positive efforts to combat this trade. China supports the United Nations continuing to play an active role in this area. China participated constructively in the July 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects and in the 2003 United Nations First Biennial Meeting of States to Consider the Implementation of the Programme of Action, and has taken practical steps to conscientiously implement the pertinent measures of the Programme of Action. In 2003, China submitted its national report on the implementation of the Progra mme of Action. China has taken an active part in the work of United Nations groups of governmental experts, as well as in the deliberations on SALW in the Security Council. It has also constructively participated in the negotiations on an international instrument to enable States to identify and trace illicit SALW in a timely and reliable manner, as well as in the consultations on the problem of illicit brokering. China, along with the United Nations and the Governments of Japan and Switzerland, cosponsored the United Nations Workshop on Small Arms and Light Weapons in Beijing from 19 to 21 April 2005, at which participants held fruitful discussions on ways to deal with the illicit trade in SALW. China will continue to actively participate in relevant initiatives to promote constant progress of the international community toward resolving the illicit trade in SALW.

5 23/06/05 5 KAMEN II: Implementation of the Programme of Action by the Chinese Government: A. At the national level 1. National coordination body In China, Government departments involved in substantive work in the area of SALW include the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defence, and the Commission of Science Technology and Industry for National Defence. The Ministry of Foreign Affairs is responsible for coordinating relevant multilateral negotiations and treaty implementation; coordinating the research and drafting of policies and measures to combat the illicit trade in SALW by various Government departments; and promoting the signing and ratification of the Firearms Protocol, as well as organizing the implementation of existing international dispositions in the area of SALW, such as the Programme of Action. 2. National point of contact In December 2001, the Chinese Government designated the Department of Arms Control and Disarmament of the Ministry of Foreign Affairs as the national point of contact for the implementation of the Programme of Action. In its capacity as point of contact, the Department has made great efforts in implementing the Programme of Action, such as coordinating the work of the relevant domestic agencies; organizing the research by relevant agencies on ways to improve the marking of, and record-keeping systems for, firearms in accordance with the requirements of the Programme of Action and the Firearms Protocol; promoting the preparatory work for the ratification of the Firearms Protocol; providing the United Nations Department for Disarmament Affairs with information on China's laws and administrative regulations relating to SALW; conducting active exchanges of experience with countries concerned; and raising public awareness about the Programme of Action, as well as China's policies, laws and regulations concerning SALW. Contact information: Name: Address: Postal code: Department of Arms Control and Disarmament, Ministry of Foreign Affairs No. 2, Chaoyangmen Nandajie, Beijing, China Telephone: Fax: Relevant legislation jks4@mfa.gov.cn China has adopted a series of laws, regulations and administrative measures to exercise strict control over the production, stockpiling, transportation, trade, use and confiscation of SALW. Laws (promulgated on 5 July 1996; put into force on 1 October 1996) Criminal China (promulgated and put into force on 1 July 1979; amended on 14 March 1997; put into force on 1 October 1997) Administrative regulations Regulations of the People's Republic of China on the Administration of Militia Equipment (promulgated and put into force on 3 June 1995) Regulations of the People's Republic of China on the Administration of Arms Export (promulgated on 22 October 1997; put into force on 1 January 1998; amended on 15 October 2002)

6 23/06/05 6 KAMEN Arms export control list (promulgated 1 November 2002; put into force 15 November 2002) Regulations of the Chinese People's Liberation Army on the Administration of Military Equipment (promulgated and put into force on 12 January 1995) The relevant regulations can be summarized as follows: Manufacture Distribution Use Export Transport Law / Administrative Regulation Regulations of the People's Republic of China on the Administration of Militia Equipment Regulations of the People's Republic of China on the Administration of Militia Equipment Regulations of the Chinese People's Liberation Army on the Administration of Military Equipment Regulations of the People's Republic of China on the Administration of Arms Export Arms export control list Major content Chapter 3 sets out regulations concerning the manufacturing of firearms for official and civilian use, including specific requirements for manufacturing enterprises, production quantities, technical specifications for manufacturing, and research and design finalization of firearms for civilian use. Chapter 2 regulates the distribution scope of firearms for official and civilian use, the limits of authority to approve and certify distribution of firearms for official use, and the verification and certification procedures for distribution of firearms for civilian use. Chapter 3 regulates the scope and limits of authority to allocate or re-allocate weapons for the use of the People's Militia. Chapter 4 sets out regulations on the use of firearms. According to the Regulations, the use of weapons and ammunition by the People's Militia should be accompanied with permits for carrying the weapons and ammunition as well as passes for the person carrying such weapons and ammunition. Articles 26 to 35 of Chapter 4 set out specific regulations on the use of firearms and ammunitions by the People's Militia. Relevant chapters set out regulations on distribution, offensive use, general use, and stockpiling of weaponry by the armed forces. See item 7 ("Export controls) below for details. Chapter 5 regulates the approval of firearms - transport permits as well as methods of firearms transport. Chapter 6 regulates the approval procedures for carrying firearms into or out of China. 4. Law-enforcement measures and legal liability 1. The relevant Chinese laws and administrative regulations explicitly criminalize, and set forth stringent punitive measures for, the illicit production, trafficking or transport of firearms and ammunition. Specific provisions are as follows:

7 23/06/05 7 KAMEN Manufacture Distribution Use Export Transport Law / Administrative Regulation Criminal Law of the People's Republic of China Regulations of the People's Republic of China on the Administration of Militia Equipment Criminal Law of the People's Republic of China Regulations of the People's Republic of China on the Administration of Arms Export Relevant provisions Chapter 2, Articles 125 and 126 specify that the illicit manufacture of firearms constitutes a crime, and impose penalties of fixed-term imprisonment, execution or fines. Chapter 7, Articles 39 and 40 specify that those who engage in the unauthorized or illicit manufacture of firearms are subject to administrative penalties or investigation for criminal liability in accordance with the Criminal Law. Chapter 7, Article 44 specifies that those who fail to follow statutory technical standards in manufacturing firearms be subject to warnings or detention pending investigation of criminal liability. Chapter 8, Article 30 provides for the application of administrative disciplinary measures, punishment in respect to management of public security, and/or prosecution for criminal liability for the unauthorized manufacture of militia equipment. Chapter 7, Articles 41, 43 and 45 specify administrative punishment or prosecution for criminal liability for the illicit possession or disposal of firearms. Chapter 2, Articles 127 to 130 specify punitive measures including short-term penal detention, public surveillance, fixed-term imprisonment, or life imprisonment, up to and including the death penalty, for the theft, theft at gunpoint, illicit possession, private storing, leasing, or carrying of firearms, and for the loss of a firearm intended for official use. Chapter 7, Articles 43 and 47 specify punishment in respect to management of public security, or prosecution for criminal liability, for violations of firearms -control regulations. Chapter 5 specifies relevant legal liability, including administrative punishment and prosecution for criminal liability, for violation of the Regulations. Chapter 7, Article 41 specifies that the illicit transport or carriage of firearms into or out of China are to be prosecuted for criminal liability in accordance with the Decision of the Supplementary Stipulations of the Standing Committee of the National People's Congress on Punishing the Crime of Smuggling. 2. Implementing Security Council arms -embargo resolutions The Chinese Government strictly implements the resolutions of the United Nations Security Council regarding arms embargoes. When such a resolution is passed at the United Nations, the Ministry of Foreign Affairs immediately issues a sanctions notice requesting all relevant agencies to take effective measures to fully comply with the resolution.

8 23/06/05 8 KAMEN 5. Stockpile management China has established strict and standardized procedures for management of stockpiled SALW, which are stored at special secure warehouses equipped with alarm systems, steel doors, steel windows, and steel storage cabinets. The warehouses are secured by two separate locks, to which no one person has access to both keys, and guarded by specially-trained security personnel. The inventories are registered and regularly accounted for. 6. Confiscation and destruction China firmly cracks down on firearms -related crimes. In accordance with the provisions of the and similar legislation, all illicit or decommissioned firearms are confiscated or collected for destruction. Since 1996, China's public-security agencies have launched a series of nationwide special campaigns to confiscate illicit firearms, and have achieved remarkable success. From 1996 to 2004, a total of more than four million firearms were confiscated and destroyed; 30,000 of which were firearms for military use. The rate of crimes involving guns has been decreasing year by year. 7. Export controls China firmly opposes the illicit manufacturing and transfer of SALW, and takes a cautious and responsible approach towards the manufacturing and transfer of conventional arms, including SALW. China has adopted specific policies in this regard, and is constantly improving relevant laws and administrative regulations to exert strict controls on the import and export of SALW. In October 2002, China amended the Regulations of the People's Republic of China on the Administration of Arms Export promulgated in October 1997, and produced an Export Control List as its annex, to further strengthen controls over the export of conventional arms, including SALW. Major provisions of the Regulations of the People's Republic of China on the Administration of Arms Export: Essential principles governing arms exports Unified administrative system for arms exports Arms export licensing system Export should be conducive to the legitimate self-defence capability of the recipient country; Export should not undermine the peace, security or stability of the region concerned or the world as a whole; Export should not be used as a means of interfering in the internal affairs of the recipient country. (Chapter 1, Article 5) All companies engaging in arms trade shall obtain, in accordance with law, arms -export business authorizations and shall operate within the scope of business authorized; arms -export business authorizations are subject to examination and approval by the competent national agencies. No entity or organization shall engage in any business activity related to arms export unless it has been duly authorized to do so. Individual persons are prohibited from engaging in arms export activities. (Chapter 1, Article 5; Chapter 2; Chapter 4, Article 20) Export categories and contracts are subject to examination and approval by the competent national agencies, and arms trading companies shall submit valid certification documents from the recipient country, including end-user certificates. Prior to shipment, arms exporters shall apply to the competent national authorities for export licenses on the basis of the approval documents for the export contracts; the Customs authorities shall assess declarations on the basis of the export license, and inspect and clear the shipment in accordance with the relevant State regulations. (Chapter 3)

9 23/06/05 9 KAMEN Punitive measures Punitive measures against violations of the provisions of these Regulations are stringent. Violations constituting crimes will be prosecuted for criminal liability. (Chapter 5) 8. Brokering administration Legally speaking, arms brokers are prohibited in China. In accordance with the Regulations on the Administration of Arms Export, all arms trading activities in China are carried out exclusively by companies that have been specifically designated and authorized to do so by the State. Engagement in such activity by any other entity or individual is illegal. 9. Marking In China, each SALW is stamped with a special mark at the time of manufacture, containing information on weapon type, manufacturer code, production serial number, and year produced, thus ensuring that the competent national agencies are able to identify and trace that SALW. As specified in Article 28 of the, enterprises manufacturing firearms for civilian use are required to cast the name of the manufacturer, weapontype code and serial number in a designated location on each weapon. In accordance with the requirements of the Firearms Protocol and the Programme of Action, China is currently in the process of further optimizing its marking system, adding its country code, improving the relevant standards, and studying anti-counterfeiting techniques in order to make SALW produced in China easier to identify and trace. 10. Record-keeping In China, the manufacturers of SALW keep detailed records of the SALW they produce, and these records are preserved on a long-term basis. Complete records and record-keeping systems have been established at each stage of SALW circulation from manufacturers to end-users to ensure that all necessary information is accounted for, and specialized information systems for monitoring SALW production and movement are commonly used among enterprises in this field. Moreover, China s public-security authorities have concluded the research and development of the Information System for Firearms Regulation. After the current pilot stage to evaluate its effectiveness, the system will be pro moted for broader application. 11. Raising public awareness The relevant agencies of the Chinese Government publicize SALW -related regulations on a timely basis and issue reports on the destruction of illicit SALW. To enhance effectiveness in raising public awareness in this regard, various mass media including television, radio and the Internet are widely used. SALW -related laws, regulations and administrative rules are published as soon as they are passed, and the relevant texts are made available for reference on Government websites. In late 2002, a feature article entitled "Promote Multilateral Small Arms Process and Maintain International Peace and Stability" was published in the Guangming Daily, PLA Daily and other major domestic newspapers, further raising public awareness of the grave consequences of the illicit trade in SALW. B. At the global and regional levels China actively participates in efforts at the global and regional levels to promote the implementation of the Programme of Action, and has made contributions of its own: 1. International cooperation The Chinese Government has consistently attached great importance to combating transnational organized crime, and has actively advocated the attainment of this goal through

10 23/06/05 10 KAMEN international cooperation. China ratified the United Nations Convention against Transnational Organized Crime in August The Chinese Government supported and actively took part in the drafting, negotiation and conclusion of the Firearms Protocol supplementing the United Nations Convention against Transnational Organized Crime. In December 2002, China signed the Firearms Protocol and is now actively preparing for its ratification. China has also constructively participated in the negotiations on an international instrument to enable States to identify and trace illicit SALW in a timely and reliable manner. It is ready to work with all parties to ensure positive results in the negotiations of the working group. China is actively participating in discussions being held by the United Nations on combating the illicit brokering of SALW. In 2003, the Chinese Government donated US$10,000 to the Trust Fund for the UN Disarmament Information Programme, earmarked for United Nations efforts to address SALW problems. The Chinese police authorities actively cooperate with Interpol, and have provided assistance in identifying and tracing firearms. 2. Other exchanges and cooperation The Chinese Government has provided the United Nations Department for Disarmament Affairs with relevant information on such laws and administrative regulations as the Law of the People's Republic of, the Regulations of the People's Republic of China on the Administration of Militia Equipment, and the Regulations of the People's Republic of China on the Administration of Arms Export. In bilateral discussions with countries concerned, China actively promotes exchanges of views on implementation of the Programme of Action with other countries concerned. The Public Security, Customs and other competent agencies of the Chinese Government maintain frequent professional contacts with their foreign counterparts. 3. Support for and participation in related regional and global initiatives In accordance with the Beijing Declaration issued at the 2000 Ministerial Conference of the China-Africa Cooperation Forum, China has continuously intensified bilateral cooperation against the illicit proliferation, transfer and trafficking of SALW. China is actively participating in efforts within the Shanghai Cooperation Organization and the ASEAN "10+3" frameworks to combat the illicit trade in SALW. At the January 2002 Tokyo follow-up meeting to the United Nations Conference on SALW, an official of the Chinese Government delivered a keynote address on the role of the United Nations Programme of Action on SALW and elaborated China s positions on relevant issues. In July 2002, a Chinese official attended a regional meeting on the implementation of the Programme of Action held in Manila, Philippines, and participated in an exchange of views on ways to promote the implementation of the Programme of Action in the region. In October 2002, an official from the Permanent Mission of China in Geneva participated as an observer in activities of the Geneva Forum initiative on SALW. In January 2003, Chinese officials attended a meeting in London to discuss export controls for SALW. At a regional workshop on SALW held in Bali, Indonesia in February 2003, a Chinese official delivered a statement on the export license system and marking, providing a comprehensive introduction to Chinese practices in the area of SALW manufacturing and trade, as well as China's current licensing system and weapons-marking practices.

11 23/06/05 11 KAMEN In April 2003, Chinese officials attended an international workshop on SALW brokering in Oslo, jointly sponsored by Norway and the Netherlands. In 2005, China donated US$ 21,800 to the Organization of American States through the China-OAS Cooperation Fund, earmarked for financing meetings in the region on prohibiting the illicit trade in firearms. In April 2005, China, along with the United Nations, Japan and Switzerland, co-sponsored an international workshop on SALW, at which views were exchanged and positive results achieved on a range of topics including ways to deal with the challenges to combating the illicit trade in SALW, promoting the implementation of the Programme of Action, negotiations on identification and tracing of SALW, and the problem of illicit brokering.