Firearms Convention

INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS

THE STATES PARTIES,

AWARE of the urgent need to prevent, combat, and eradicate the illicit

manufacturing of and trafficking in firearms, ammunition, explosives, and

other related materials, due to the harmful effects of these activities on

the security of each state and the region as a whole, endangering the

well-being of peoples, their social and economic development, and their

right to live in peace;

CONCERNED by the increase, at the international level, in the illicit

manufacturing of and trafficking in firearms, ammunition, explosives, and

other related materials and by the serious problems resulting there from;

REAFFIRMING that States Parties give priority to preventing, combating,

and eradicating the illicit manufacturing of and trafficking in firearms,

ammunition, explosives, and other related materials because of the links

of such activities with drug trafficking, terrorism, transnational

organized crime, and mercenary and other criminal activities;

CONCERNED about the illicit manufacture of explosives from substances and

articles that in and of themselves are not explosives--and that are not

addressed by this Convention due to their other lawful uses--for

activities related to drug trafficking, terrorism, transnational organized

crime and mercenary and other criminal activities;

CONSIDERING the urgent need for all states, and especially those states

that produce, export, and import arms, to take the necessary measures to

prevent, combat, and eradicate the illicit manufacturing of and

trafficking in firearms, ammunition, explosives, and other related

materials;

CONVINCED that combating the illicit manufacturing of and trafficking in

firearms, ammunition, explosives, and other related materials calls for

international cooperation, exchange of information, and other appropriate

measures at the national, regional, and international levels, and desiring

to set a precedent for the international community in this regard;

STRESSING the need, in peace processes and post-conflict situations, to

achieve effective control of firearms, ammunition, explosives, and other

related materials in order to prevent their entry into the illicit market;

MINDFUL of the pertinent resolutions of the United Nations General

Assembly on measures to eradicate the illicit transfer of conventional

weapons and on the need for all states to guarantee their security, and of

the efforts carried out in the framework of the Inter-American Drug Abuse

Control Commission (CICAD);

RECOGNIZING the importance of strengthening existing international law

enforcement support mechanisms such as the International Weapons and

Explosives Tracking System (IWETS) of the International Criminal Police

Organization (INTERPOL), to prevent, combat, and eradicate the illicit

manufacturing of and trafficking in firearms, ammunition, explosives, and

other related materials;

RECOGNIZING that international trade in firearms is particularly

vulnerable to abuses by criminal elements and that a "know-your-customer"

policy for dealers in, and producers, exporters, and importers of,

firearms, ammunition, explosives, and other related materials is crucial

for combating this scourge;

RECOGNIZING that states have developed different cultural and historical

uses for firearms, and that the purpose of enhancing international

cooperation to eradicate illicit transnational trafficking in firearms is

not intended to discourage or diminish lawful leisure or recreational

activities such as travel or tourism for sport shooting, hunting, and

other forms of lawful ownership and use recognized by the States Parties;

RECALLING that States Parties have their respective domestic laws and

regulations in the areas of firearms, ammunition, explosives, and other

related materials, and recognizing that this Convention does not commit

States Parties to enact legislation or regulations pertaining to firearms

ownership, possession, or trade of a wholly domestic character, and

recognizing that States Parties will apply their respective laws and

regulations in a manner consistent with this Convention;

REAFFIRMING the principles of sovereignty, nonintervention, and the

juridical equality of states,

HAVE DECIDED TO ADOPT THIS INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS:

Article I

Definitions

For the purposes of this Convention, the following definitions shall

apply:

1. "Illicit manufacturing": the manufacture or assembly of firearms,

ammunition, explosives, and other related materials:

a. from components or parts illicitly trafficked; or

b. without a license from a competent governmental authority of the

State Party where the manufacture or assembly takes place; or

c. without marking the firearms that require marking at the time of

manufacturing.

2. "Illicit trafficking": the import, export, acquisition, sale, delivery,

movement, or transfer of firearms, ammunition, explosives, and other

related materials from or across the territory of one State Party to that

of another State Party, if any one of the States Parties concerned does

not authorize it.

3. "Firearms":

a. any barreled weapon which will or is designed to or may be readily

converted to expel a bullet or projectile by the action of an explosive,

except antique firearms manufactured before the 20th Century or their

replicas; or

b. any other weapon or destructive device such as any explosive,

incendiary or gas bomb, grenade, rocket, rocket launcher, missile,

missile system, or mine.

4. "Ammunition": the complete round or its components, including cartridge

cases, primers, propellant powder, bullets, or projectiles that are used

in any firearm.

5. "Explosives": any substance or article that is made, manufactured, or

used to produce an explosion, detonation, or propulsive or pyrotechnic

effect, except:

a. substances and articles that are not in and of themselves explosive;

or

b. substances and articles listed in the Annex to this Convention.

6. "Other related materials": any component, part, or replacement part of

a firearm, or an accessory which can be attached to a firearm.

7. "Controlled delivery": the technique of allowing illicit or suspect

consignments of firearms, ammunition, explosives, and other related

materials to pass out of, through, or into the territory of one or more

states, with the knowledge and under the supervision of their competent

authorities, with a view to identifying persons involved in the commission

of offenses referred to in Article IV of this Convention.

Article II

Purpose

The purpose of this Convention is:

to prevent, combat, and eradicate the illicit manufacturing of and

trafficking in firearms, ammunition, explosives, and other related

materials;

to promote and facilitate cooperation and exchange of information and

experience among States Parties to prevent, combat, and eradicate the

illicit manufacturing of and trafficking in firearms, ammunition,

explosives, and other related materials.

Article III

Sovereignty

1. States Parties shall carry out the obligations under this Convention in

a manner consistent with the principles of sovereign equality and

territorial integrity of states and that of nonintervention in the

domestic affairs of other states.

2. A State Party shall not undertake in the territory of another State

Party the exercise of jurisdiction and performance of functions which are

exclusively reserved to the authorities of that other State Party by its

domestic law.

Article IV

Legislative Measures

1. States Parties that have not yet done so shall adopt the necessary

legislative or other measures to establish as criminal offenses under

their domestic law the illicit manufacturing of and trafficking in

firearms, ammunition, explosives, and other related materials.

2. Subject to the respective constitutional principles and basic concepts

of the legal systems of the States Parties, the criminal offenses

established pursuant to the foregoing paragraph shall include

participation in, association or conspiracy to commit, attempts to commit,

and aiding, abetting, facilitating, and counseling the commission of said offenses.

Article V

Jurisdiction

1. Each State Party shall adopt such measures as may be necessary to

establish its jurisdiction over the offenses it has established in

accordance with this Convention when the offense in question is committed

in its territory.

2. Each State Party may adopt such measures as may be necessary to

establish its jurisdiction over the offenses it has established in

accordance with this Convention when the offense is committed by one of

its nationals or by a person who habitually resides in its territory.

3. Each State Party shall adopt such measures as may be necessary to

establish its jurisdiction over the offenses it has established in

accordance with this Convention when the alleged criminal is present in

its territory and it does not extradite such person to another country on

the ground of the nationality of the alleged criminal.

4. This Convention does not preclude the application of any other rule of

criminal jurisdiction established by a State Party under its domestic law.

Article VI

Marking of Firearms

1. For the purposes of identification and tracing of the firearms referred

to in Article I.3.a, States Parties shall:

a. require, at the time of manufacture, appropriate markings of the name

of manufacturer, place of manufacture, and serial number;

b. require appropriate markings on imported firearms permitting the

identification of the importer's name and address; and

c. require appropriate markings on any firearms confiscated or forfeited

pursuant to Article VII.1 that are retained for official use.

2. The firearms referred to in Article I.3.b should be marked

appropriately at the time of manufacture, if possible.

Article VII

Confiscation or Forfeiture

1. States Parties undertake to confiscate or forfeit firearms, ammunition,

explosives, and other related materials that have been illicitly

manufactured or trafficked.

2. States Parties shall adopt the necessary measures to ensure that all

firearms, ammunition, explosives, and other related materials seized,

confiscated, or forfeited as the result of illicit manufacturing or

trafficking do not fall into the hands of private individuals or

businesses through auction, sale, or other disposal.

Article VIII

Security Measures

States Parties, in an effort to eliminate loss or diversion, undertake to

adopt the necessary measures to ensure the security of firearms,

ammunition, explosives, and other related materials imported into,

exported from, or in transit through their respective territories.

Article IX

Export, Import, and Transit Licenses or Authorizations

1. States Parties shall establish or maintain an effective system of

export, import, and international transit licenses or authorizations for

transfers of firearms, ammunition, explosives, and other related

materials.

2. States Parties shall not permit the transit of firearms, ammunition,

explosives, and other related materials until the receiving State Party

issues the corresponding license or authorization.

3. States Parties, before releasing shipments of firearms, ammunition,

explosives, and other related materials for export, shall ensure that the

importing and in-transit countries have issued the necessary licenses or

authorizations.

4. The importing State Party shall inform the exporting State Party, upon

request, of the receipt of dispatched shipments of firearms, ammunition,

explosives, and other related materials.

Article X

Strengthening of Controls at Export Points

Each State Party shall adopt such measures as may be necessary to detect

and prevent illicit trafficking in firearms, ammunition, explosives, and

other related materials between its territory and that of other States

Parties, by strengthening controls at export points.

Article XI

Recordkeeping

States Parties shall assure the maintenance for a reasonable time of the

information necessary to trace and identify illicitly manufactured and

illicitly trafficked firearms to enable them to comply with their

obligations under Articles XIII and XVII.

Article XII

Confidentiality

Subject to the obligations imposed by their Constitutions or any

international agreements, the States Parties shall guarantee the

confidentiality of any information they receive, if requested to do so by

the State Party providing the information. If for legal reasons such

confidentiality cannot be maintained, the State Party that provided the

information shall be notified prior to its disclosure.

Article XIII

Exchange of Information

1. States Parties shall exchange among themselves, in conformity with

their respective domestic laws and applicable treaties, relevant

information on matters such as:

a. authorized producers, dealers, importers, exporters, and, whenever

possible, carriers of firearms, ammunition, explosives, and other

related materials;

b. the means of concealment used in the illicit manufacturing of or

trafficking in firearms, ammunition, explosives, and other related

materials, and ways of detecting them;

c. routes customarily used by criminal organizations engaged in illicit

trafficking in firearms, ammunition, explosives, and other related

materials;

d. legislative experiences, practices, and measures to prevent, combat,

and eradicate the illicit manufacturing of and trafficking in firearms,

ammunition, explosives, and other related materials; and

e. techniques, practices, and legislation to combat money laundering

related to illicit manufacturing of and trafficking in firearms,

ammunition, explosives, and other related materials.

2. States Parties shall provide to and share with each other, as

appropriate, relevant scientific and technological information useful to

law enforcement, so as to enhance one another's ability to prevent,

detect, and investigate the illicit manufacturing of and trafficking in

firearms, ammunition, explosives, and other related materials and

prosecute those involved therein.

3. States Parties shall cooperate in the tracing of firearms, ammunition,

explosives, and other related materials which may have been illicitly

manufactured or trafficked. Such cooperation shall include accurate and

prompt responses to trace requests.

Article XIV

Cooperation

1. States Parties shall cooperate at the bilateral, regional, and

international levels to prevent, combat, and eradicate the illicit

manufacturing of and trafficking in firearms, ammunition, explosives, and

other related materials.

2. States Parties shall identify a national body or a single point of

contact to act as liaison among States Parties, as well as between them

and the Consultative Committee established in Article XX, for purposes of

cooperation and information exchange.

Article XV

Exchange of Experience and Training

1. States Parties shall cooperate in formulating programs for the exchange of experience and training among competent officials, and shall provide

each other assistance that would facilitate their respective access to

equipment or technology proven to be effective for the implementation of

this Convention.

2. States Parties shall cooperate with each other and with competent

international organizations, as appropriate, to ensure that there is

adequate training of personnel in their territories to prevent, combat,

and eradicate the illicit manufacturing of and trafficking in firearms,

ammunition, explosives, and other related materials. The subject matters

of such training shall include, inter alia:

a. identification and tracing of firearms, ammunition, explosives, and

other related materials;

b. intelligence gathering, especially that which relates to

identification of illicit manufacturers and traffickers, methods of

shipment, and means of concealment of firearms, ammunition, explosives,

and other related materials; and

c. improvement of the efficiency of personnel responsible for searching

for and detecting, at conventional and nonconventional points of entry

and exit, illicitly trafficked firearms, ammunition, explosives, and

other related materials.

Article XVI

Technical Assistance

States Parties shall cooperate with each other and with relevant

international organizations, as appropriate, so that States Parties that

so request receive the technical assistance necessary to enhance their

ability to prevent, combat, and eradicate the illicit manufacturing of and

trafficking in firearms, ammunition, explosives, and other related

materials, including technical assistance in those matters identified in

Article XV.2.

Article XVII

Mutual Legal Assistance

1. States Parties shall afford one another the widest measure of mutual

legal assistance, in conformity with their domestic law and applicable

treaties, by promptly and accurately processing and responding to requests

from authorities which, in accordance with their domestic law, have the

power to investigate or prosecute the illicit activities described in this

Convention, in order to obtain evidence and take other necessary action to

facilitate procedures and steps involved in such investigations or

prosecutions.

2. For purposes of mutual legal assistance under this article, each Party

may designate a central authority or may rely upon such central

authorities as are provided for in any relevant treaties or other

agreements. The central authorities shall be responsible for making and

receiving requests for mutual legal assistance under this article, and

shall communicate directly with each other for the purposes of this

article.

Article XVIII

Controlled Delivery

1. Should their domestic legal systems so permit, States Parties shall

take the necessary measures, within their possibilities, to allow for the

appropriate use of controlled delivery at the international level, on the

basis of agreements or arrangements mutually consented to, with a view to

identifying persons involved in the offenses referred to in Article IV and

to taking legal action against them.

2. Decisions by States Parties to use controlled delivery shall be made on

a case-by-case basis and may, when necessary, take into consideration

financial arrangements and understandings with respect to the exercise of

jurisdiction by the States Parties concerned.

3. With the consent of the States Parties concerned, illicit consignments

under controlled delivery may be intercepted and allowed to continue with

the firearms, ammunition, explosives, and other related materials intact

or removed or replaced in whole or in part.

Article XIX

Extradition

1. This article shall apply to the offenses referred to in Article IV of

this Convention.

2. Each of the offenses to which this article applies shall be deemed to

be included as an extraditable offense in any extradition treaty in force

between or among the States Parties. The States Parties undertake to

include such offenses as extraditable offenses in every extradition treaty

to be concluded between or among them.

3. If a State Party that makes extradition conditional on the existence of

a treaty receives a request for extradition from another State Party with

which it does not have an extradition treaty, it may consider this

Convention as the legal basis for extradition with respect to any offense

to which this article applies.

4. States Parties that do not make extradition conditional on the

existence of a treaty shall recognize offenses to which this article

applies as extraditable offenses between themselves.

5. Extradition shall be subject to the conditions provided for by the law

of the Requested State or by applicable extradition treaties, including

the grounds on which the Requested State may refuse extradition.

6. If extradition for an offense to which this article applies is refused

solely on the basis of the nationality of the person sought, the Requested

State Party shall submit the case to its competent authorities for the

purpose of prosecution under the criteria, laws, and procedures applied by

the Requested State to those offenses when they are committed in its own

territory. The Requested and Requesting States Parties may, in accordance

with their domestic laws, agree otherwise in relation to any prosecution

referred to in this paragraph.

Article XX

Establishment and Functions of the Consultative Committee

1. In order to attain the objectives of this Convention, the States

Parties shall establish a Consultative Committee responsible for:

a. promoting the exchange of information contemplated under this

Convention;

b. facilitating the exchange of information on domestic legislation and

administrative procedures of the States Parties;

c. encouraging cooperation between national liaison authorities to

detect suspected illicit exports and imports of firearms, ammunition,

explosives, and other related materials;

d. promoting training and exchange of knowledge and experience among

States Parties and technical assistance between States Parties and

relevant international organizations, as well as academic studies;

e. requesting from nonparty states, when appropriate, information on the

illicit manufacturing of and trafficking in firearms, ammunition,

explosives, and other related materials; and

f. promoting measures to facilitate the application of this Convention.

2. Decisions of the Consultative Committee shall be recommendatory in

nature.

3. The Consultative Committee shall maintain the confidentiality of any

information it receives in the exercise of its functions, if requested to

do so.

Article XXI

Structure and Meetings of the Consultative Committee

1. The Consultative Committee shall consist of one representative of each

State Party.

2. The Consultative Committee shall hold one regular meeting each year and

shall hold special meetings as necessary.

3. The first regular meeting of the Consultative Committee shall be held

within 90 days following deposit of the 10th instrument of ratification of

this Convention. This meeting shall be held at the headquarters of the

General Secretariat of the Organization of American States, unless a State

Party has offered to host it.

4. The meetings of the Consultative Committee shall be held at a place

decided upon by the States Parties at the previous regular meeting. If no

offer of a site has been made, the Consultative Committee shall meet at

the headquarters of the General Secretariat of the Organization of

American States.

5. The host State Party for each regular meeting shall serve as

Secretariat pro tempore of the Consultative Committee until the next

regular meeting. When a regular meeting is held at the headquarters of the

General Secretariat of the Organization of American States, a State Party

that will serve as Secretariat pro tempore shall be elected at that

meeting.

6. In consultation with the States Parties, the Secretariat pro tempore

shall be responsible for:

a. convening regular and special meetings of the Consultative Committee;

b. preparing a draft agenda for the meetings; and

c. preparing the draft reports and minutes of the meetings.

7. The Consultative Committee shall prepare its own internal rules of

procedure and shall adopt them by absolute majority.

Article XXII

Signature

This Convention is open for signature by member states of the Organization

of American States.

Article XXIII

Ratification

This Convention is subject to ratification. The instruments of

ratification shall be deposited with the General Secretariat of the

Organization of American States.

Article XXIV

Reservations

States Parties may, at the time of adoption, signature, or ratification,

make reservations to this Convention, provided that said reservations are

not incompatible with the object and purposes of the Convention and that

they concern one or more specific provisions thereof.

Article XXV

Entry into Force

This Convention shall enter into force on the 30th day following the date

of deposit of the second instrument of ratification. For each state

ratifying the Convention after the deposit of the second instrument of

ratification, the Convention shall enter into force on the 30th day

following deposit by such state of its instrument of ratification.

Article XXVI

Denunciation

1. This Convention shall remain in force indefinitely, but any State Party

may denounce it. The instrument of denunciation shall be deposited with

the General Secretariat of the Organization of American States. After six

months from the date of deposit of the instrument of denunciation, the

Convention shall no longer be in force for the denouncing State, but shall

remain in force for the other States Parties.

2. The denunciation shall not affect any requests for information or

assistance made during the time the Convention is in force for the

denouncing State.

Article XXVII

Other Agreements and Practices

1. No provision in this Convention shall be construed as preventing the

States Parties from engaging in mutual cooperation within the framework of

other existing or future international, bilateral, or multilateral

agreements, or of any other applicable arrangements or practices.

2. States Parties may adopt stricter measures than those provided for by

this Convention if, in their opinion, such measures are desirable to

prevent, combat, and eradicate the illicit manufacturing of and

trafficking in firearms, ammunition, explosives, and other related

materials.

Article XXVIII

Conference of States Parties

Five years after the entry into force of this Convention, the depository

shall convene a conference of the States Parties to examine the

functioning and application of this Convention. Each conference shall

determine the date on which the next conference should be held.

Article XXIX

Dispute Settlement

Any dispute that may arise as to the application or interpretation of this

Convention shall be resolved through diplomatic channels or, failing

which, by any other means of peaceful settlement decided upon by the

States Parties involved.

Article XXX Deposit

The original instrument of this Convention, the English, French,

Portuguese, and Spanish texts of which are equally authentic, shall be

deposited with the General Secretariat of the Organization of American

States, which shall forward an authenticated copy of its text to the

Secretariat of the United Nations for registration and publication, in

accordance with Article 102 of the United Nations Charter. The General

Secretariat of the Organization of American States shall notify the member

states of the Organization of the signatures, of the deposits of

instruments of ratification and denunciation, and of any reservations.

ANNEX

The term "explosives" does not include: compressed gases; flammable

liquids; explosive actuated devices, such as air bags and fire

extinguishers; propellant actuated devices, such as nail gun cartridges;

consumer fireworks suitable for use by the public and designed primarily

to produce visible or audible effects by combustion, that contain

pyrotechnic compositions and that do not project or disperse dangerous

fragments such as metal, glass, or brittle plastic; toy plastic or paper

caps for toy pistols; toy propellant devices consisting of small paper or

composition tubes or containers containing a small charge or slow burning

propellant powder designed so that they will neither burst nor produce

external flame except through the nozzle on functioning; and smoke

candles, smokepots, smoke grenades, smoke signals, signal flares, hand

signal devices, and Very signal cartridges designed to produce visible

effects for signal purposes containing smoke compositions and no bursting

charges.

13