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12.c. Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime

New York, 31 May 2001

 

Entry into force: 3 July 2005, in accordance with article 18 (1) which reads as follows: "1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that is shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 2. For each State or gerional economi integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of thefortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocole enters into force pursuant to paragraph 1 of this article, whichever is the later.".
Registration: 3 July 2005, No. 39574.
Status: Signatories: 52 ,Parties: 67.
Text: Doc. A/55/383/Add.2; depositary notification C.N.959.2002.TREATIES-24 of 6 September 2002 (Correction to the English text of the original of the Protocol); C.N.1321.2003.TREATIES-10 of 21 November 2003 (Algeria: Proposed correction to the authentic Arabic text of the Protocol and C.N.105.2004.TREATIES-2 of 12 February 2004 (Correction to the Arabic text of the original of the Protocol). 

Note: The Protocol was adopted by resolution 55/255 of 31 May 2001 at the fifty-fifth session of the General Assembly of the United Nations.

In accordance with its article 17, paragraphs 1 and 2, the Protocol will be open for signature by all States and by regional economic integration organizations, provided that at least one member State of such organization has signed the Protocol, from 2 July 2001 to 12 December 2002, at United Nations Headquarters in New York.

 

 

PARTICIPANTS


Participant  Signature  Ratification, Acceptance (A), Approval (AA), Accession (a), Succession (d) 
Algeria    25 Aug 2004 a 
Argentina  7 Oct 2002  18 Dec 2006 
Australia  21 Dec 2001   
Austria  12 Nov 2001   
Azerbaijan    3 Dec 2004 a 
Barbados  26 Sep 2001   
Belarus    6 Oct 2004 a 
Belgium  11 Jun 2002  24 Sep 2004 
Benin  17 May 2002  30 Aug 2004 
Brazil  11 Jul 2001  31 Mar 2006 
Bulgaria  15 Feb 2002  6 Aug 2002 
Burkina Faso  17 Oct 2001  15 May 2002 
Cambodia    12 Dec 2005 a 
Canada  20 Mar 2002   
Cape Verde    15 Jul 2004 a 
Central African Republic    6 Oct 2006 a 
China  9 Dec 2002   
Costa Rica  12 Nov 2001  9 Sep 2003 
Croatia    7 Feb 2005 a 
Cuba    9 Feb 2007 a 
Cyprus  14 Aug 2002  6 Aug 2003 
Democratic Republic of the Congo    28 Oct 2005 a 
Denmark  27 Aug 2002   
Dominican Republic  15 Nov 2001   
Ecuador  12 Oct 2001   
El Salvador  15 Aug 2002  18 Mar 2004 
Estonia  20 Sep 2002  12 May 2004 
European Community  16 Jan 2002   
Finland  23 Jan 2002   
Germany  3 Sep 2002   
Greece  10 Oct 2002   
Grenada    21 May 2004 a 
Guatemala    1 Apr 2004 a 
Iceland  15 Nov 2001   
India  12 Dec 2002   
Italy  14 Nov 2001  2 Aug 2006 
Jamaica  13 Nov 2001  29 Sep 2003 
Japan  9 Dec 2002   
Kenya    5 Jan 2005 a 
Kuwait    30 Jul 2007 a 
Lao People's Democratic Republic    26 Sep 2003 a 
Latvia    28 Jul 2004 a 
Lebanon  26 Sep 2002  13 Nov 2006 
Lesotho    24 Sep 2003 a 
Liberia    22 Sep 2004 a 
Libyan Arab Jamahiriya  13 Nov 2001  18 Jun 2004 
Lithuania  12 Dec 2002  24 Feb 2005 
Luxembourg  11 Dec 2002   
Madagascar  13 Nov 2001  15 Sep 2005 
Malawi    17 Mar 2005 a 
Mali  11 Jul 2001  3 May 2002 
Mauritania    22 Jul 2005 a 
Mauritius    24 Sep 2003 a 
Mexico  31 Dec 2001  10 Apr 2003 
Moldova    28 Feb 2006 a 
Monaco  24 Jun 2002   
Montenegro1    23 Oct 2006 d 
Mozambique    20 Sep 2006 a 
Nauru  12 Nov 2001   
Netherlands    8 Feb 2005 a 
Nicaragua    2 Jul 2007 a 
Nigeria  13 Nov 2001  3 Mar 2006 
Norway  10 May 2002  23 Sep 2003 
Oman    13 May 2005 a 
Panama  5 Oct 2001  18 Aug 2004 
Paraguay    27 Sep 2007 a 
Peru    23 Sep 2003 a 
Poland  12 Dec 2002  4 Apr 2005 
Portugal  3 Sep 2002   
Republic of Korea  4 Oct 2001   
Romania    16 Apr 2004 a 
Rwanda    4 Oct 2006 a 
Saint Kitts and Nevis    21 May 2004 a 
Sao Tome and Principe    12 Apr 2006 a 
Senegal  17 Jan 2002  7 Apr 2006 
Serbia    20 Dec 2005 a 
Seychelles  22 Jul 2002   
Sierra Leone  27 Nov 2001   
Slovakia  26 Aug 2002  21 Sep 2004 
Slovenia  15 Nov 2001  21 May 2004 
South Africa  14 Oct 2002  20 Feb 2004 
Spain    9 Feb 2007 a 
Sweden  10 Jan 2002   
The Former Yugoslav Republic of Macedonia    14 Sep 2007 a 
Trinidad and Tobago    6 Nov 2007 a 
Tunisia  10 Jul 2002   
Turkey  28 Jun 2002  4 May 2004 
Turkmenistan    28 Mar 2005 a 
Uganda    9 Mar 2005 a 
United Kingdom of Great Britain and Northern Ireland  6 May 2002   
United Republic of Tanzania    24 May 2006 a 
Zambia    24 Apr 2005 a 
 

 

DECLARATIONS


Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, acceptance, approval or accession.)

Algeria

Reservation and declaration :

Reservation:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 16, paragraph 2 of this Protocol, which provides that any dispute between two or more States Parties concerning the interpretation or application of the Protocol that cannot be settled through negotiation shall, at the request of one of those States Parties, be submitted to arbitration or to the International Court of Justice.

The Government of the People's Democratic Republic of Algeria considers that no dispute of such nature may be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute.

Declaration:

The ratification of this Protocol by the People's Democratic Republic of Algeria does not in any way signify recognition of Israel.

The present ratification may not be interpreted as leading to the establishment of relations of any kind with Israel.

Argentina

Upon signature:

Declaration:

The Argentine Republic declares that, in relation to article 2, the provisions of the Protocol shall be without prejudice to the right of the Argentine Republic to adopt, at the domestic level, stricter provisions designed to fulfil the objectives of the Protocol of preventing, combating and eradicating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Azerbaijan

Declaration and reservation:

"The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of this Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation..."

"With regard to Article 16, paragraph 3, of the Protocol, the Republic of Azerbaijan does not consider itself bound by paragraph 2 of Article 16."

Belgium

Reservation:

The Government of Belgium makes the following reservation concerning article 4, paragraph 2 of the Additional Protocol: the activities of armed forces during a period of armed conflict, in the sense given these terms under international humanitarian law, which are governed by this law, are not governed by the present Protocol.

Reservation :

In accordance with the provisions of article 16, paragraph 3, of the Protocol, [Cuba] declares that it does not consider itself bound by paragraph 2 of said article, which refers to the settlement of disputes between two or more States Parties.

El Salvador

Upon signature:

Reservation:

The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 16, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.

Upon ratification:

Reservation:

With regard to article 16, paragraph 3, of the Protocol, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of this article, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.

Interpretative declaration:

Article 3 a)

The Republic of El Salvador, in accordance with its domestic law (Act on Control and Monitoring of Firearms, Ammunition, Explosives and Similar Articles and their Regulation) interprets the following as collector's weapons: weapons of war which have been deactivated; and antique and obsolete weapons and those of historical value which shall not be utilized, subject to technical review by the Ministry of National Defence which shall so certify them; weapons of war: pistols, rifles and carbines with automatic firing action as well as those classified as light and heavy, mines, grenades and military explosives; antique weapons are those which are no longer manufactured and may be registered only for purposes of collection, in accordance with technical certification and prior authorization of the Ministry of National Defence; deactivated weapons: any weapon of war that, for purposes of collection, has been deactivated for its original use, with prior authorization by the Ministry of National Defence; firearm: weapons that, by the use of rimfire or centerfire percussion cartridges, expel projectiles through a smooth or rifled barrel, by means of the expansion of gases produced by the combustion of explosive solids or powder or other flammable material contained in the cartridge; furthermore, for identification purposes, pistols and revolvers shall be marked on the weapon and for rifles, carbines and shotguns, the serial number shall appear on the case of the mechanism; explosives are the combination of various substances and mixtures that produce an exothermic reaction when ignited. Any substance or material which, when struck, subjected to friction, heated or subjected to the effect of a small detonation or a chemical reaction, reacts violently, producing gases at high temperature and pressure that impact anything found in their vicinity; articles similar to firearms or ammunition: any articles or objects made by hand that have similar characteristics or can be used for the same purposes.

Guatemala

Declaration:

The Republic of Guatemala shall provide the information referred to in article 12 of the Protocol in the case of information disclosed by individuals on a confidential basis only in the context of a request for judicial assistance.

Lithuania

Declaration:

".....in accordance with Article 16 (3) of the Protocol, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by paragraph 2, Article 16 of the Protocol providing the settlement of disputes concerning the interpretation and application of this Protocol at the International Court of Justice."

Lao People's Democratic Republic

Reservation:

"In accordance with paragraph 3, Article 16 of the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, Supplementing the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 16 of the present Protocol. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary."

Malawi

Declarations:

"The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol (Article 17 (4));

Further, expressly declares its acceptance of Article 16 (2) on settlement of disputes concerning interpretation and application of this Protocol in consonant with Article 16 (3)."

Moldova

Declaration:

Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

South Africa

Reservation:

"AND WHEREAS pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 16 (2) of the Protocol which provided for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Protocol. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case."

Spain

Declaration:

1. Spain is not opposed to the application of the principle of self-determination in the process of decolonization but wishes to emphasize that the application of the principle of self-determination must be compatible with the principle of the territorial integrity of States. This is particularly relevant in those cases in which a sovereignty dispute exists concerning the territory in question, as is the case with Gibraltar.

2. This position taken by Spain is based on the doctrine established by the United Nations on this point, to be found in General Assembly resolutions 1514 (XV), 2353 (XXII), 2429 (XXIII) and 2625 (XXV), among others.

Tunisia

Upon signature:

Reservation:

.... With a reservation to article 16 (2).

Notifications made under article 13

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, acceptance, approval or accession.)

Azerbaijan

27 January 2005

"... designated the Ministry of Internal Affairs of the Republic of Azerbaijan as the national body."

Belarus

.....in accordance with article 13, paragraph 2 of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, the Ministry of Interior of the Republic of Belarus has been designated as the national authority to maintain contacts between the Republic of Belarus and other States Parties on matters relating to the Protocol.

Belgium

Pursuant to article 13 (2) of the Additional Protocol, the Federal Ministry of Justice, Department of Legislation, Fundamental Rights and Liberties, 115 Boulevard de Waterloo, 1000 Brussels, is designated as the sole contact point.

Cambodia

3 February 2006

"Police Brigadier Gen. NHEAN VIBOL (Chairman)

Address: House No. 275 Preah Norodom Boulevard

Cell phone: (855)-12810-428

Fax: (855) 23-726 052 E-mail: vibolnhean@yahoo.com"

Croatia

"In accordance with Article 13, paragraph 2 of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, the body of contact, to act as liaison with other States Parties on matters relating to the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, shall be the Ministry of the Interior."

El Salvador

With regard to article 13, paragraph 2, of this Protocol and without prejudice to the designation made in accordance with article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime, the Government of the Republic of El Salvador designates the Ministry of National Defence of the Republic of El Salvador as the central point of contact to provide liaison with other States Parties on matters relating to the Protocol.

Latvia

"In accordance with paragraph 2 of Article 13 of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime the Republic of Latvia declares that the competent national authority to provide liaison with other state parties on matters relating to said protocol is:

Ministry of Interior

Raina Boulevard 6

Riga, LV-1505

Latvia

Phone: +6 7219263,

Fax: +6 7271005,

E-mail: kanceleja@iem.gov.lv"

Lithuania

".....in accordance with Article 13 (2) of the Protocol, the Seimas of the Republic of Lithuania declares that the Police Department under the Ministry of the Interior of the Republic of Lithuania is designated as the point of contact to act as liaison between it and other States Parties on matters relating to this Protocol."

Malawi

"The Competent Authority charged with the responsibility of coordinating and the rendering of mutual legal assistance is:

The Principal Secretary Ministry of Home Affairs and Internal Security Private Bag 331, Lilongwe 3. MALAWI Fax: 265 1 789509 Tel: 265 1 789 177.

The Official Language of communication is English."

Norway

"The agency that may act pursuant to Article 13 of the Firearms Protocol as liaison for Norway with regard to the exchange of information between States Parties in connection with the efforts to combat violations of the Firearms Protocol is the National Criminal Investigation Service."

Panama

13 December 2004

.....in accordance with article 13 (2) of the aforementioned Protocol, the Republic of Panama has designated the Ministry of Government and Justice as the national body or single point of contact to act as liaison between it and other States Parties on matters relating to the Protocol.

Poland

"With regard to article 13, paragraph 2 of this Protocol, without prejudice to article 18, paragraph 13 of the Convention, the Government of the Republic of Poland designates the Chief Commander of the Police as the national body to act as a liaison between the Republic of Poland and other States Parties on matters relating to this Protocol."

Romania

"In accordance with Article 13 paragraph 2 of the Protocol, Romania declares that the National Agency for Export Control is the national point of contact designated to liaise with other States Parties in matters relating to the said Protocol."

South Africa

"AND WHEREAS the Secretary-General is hereby notified, in accordance with Article 13 (2) of the Protocol, that the National Commissioner of the South African Police Service has been designated as the single point of contact to liaise with other States Parties on matters relating to the Protocol as required by Article 13 (2) of said Protocol."

Spain

19 March 2007

Ministerio del Interior

Dirección General de la Policía y la Guardia Civil

Intervención Central de Armas y Explosivos

Calle Batalla del Salado, 32

28045 Madrid

Telephone: +34 91 514 2400

Fax: +34 91 514 2409

dg-icae-armas@guardiacivil.org

4 June 2007

MINISTERIO DEL INTERIOR

DIRECCIÓN GENERAL DE LA POLICÍA Y DE LA       GUARDIA CIVIL

Dirección Adjunta Operativa

Intervención Central de Armas y Explosivos

c/ Batalla del Salado, 32

28045 Madrid (España)

Telephone: 34 91 514 2400

Fax: 34 91 514 2411

email: dg-icae@guardiacivil.org. / dg-icae-armas@guardia civil.org

The Former Yugoslav Republic of Macedonia

14 September 2007

"Ministry of Interior of the Republic of Macedonia Department for Organized Crime Address: Dimce Mircev bb - 1000 Skopje, Macedonia Phone: + 389 (0) 23142782 Fax: + 389 (0) 23142872 E-mail: marjan@lowbar;sutinovski@moi.gov.mk."

Turkey

3 June 2005

"National Body: General Command of Gendarmarie

Department of Combatting Smuggling and

Organized Crime

Point of Contact: Senior Colonel Cengiz Yildirim

Head of Department

Department of Cobatting Smuggling and

Organized Crime General Command of Gendarmarie."

Uganda

"...The National Focal Point for the Protocol Against Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition is as follows:

The Coordinator

Uganda National Focal Point on Small Arms and Light

Weapons

P.O.Box 7191

KAMPALA

Telephone No: 256-41-252091

Cell No: 256-71-667720

Fax No: 256-41-252093."

United Republic of Tanzania

9 June 2006

"Point of Contact:

Ministry of Foreign Affairs and International Cooperation

P.O. Box 9000

Dar es Salaam, Tanzania."

 

 

NOTES


1. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.