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)
This Protocol supplements the United Nations Convention against
Transnational Organized Crime (2000). Its
purpose is to strengthen and unify international cooperation and to develop
cohesive mechanisms to prevent, combat and eradicate the illicit manufacturing
of and trafficking in firearms, their parts and components and ammunition
(firearms).
KEY PROVISIONS
Although this Protocol recognizes the rights of a State Party to
take action in the interest of its national security consistent with the Charter
of the United Nations, Parties to the Convention undertake to adopt and
implement the strongest possible legislation to investigate and prosecute the
offences stemming from the illicit manufacturing and trafficking of firearms.
Specific measures include the confiscation, seizure and destruction of
firearms illicitly manufactured or trafficked; maintenance of records for at
least ten years in order to identify and trace firearms; the issuance of
licenses for the import and export of firearms; the marking of firearms
permitting identification of the manufacturer of the firearm, and the country of
and year of import. Parties
undertake to cooperate extensively at the bilateral, regional and international
levels in order to achieve the Protocol’s objectives including providing
training and technical assistance to other Parties. Finally, Parties undertake
to exchange relevant case-specific information on matters such as authorized
producers, dealers, importers, exporters and carriers of firearms as well as
information on organized criminal groups known to take part in the illicit
manufacture and trafficking of such items.
ENTRY INTO FORCE
The Protocol has not yet entered into
force. It shall enter into force on the ninetieth day after the date of deposit
of the fortieth instrument of ratification, acceptance, approval or accession.
HOW TO BECOME A PARTY
The Protocol is open for signature until 12 December 2002.
All States may sign provided they have first signed the United Nations
Convention against Transnational Organized Crime. A regional economic
integration organization may sign provided that at least one member State of
such organization has already signed the Protocol. The Protocol is subject to
ratification, acceptance, approval or accession. A regional economic integration organization may deposit its
instrument of ratification, acceptance, approval or accession if at least one of
its member States has done likewise.
OPTIONAL/MANDATORY DECLARATIONS
A
regional economic integration organization must declare in its instrument of
ratification, acceptance, approval or accession the extent of its competence
with respect to matters governed by this Protocol. Such organizations must also
inform the depositary of any relevant modification in the extent of its
competence.
RESERVATIONS
The Protocol is silent on whether reservations can be made.
WITHDRAWAL/DENUNCIATION
A Party may denounce the Protocol by written notification to the depositary.
Such denunciation shall become effective one year after the date of
receipt of the notification by the depositary.
View the text: English
French