Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials in United States

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 therefrom;

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 forinternational 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 illicitmanufacturing 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 1.3.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 1.3.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.