On the Ratification 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

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On the Ratification 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

Law of the Republic of Kazakhstan dated June 4, 2008 No. 39-IV

To ratify 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, adopted in New York on May 31, 2001.

President of the Republic of Kazakhstan N. Nazarbayev

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 preamble

The States Parties to this Protocol ,

Aware of the urgent need to prevent and combat the illicit manufacture and trafficking of firearms, their parts and components, as well as ammunition, as such acts harm the security of every State, region and the world as a whole, posing a threat to the well-being of peoples, their socio-economic development and the right to peaceful life Life,

Convinced, therefore, of the need for all States to take all appropriate measures in this regard, including international cooperation and other measures at the regional and global levels,

Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee to elaborate a comprehensive international convention against transnational organized crime and to discuss, as appropriate, the development of international instruments on trafficking in women and children and combating the illicit manufacture of and trafficking in firearms, its parts and components and ammunition, and the illegal transportation and transportation of migrants, including by sea, Bearing in mind the principles of equal rights and self-determination of peoples enshrined in the Charter of the United Nations and the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Convinced that the addition of the United Nations Convention against Transnational Organized Crime to the international instrument against the illicit manufacturing and trafficking of firearms, their Parts and components, as well as ammunition, will contribute to the prevention and combating of such crimes, agreed as follows:

I. General provisions

Article 1

Relationship with the United Nations Convention against transnational organized crime

1. This Protocol supplements The United Nations Convention against Transnational Organized Crime. It is interpreted in conjunction with the Convention.

2. The provisions of the Convention shall apply mutatis mutandis to this Protocol, unless it provides otherwise.

3. The offences established in accordance with article 5 of this Protocol shall be considered as offences established in accordance with the Convention.

Article 2

Goal

The purpose of this Protocol is to promote, facilitate and strengthen cooperation between States Parties to prevent, combat and suppress the illicit manufacturing and trafficking of firearms, their parts and components, and ammunition.

Article 3

Terms

For the purposes of this Protocol:

a) "firearm" means any portable barrel weapon that fires, is designed or can be easily adapted to fire or accelerate a bullet or projectile due to the energy of an explosive substance, excluding antique firearms or their models. Antique firearms and their models are determined in accordance with domestic legislation. However, antique firearms by no means include firearms manufactured after 1899.;

(b) "Components and components" means any components or spare parts specifically designed for firearms and necessary for their operation, including the barrel, body or receiver, bolt or drum, bolt axis or breech, as well as any device designed or adapted to reduce the sound produced by a shot.;

(c) "Ammunition" means a complete shot or its components, including cartridge cases, caps, propellant charge, bullets or projectiles used in firearms, provided that such components themselves are subject to the authorization system in the relevant State Party.;

(d) "Illegal manufacture" means the manufacture or assembly of firearms, their parts and components, or ammunition:

(i) Of the components and components in illicit traffic;

(ii) Without an appropriate license or authorization from the competent authority of the State Party in which manufacture or assembly is carried out; or

(iii) Without marking firearms in accordance with article 8 of this Protocol at the time of their manufacture; a license or permit for the manufacture of parts and components is issued in accordance with domestic legislation;

(e) "Illicit trafficking" means the import/export, purchase, sale, delivery, movement or transfer of firearms, their parts and components, as well as ammunition from or through the territory of one State Party to the territory of another State Party, unless any of the interested States Parties authorizes to do so in accordance with the provisions of this Protocol or if the firearm does not have markings applied in accordance with Article 8 of this Protocol.;

(f) "Tracing" means the systematic recording and control of firearms and, where possible, their parts and components, as well as ammunition, at all stages of their passage from the manufacturer to the buyer in order to assist the competent authorities of the Participating States in identifying, investigating and analyzing illicit manufacturing and trafficking.

Article 4

Scope of application

1. This Protocol shall apply, unless otherwise specified in it, to the prevention of the illicit manufacturing and trafficking of firearms, their parts and components, as well as ammunition, and to the investigation and prosecution of crimes established in accordance with article 5 of this Protocol, if these crimes are transnational in nature. committed with the participation of an organized criminal group.

2. This Protocol shall not apply to interstate transactions or to Government transfers in cases where the application of the Protocol would prejudice the right of a State Party to take measures in the interests of national security in accordance with the Charter of the United Nations.

Article 5

Criminalization

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts, when committed intentionally:

a) illegal manufacture of firearms, their parts and components, as well as ammunition for them;

(b) Illicit trafficking in firearms, their parts and components, and ammunition;

(c) The falsification or illegal removal, destruction or alteration of markings on firearms provided for in article 8 of this Protocol.

2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts::

(a) Subject to compliance with the basic principles of its legal system, an attempt to commit or participate as an accomplice in the commission of any crime established in accordance with paragraph 1 of this article; and

(b) Organizing, directing, aiding, abetting, assisting or advising in the commission of any offence established in accordance with paragraph 1 of this article.

Article 6

Confiscation, seizure and alienation

1. Without prejudice to the provisions of article 12 of the Convention, States Parties shall take, to the maximum extent possible within their domestic legal systems, such measures as may be necessary to enable the confiscation of firearms, their parts and components, as well as ammunition that have been unlawfully manufactured or have been in illicit traffic.

2. States Parties shall take, within the framework of their domestic legal systems, such measures as may be necessary to prevent illegally manufactured or trafficked firearms, their parts and components, as well as ammunition, from falling into the hands of unauthorized persons by seizing and destroying such firearms., its component parts and components, as well as ammunition for it, unless their alienation in another way has been officially authorized under the condition, that the firearm was appropriately marked and that the disposal of the firearm and its ammunition was documented.

II. Prevention of the illegal manufacture and trafficking of firearms, their parts and components, as well as ammunition for them

Article 7

Documentation

Each State Party shall ensure the storage for at least ten years of information relating to firearms and, where appropriate and practicable, their parts and components, as well as ammunition, which is necessary for the tracing and identification of those firearms and, where appropriate and practicable, such components parts and components, as well as ammunition for it, that were illegally manufactured or were in illegal circulation, and to prevent and detect such activities. Such information includes:

(a) The appropriate marking provided for in Article 8 of this Protocol;

(b) In cases involving international transactions involving firearms, their parts and components, and ammunition, the dates of issue and expiration of the relevant licenses or permits, an indication of the country of export, country of import, countries of transit, where appropriate, and the final recipient, as well as a description and indication the number of such items.

Article 8

Marking of firearms

1. For the purposes of identifying and tracing each firearm, the Participating States:

a) during the manufacture of each firearm, they either require the application of a unique marking indicating the name of the manufacturer, the country or place of manufacture and the serial number, or retain any alternative unique, easy-to-use marking consisting of simple geometric symbols combined with a numeric and/or alphanumeric code designation and allowing all Member States toparticipants can quickly identify the country of manufacture;

(b) Require proper simple markings on each unit of imported firearms to identify the country of import and, if possible, the year of import, enabling the competent authorities of that country to trace the firearms, as well as unique markings if the firearms do not have such markings. The requirements set out in this subparagraph do not apply to the temporary import of firearms for verifiable legitimate purposes.;

(c) Ensure that, during the transfer of firearms from Government stocks for permanent civilian use, appropriate unique markings are available to enable all Participating States to identify the transferring country.

2. States Parties shall encourage manufacturers of firearms to develop measures to prevent the destruction or alteration of markings.

Article 9

Decommissioning of firearms

A State Party that does not recognize decommissioned firearms in accordance with its domestic law shall take the necessary measures, including the establishment, where appropriate, of specific offences, to prevent the illegal use of decommissioned firearms in accordance with the following general principles of decommissioning:

a) all major parts of decommissioned firearms must be rendered completely unusable and unsuitable for removal, replacement or modification that would allow the decommissioned firearms to be used for their intended purpose.;

(b) Arrangements should be made to ensure that decommissioning is checked, where appropriate, by the competent authority to verify that modifications made to the firearm have rendered it completely unusable.;

(c) The inspection by the competent authority should include the issuance of a certificate or record confirming the decommissioning of firearms, or the affixing of a clearly visible special mark on such firearms.

Article 10

General requirements for export-import systems and transit licenses or permits

1. Each Participating State shall establish or apply an effective system of export-import licenses or permits, as well as measures for international transit, for the transfer of firearms, their parts and components, as well as ammunition.

2. Prior to issuing export licenses or permits for the transportation of shipments of firearms, their parts and components, as well as ammunition, each Participating State shall verify:

a) that the importing States have issued import licenses or permits; and

b) that, without prejudice to bilateral or multilateral agreements or arrangements protecting the interests of landlocked States, transit States have at least sent a written notification prior to shipment that they have no objections to transit.

3. The export-import license or permit and accompanying documentation shall contain information that, at a minimum, includes an indication of the place and date of issue, expiration date, country of export, country of import, final recipient, description and indication of the quantity of firearms, their parts and components, as well as ammunition and when transit takes place, the countries of transit are indicated. The information contained in the import license must be provided to the transit States in advance.

4. The importing State Party shall, upon request, notify the exporting State Party of receipt of the shipment of firearms, their parts and components or ammunition.

5. Each State Party shall take, to the extent possible, such measures as may be necessary to ensure that licensing or authorization procedures are reliable and that the authenticity of licensing or authorization documents can be verified or confirmed.

6. Participating States may establish simplified procedures for the temporary export and import or transit of firearms, their parts and components, and ammunition for verifiable legitimate purposes, such as hunting, shooting, evaluation, exhibitions, or repairs.

Article 11

Security and preventive measures

In order to identify, prevent and suppress theft, loss or leakage, as well as the illegal manufacture and trafficking of firearms, their parts and components, as well as ammunition, each State Party shall take appropriate measures to:

(a) Ensuring the safety and security of firearms, their parts and components, as well as ammunition during manufacture, import, export and transit through its territory; and

(b) Improving the effectiveness of import, export and transit controls, including, where appropriate, border control measures, as well as the effectiveness of cross-border cooperation between police and customs authorities.

Article 12

Information

1. Without prejudice to articles 27 and 28 of the Convention, States Parties shall exchange, in accordance with their domestic legal and administrative systems, relevant specific information on such matters as authorized manufacturers, dealers, importers, exporters and, where possible, carriers of firearms, their parts and components, as well as ammunition.

2. Without prejudice to articles 27 and 28 of the Convention, States Parties shall exchange, in accordance with their domestic legal and administrative systems, relevant information on such matters as:

a) organized criminal groups that are known or suspected to be involved in the illegal manufacture or trafficking of firearms, their parts and components, and ammunition.;

(b) Means of concealment used in the illicit manufacture or trafficking of firearms, their parts and components, as well as ammunition, and methods of their detection;

(c) The methods and means, points of origin and destination, and routes commonly used by organized criminal groups involved in the illicit trafficking of firearms, their parts and components, and ammunition; and

(d) Legislative experience, as well as practices and measures aimed at preventing and combating the illicit manufacture and trafficking of firearms, their parts and components, and ammunition.

3. The Participating States shall provide or, where appropriate, exchange relevant scientific and technical information among themselves in the interests of law enforcement agencies in order to enhance each other's capabilities with regard to the prevention, detection and investigation of the illicit manufacture and trafficking of firearms, their parts and components, as well as ammunition, and prosecution. persons involved in such illegal activities.

4. The Participating States shall cooperate with each other in tracing firearms, their parts and components, as well as ammunition for them, which may have been illegally manufactured or may be in illicit traffic. Such cooperation includes responding promptly to requests for assistance in tracing such firearms, their parts and components, and ammunition, to the extent possible.

5. Subject to compliance with the basic principles of its legal system or any other international agreements, each State Party guarantees the confidentiality of information it receives in accordance with this article from another State Party, including proprietary information related to commercial transactions, and complies with any restrictions on the use of such information if it is requested to do so. at the request of the State Party providing the information. If such confidentiality cannot be ensured, the State Party that provided the information will be notified before its disclosure.

Article 13

Cooperation

1. The Participating States shall cooperate at the bilateral, regional and international levels in order to prevent, combat and suppress the illicit manufacture and trafficking of firearms, their parts and components, as well as ammunition.

2. Without prejudice to the provisions of paragraph 13 of article 18 of the Convention, each State Party shall designate a national authority or official to liaise between it and other States Parties on matters related to this Protocol.

3. The Participating States shall seek the support of manufacturers, dealers, importers, exporters, brokers and commercial carriers of firearms, their parts and components, as well as ammunition, and cooperate with them in order to prevent and detect illegal activities referred to in paragraph 1 of this article.

Article 14

Personnel training and technical assistance

The Participating States shall cooperate with each other and, where appropriate, with relevant international organizations in providing States Parties, upon request, with training and technical assistance necessary to strengthen their capabilities in the field of preventing and combating the illicit manufacture and trafficking of firearms, their parts and components, and ammunition to it, and the fight against such acts, including technical, financial and material assistance in matters specified in articles 29 and 30 of the Convention.

Article 15

Brokers and brokerage operations

1. In order to prevent and counteract the illegal manufacture and trafficking of firearms, their parts and components, as well as ammunition, Participating States that have not yet done so are considering the possibility of establishing a system to regulate the activities of persons engaged in brokering operations. Such a system may provide for the adoption of one or more measures, for example:

a) the establishment of a requirement for the registration of brokers operating in their territory;

(b) The establishment of a licensing or authorization requirement for brokerage operations; or

(c) The establishment of a requirement to indicate the names of the brokers involved in the transaction and their location in import and export licenses or permits or accompanying documents.

2. States Parties that have established the brokerage authorization system referred to in paragraph 1 of this article shall be encouraged to exchange information on brokers and brokerage transactions as part of the exchange of information in accordance with Article 12 of this Protocol and to keep documentation related to brokers and brokerage transactions in accordance with Article 7 of this Protocol.

III. Final provisions

Article 16

Dispute resolution

1. The Participating States shall seek to settle disputes concerning the interpretation or application of this Protocol through negotiations.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable period of time shall, at the request of one of these States Parties, be submitted to arbitration. If, within six months from the date of the request for arbitration, these Participating States are unable to agree on its organization, any of these Participating States may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance or approval of this Protocol, or upon accession thereto, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties are not bound by paragraph 2 of this article in respect of any State Party that has made such a reservation.

4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.

Article 17

Signature, ratification, acceptance, approval and accession

1. This Protocol shall be open for signature by all States at United Nations Headquarters in New York from the thirtieth day after its adoption by the General Assembly until December 12, 2002.

2. This Protocol shall also be open for signature by regional economic integration organizations, provided that at least one of the member States of such organization has signed this Protocol in accordance with paragraph 1 of this article.

3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done the same. In this instrument of ratification, acceptance or approval, such organization shall declare the scope of its competence with respect to matters governed by this Protocol. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.

4. This Protocol is open for accession by any State or any regional economic integration organization, at least one of whose member States is a Party to this Protocol. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Upon accession, a regional economic integration organization shall declare the scope of its competence with respect to matters governed by this Protocol. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.

Article 18

Entry into force

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, but it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any such instrument deposited by a regional economic integration organization shall not be considered as additional to the instruments deposited by the member States of such organization.

2. For each State or regional economic integration organization that ratifies, accepts, approves, or accedes to this Protocol after the deposit of the fortieth instrument of ratification or 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 instrument or on the date of entry into force. This Protocol shall enter into force in accordance with paragraph 1 of this article, whichever is later.

Article 19

Amendments

1. Five years after the entry into force of this Protocol, a State Party to this Protocol may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall then transmit the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol participating in the Conference of the Parties shall make every effort to reach consensus on each amendment. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.

2. In matters within their competence, regional economic integration organizations shall exercise their right to vote in accordance with this article, having a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations do not exercise their right to vote if their member States exercise their right to vote, and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by the Participating States.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of its deposit with the Secretary-General of the United Nations of its instrument of ratification, acceptance or approval of such amendment.

5. When an amendment enters into force, it becomes binding on those States Parties that have expressed their consent to be bound by it. The other States Parties shall continue to be bound by the provisions of this Protocol and any amendments previously ratified, accepted or approved by them.

Article 20

Denunciation

1. A State Party may denounce this Protocol by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. A regional economic integration organization shall cease to be a Party to this Protocol when all its member States have denounced this Protocol.

Article 21

Depository and languages

1. The Secretary-General of the United Nations is appointed as the Depositary of this Protocol.

2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.

RCPI note: The following is attached the text of the Protocol in English, Arabic, Spanish, Chinese and French.

I hereby certify that this text is a true copy of the certified copy 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, dated May 31, 2001.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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