STATUS AS AT : 26/09/2008 11:54:38
CHAPTER XVIII
PENAL MATTERS

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 77
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.


Participant
Signature
Ratification, Acceptance(A), Approval(AA), Accession(a), Succession(d)
Albania
8 Feb 2008 a
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
Bahamas
26 Sep 2008
Barbados
26 Sep 2001
Belarus
6 Oct 2004 a
Belgium
11 Jun 2002
24 Sep 2004
Benin
17 May 2002
30 Aug 2004
Bosnia and Herzegovina
1 Apr 2008 a
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
Guyana
2 May 2008 a
Honduras
1 Apr 2008 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
Kazakhstan
31 Jul 2008 a
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
Mongolia
27 Jun 2008 a
Montenegro 1
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
Sao Tome and Principe
12 Apr 2006 a
Saudi Arabia
11 Mar 2008 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
St. Kitts and Nevis
21 May 2004 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
10 Apr 2008
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
Uruguay
3 Apr 2008 a
Zambia
24 Apr 2005 a



Close Declaration

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.


Cuba

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.

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."

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."

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

Reservation made upon signature and confirmed upon ratification:
....with a reservation to article 16 (2).

Reservation made upon signature and confirmed upon ratification:

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

Upon signature:

Reservation:

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

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."





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: +371 7219263,
Fax: +371 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_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."