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

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 regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth 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 Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.".

Registration:             3 July 2005, No. 39574.

Status:                       Signatories: 52 ,Parties: 74.

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.

 

 

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.

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.

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."

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.

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.

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.

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."

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."

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)."

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.

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."

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.

Upon signature:

Reservation:

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

27 January 2005

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

.....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.

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.

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"

"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."

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.

"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"

".....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."

"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."

"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."

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.

"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."

"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."

"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."

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

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."

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."

"...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."

9 June 2006

"Point of Contact:

Ministry of Foreign Affairs and International Cooperation

P.O. Box 9000

Dar es Salaam, Tanzania."

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