INTERNATIONAL ISACS SMALL ARMS CONTROL 03.20 …

1 Reference number ISACS :2014(E) UN CASA 2014 INTERNATIONAL SMALL arms CONTROL STANDARD ISACS Version 2014-06-17 national controls over the INTERNATIONAL transfer of SMALL arms and light weapons ISACS :2014(E) ii UN CASA 2014 All rights reserved This document may not be up-to-date. All up-to-date INTERNATIONAL SMALL arms CONTROL Standards ( ISACS ) are available on the ISACS website. ACKNOWLEDGEMENTS This document one in a series of INTERNATIONAL SMALL arms CONTROL Standards ( ISACS ) was produced by the United Nations Coordinating Action on SMALL arms (CASA) mechanism in collaboration with a broad and diverse group of experts drawn from governments, INTERNATIONAL and regional organizations, civil society and the private sector. A full list of contributors to the ISACS project is available on the website listed above. The production of ISACS was made possible by the financial support of the governments of Australia, Canada, Ireland, Norway and Switzerland, as well as by the United Nations Development Programme (UNDP), the United Nations Office for Disarmament Affairs (UNODA), the United Nations Children s Fund (UNICEF) and the United Nations Counter-Terrorism Committee Executive Directorate (CTED).

2 UN CASA 2014 All rights reserved. This publication may be reproduced for non-profit educational and training purposes without special permission from the copyright holders, provided that the source is acknowledged. The ISACS Inter-Agency Support Unit would appreciate receiving an electronic copy of any publication that uses this document as a source: United Nations Coordinating Action on SMALL arms (CASA) INTERNATIONAL SMALL arms CONTROL Standards ( ISACS ) Inter-Agency Support Unit E-mail: Web: This document is not to be sold. ISACS :2014(E) UN CASA 2014 All rights reserved iii Contents Page Foreword .. v Introduction .. vi 1 Scope .. 1 2 Normative references .. 1 3 Terms and definitions .. 2 General .. 2 SMALL arms and light weapons .. 2 4 United Nations framework .. 2 5 General Principles .. 3 General .. 3 Transfer authorization and notification processes.

3 3 Applications for transfer authorizations .. 6 Assessment of applications for transfer authorizations .. 7 Form and content of transfer authorizations .. 11 Operating licences .. 12 Strengthened controls over the transfer of high-risk weapons .. 14 Secure transfer requirements .. 14 6 national legislation .. 14 General .. 14 Licensing requirement .. 15 List of controlled goods and services .. 15 Roles and responsibilities .. 16 Integration of controls .. 16 Criminal offences .. 16 7 Import controls .. 16 General .. 16 Goods and services covered .. 17 Import authorization process .. 17 Applications for import authorization .. 17 Assessment of applications for import authorization .. 18 Form and content of import authorizations .. 18 Recordkeeping .. 19 Marking at the time of import.

4 21 Controls on re-export .. 21 8 Export controls .. 21 General .. 21 Goods and services covered .. 21 Export authorization process .. 21 Applications for export authorization .. 22 Assessment of applications for export authorization .. 24 Form and content of export authorizations .. 25 Recordkeeping .. 26 9 Transit and transshipment controls .. 27 General .. 27 Goods and services covered .. 28 Transit and transshipment notification process .. 28 Notifications of transit and transshipment .. 28 Monitoring and assessment of transit and transshipment notifications .. 29 Recordkeeping .. 29 ISACS :2014(E) iv UN CASA 2014 All rights reserved 10 Brokering controls .. 30 General .. 30 Jurisdiction .. 31 Goods, services and activities covered .. 31 Brokering authorization process.

5 32 Applications for brokering authorization .. 33 Assessment of applications for brokering authorization .. 33 Form and content of brokering authorizations .. 34 Recordkeeping .. 34 11 Enforcement mechanisms .. 36 General .. 36 Outreach to industry .. 36 Penalties .. 37 Violation of arms embargoes .. 38 Customs .. 38 12 INTERNATIONAL cooperation and assistance .. 38 General .. 38 Harmonization of laws and policies .. 39 Investigations, prosecutions and judicial proceedings .. 39 Information sharing .. 39 13 Public and parliamentary transparency .. 42 national reporting .. 42 Mechanisms of parliamentary oversight .. 43 ISACS :2014(E) UN CASA 2014 All rights reserved v Foreword The United Nations (UN) Coordinating Action on SMALL arms (CASA) mechanism strives to improve the UN s ability to work as one in delivering effective policy, programming and advice to Member States on curbing the illicit trade, uncontrolled proliferation and misuse of SMALL arms and light weapons.

6 Established by the Secretary-General in 1998 with the task of coordinating the SMALL arms work of the United Nations, CASA today unites more than 20 UN bodies active in policy development and/or programming related to SMALL arms and light weapons. 1 Building on previous UN initiatives to develop INTERNATIONAL standards in the areas of mine action ( INTERNATIONAL Mine Action Standards)2 and disarmament, demobilization and reintegration of ex-combatants (Integrated Disarmament, Demobilization and Reintegration Standards),3 the United Nations has developed a series of INTERNATIONAL SMALL arms CONTROL Standards ( ISACS ) with the aim of providing clear and comprehensive guidance to practitioners and policymakers on fundamental aspects of SMALL arms and light weapons CONTROL . The present document constitutes one of more than 20 ISACS modules that provide practical guidance on instituting effective controls over the full life cycle of SMALL arms and light weapons (all ISACS modules can be found at ).

7 ISACS are framed by existing global agreements related to SMALL arms and light weapons CONTROL , in particular the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in SMALL arms and Light Weapons In All Its Aspects (UN PoA); INTERNATIONAL Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit SMALL arms and Light Weapons ( INTERNATIONAL Tracing Instrument); 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 (UN Firearms Protocol); and arms Trade Treaty. Within this global framework, ISACS build upon standards, best practice guidelines, model regulations, etc. that have been elaborated at the regional and sub-regional levels. ISACS seek to cover the fundamental areas of SMALL arms and light weapons CONTROL on which the United Nations may be called upon to provide advice, guidance and support.

8 ISACS were developed, and continue to be improved and supplemented, by a broad coalition of SMALL arms CONTROL specialists drawn from the United Nations, governments, INTERNATIONAL and regional organizations, civil society and the private sector (a full list of contributors to ISACS is available at ). ISACS modules were drafted in accordance with the rules set out in ISO/IEC Directives, Part 2, Rules for the structure and drafting of INTERNATIONAL Standards, under the oversight of the CASA Working Group on ISACS , co-chaired by the United Nations Office for Disarmament Affairs (UNODA) and the United Nations Development Programme (UNDP). 1 For a full listing of CASA partners, see 2 3 ISACS :2014(E) vi UN CASA 2014 All rights reserved Introduction Effective national controls over the import, export, transit, transshipment and brokering of SMALL arms and light weapons are necessary to prevent excessive, destabilizing and illicit transfers of these weapons, which can pose a serious threat to peace and security, especially in areas beset by conflict and by political and social tensions.

9 Such transfers can also fuel conflict, violent crime and instability; undermine sustainable development and facilitate grave abuses of human rights and serious violations of INTERNATIONAL humanitarian law. It is, therefore, a legitimate and urgent concern of the INTERNATIONAL community that States maintain effective national controls over INTERNATIONAL transfers of SMALL arms and light weapons. Almost all States maintain laws, regulations and administrative procedures to CONTROL the import, export and transit of arms and other military goods and technologies. However, many of these controls need to be strengthened and updated specifically as they relate to SMALL arms and light weapons, and need to be supplemented with effective controls over transshipment and brokering. The enforcement of transfer controls is often also in need of strengthening. The task of developing effective controls over the INTERNATIONAL transfer of SMALL arms and light weapons is made more difficult by the lack of capacity in some States to put effective controls in place and to enforce them.

10 This is often further compounded by a lack of transparency, which is characteristic of much of the INTERNATIONAL arms trade, and by limited levels of cooperation and harmonization of practices between States. This task of developing effective SMALL arms and light weapons transfer controls is particularly important, however, given that States that rarely participate in other areas of the conventional arms trade are often importers or exporters of SMALL arms and light weapons. In addition, compared with other weapon systems, SMALL arms and light weapons are highly vulnerable to diversion to unauthorized end-users and uses. INTERNATIONAL SMALL arms CONTROL STANDARD ISACS :2014(E) UN CASA 2014 All rights reserved 1 national controls over the INTERNATIONAL transfer of SMALL arms and light weapons 1 Scope This document provides guidance on the development and implementation of effective and accountable controls over INTERNATIONAL transfers of SMALL arms and light weapons.