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Firearms Protocol
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OAS Convention
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CICAD Model Regulations
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EU Programme
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EU
Joint Action
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TYPE OF MECHANISM
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International instrument attached to Convention Against
Transnational Organized Crime
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Regional convention
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Regional model regulations
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Regional agreement on supply and demand-side measures
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Regional agreement on the destabilising accumulation
and spread of small arms and light weapons
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STATUS
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Under negotiation
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Signed in Nov 1997; 7 countries have ratified; entered
into force
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Signed in Nov 1997; only the United States has adopted
them
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Agreed by all 15 Member States June 1997; 13 EU Associate
Countries have declared support
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Adopted by the Council of the European Union, December
1998
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LEGAL
STATUS
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Would be legally binding
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Legally binding
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Not legally binding
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Not legally binding
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Legally binding
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CONTEXT
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Crime control and law enforcement approach: illicit
trafficking in and criminal misuse of firearms have
harmful effect on security of each state and endanger
well-being of people and their social and economic development
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Regional security approach: harmful effects of illicit
manufacturing and trafficking on security of states
and region, endangering well-being of people, their
social and economic development and their right to live
in peace
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Security approach: illicit trade constitutes specific
risk to security and well-being of states; measures
to increase coop. will assist in preventing illegal
trafficking among countries concerned
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Holistic approach: arms, especially those illicitly
trafficked destabilise internal situation of affected
states and respect for human rights
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Conflict and development approach (builds on and complementary
to EU Programme and EU Code of Conduct): to prevent
the destabilising effects of accumulations of small
arms with promotion of supply and demand side initiatives
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DEFINITIONS
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Article II
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Article I
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1.3
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Footnote
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Annex
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Small Arms
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Uses the term "firearms". Consensus has not yet developed
on the weapons to be controlled. Thus far agreement
of the term firearms mirrors that of the OAS Convention
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Instead uses the term "firearms". The definition given
is "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."
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N/A
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Agreement applies to conventional arms, particularly
small arms; however, no definition of the term "small
arms" is included
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1. Small arms and accessories specially designed for
military use: machine-guns (including heavy machine-guns),
submachine-guns, including machine pistols, fully automatic
rifles, semi-automatic rifles, if developed and/or introduced
as a model for an armed force, moderators (silencers)
2. Man or crew-portable light weapons: cannon (including
automatic cannon), howitzers and mortars of less than
100 mm calibre, grenade launchers, anti-tank weapons,
recoilless guns (shoulder-fired rockets), anti-tank
missiles and launchers, anti-aircraft missiles/man-portable
air defence systems (MANPADS)
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Illicit
Trafficking
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import, export, acquisition, sale, delivery, movement
or transfer from or across territory of one State Party
to that of another State Party, if any one of them does
not authorise it
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Same text
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N/A
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"Illicit trafficking in arms" is understood to cover
that "international trade in conventional arms which
is contrary to the laws of states and/or international
law" (in conformity with UN definition)
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None
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PURPOSE
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Article III
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Article II
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1.2
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Preamble
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Article 1
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Promote and facilitate co-operation with respect to
illicit manufacturing and trafficking
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Prevent, combat and eradicate illicit trafficking and
manufacturing; promote and facilitate exchange of information
and experience
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Harmonised measures and
a harmonised system of procedures for monitoring and
controlling international movements to prevent illegal
trafficking and diversion to illegal uses and purposes
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Take concrete measures to curb illicit traffic and
use; take practical disarmament measures; provide assistance
to states for curbing and collecting (all reference
relevant UN resolutions)
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Agreement to build consensus in international fora,
and funding relevant projects, in order to combat destabilising
accumulation and spread of small arms, reduce existing
accumulations, and help solve problems associated with
accumulations. Promotes regional approaches, as well
as global instruments.
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SOVER-
EIGNTY
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---
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Article III
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---
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---
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---
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In preamble recognises domestic laws and says Protocol
does not commit states to enact legislation or regulation
to wholly domestic firearms ownership, possession or
trade
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Carry out obligations in manner consistent with sovereign
equality and territorial integrity of states and non-intervention
in domestic affairs of states
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N/A
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EU Member States will foster enhanced co-operation
and co-ordination, whilst respecting national legislation
and policies.
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NA
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SCOPE
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Article IV
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---
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1.2
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---
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---
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All classes of commercially traded firearms; not state-to-state
transactions of transfers for purposes of national security
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Only commercial transactions
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All classes of commercially traded firearms; not state-to-state
transactions of transfers for purposes of national security
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Illicit trafficking in conventional arms, especially
small arms
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Addresses legal trafficking issues (commits states
to only export to governments, only to import for legitimate
self-defence and security needs, need for control mechanisms),
also committed to tackling illicit trafficking through
variety of methods
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CONFISCATION OR FORFEITURE
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Article VII
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Article VII
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Point 3
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Article 4 (b) (c)
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Confiscate, forfeit all illicit goods; ensure they
do not fall into hands of private individuals or businesses
through auction, sale or other disposal
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Same text
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Set up weapons collection, buy back and destruction
programmes to suppress illicit circulation of arms
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Promote incentives to encourage surrender of surplus
or illegally held small arms
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No destruction
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No destruction
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Promotes destruction schemes
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To assist countries who request support in destruction
of surplus arms, as well as provide safe storage
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RECORD-
KEEPING
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Article VIII
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Article XI
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9.1 and 9.2
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Article 3
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Keep all info. for 10 years needed to trace or identify
illicitly trafficked or manufactured firearms; keep
info. at least 10 years after last transaction related
to a certificate
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Not very specific in terms of process (e.g. "for a
reasonable time") but refers to all info. listed under
exchange of info. and mutual legal assistance
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Not less than 5 years from date of last transaction;
at least the quantity of goods remaining
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No mention
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Promotes: establishing national inventories and regional
registers of legally-held weapons, legal exports, imports;
providing end-use information
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Best efforts to computerise
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Best efforts to computerise; share technology
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Not clear on precisely what documents are to be kept
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Not clear on precisely what documents are to be kept
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Only quantity
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MARKING
OF
FIREARMS
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Article IX
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Article VI
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Requires marking at time of manufacture, import, and
on confiscated or forfeited goods if kept for official
use
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Same text
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No mention
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No mention
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GENERAL REQUIRE-
MENTS FOR LICENCING SYSTEMS
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Article XI
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Article IX
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All of chaps. 1-3
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Point 2
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Article 3
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General outline for issuing export, import and transit
licenses, not permitting transit without them, ensuring
all required certificates have been obtained before
releasing shipment
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Same text
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Provides sample forms outlining required information;
specific on not allowing extensions, providing precise
procedures for modification
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Assist other countries in setting up or strengthening
an adequate body of laws and administrative measures
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Promotes the use of officially authorised end-use certificates,
promotes the importation to occur only as it matches
legitimate self-defence and security needs
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STRENGTH
ENING CONTROLS
AT EXPORT POINTS
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Article XIII
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Article X
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Point 2
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Article 3 (f)
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Adopt measures necessary to detect and prevent illicit
trafficking by strengthening controls at export points
(not specific)
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Same text
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In context of assistance to other states, provide adequate
number of trained police and customs officials; set
up regional points of contact to report illicit trafficking.
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Promote "effective national controls, such as efficient
border and customs mechanisms"
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EXCHANGE
OF INFOR-
MATION
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Article XIV
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Article XIII
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9.3, 9.4
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Point 1
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Article 3 (f)
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Info such as producers, dealers, importers, exporters,
carriers; means of concealment used and ways of detecting
them; routes used by criminal organisations.; legislation
experiences, practices and measures; techniques, practices
and legislation to combat money laundering
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Same text
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Designate central information office, share information
on regulations and legislation through Inter-American
Drug Info. System (IADIS)
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Improve info. Exchange, e.g. through use of int'l databases
and risk analyses
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Promote information exchange to combat illicit trafficking;
also exchange to promote increased transparency and
openness through regional registers, exchange on exports,
imports, production, holdings, legislation
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Co-operate in tracing, including prompt and accurate
responses to requests
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Same text
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CO-
OPERATION
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Article XV
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Article XIV
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Point 1
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Co-operate at bilateral, regional, int'l levels
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Same text
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Co-operation among intelligence, customs and other
law enforce. agencies at national and international
levels
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Key aspect of Joint Action: building consensus in international
fora, assisting other countries in their efforts
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Identify national body or single point of contact as
liaison
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Same text
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EXCHANGE OF EXPERIENCE AND TRAINING
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Article XVI
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Article XV
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9.5
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point 2
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Programmes for experience sharing and training; assistance.
to facilitate access to equipment and technology
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Same text
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Within resource constraints, provide training and tech.
Assistance for implementation of Model Regulations.
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In context of assistance to other states, includes
reference to setting up and strengthening laws and administrative
measures for regulating and monitoring; adopt strict
measures and enforce them; use international databases.
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assistance to states requesting support in eliminating
surplus small arms
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Ensure adequate training including: identification
and tracing; intelligence gathering such as identifying
manufacturers and traffickers, methods of shipment,
concealment means; improve efficiency of personnel who
search and detect at conventional and non-conventional
points of entry and exit
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Same text
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recommendation to CICAD No. 3 also includes convening
workshops and seminars to provide training to authorities
and judiciary
and law enforcement agencies
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Depends on what is included elsewhere in Convention
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TECHNICAL ASSISTANCE
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Article XVIII
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Article XVI
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Point 3
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Title II
Article 6
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Co-operation with each other and relevant international
organisations so that states get technical assistance
they request
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Same text
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N/A
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In context of assistance to other states, especially
those in conflict, help set up weapons collection, buy-back
and destruction programmes
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Major part of joint action involves "providing financial
and technical assistance to programmes and projects
which make a direct and identifiable contribution to
the principles and measures referred to in Title 1."
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RESOURCES
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Recommendation 2
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Point 5
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Article 7
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No mention
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No mention
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Assist in obtaining financial resources needed for
adoption and implementation
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Prepared to make funds available in pursuit of Programme
objectives
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Council decides on the allocation of the funding, the
priorities, and the conditions on the basis of project
proposals, and on a case by case basis
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STRENGTHS
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Would be legally binding and international, promotes
co-operation and harmonisation
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Legally binding, promotes co-operation and harmonisation,
emphasises shared regional concerns
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Specific, concrete, and practical
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Addresses conflict, development and demand, wide scope
of areas of involvement: ex-combatants, cultures of
violence, national controls, surplus weapons, weapons
collection and destruction
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legally binding, addresses conflict, development and
demand-side, confirms problems related to small arms,
wide scope of areas of involvement: ex-combatants, cultures
of violence, national controls, surplus weapons, security
sector reform
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Commits resources
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Commits resources
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Recognises international law in definition of illicit
trafficking
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WEAKNESSES
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Lacks concrete measures to improve border control and
enforcement
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Lacks concrete measures to improve border control and
enforcement
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Not legally binding
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Not legally binding, a statement of intent
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no concrete measures developed to tackle problems described,
a statement of intent
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Only commercial transactions, not state to state
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Only commercial transactions, not state to state
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Only commercial transactions, not state to state
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definition of small arms too narrow
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No destruction
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No destruction
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Narrow focus based on enforcing existing laws and improving
the implementation of import and export procedures
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No resource commitment
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No resource commitment
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No resource commitment
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