Illicit Manufacturing

Illicit Manufacturing

Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms

Note: See the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms here for previous articles of the Convention.

Article XII

Confidentiality

Subject to the obligations imposed by their Constitutions or any
international agreements, the States Parties shall guarantee the confidentiality
of any information they receive, if requested to do so by the State Party
providing the information. If for legal reasons such confidentiality cannot be
maintained, the State Party that provided the information shall be notified
prior to its disclosure.

Article XIII

Exchange of Information

1. States Parties shall exchange among themselves, in conformity with their
respective domestic laws and applicable Treaties , relevant information on
matters such as:

a. authorized producers, dealers, importers, exporters, and, whenever possible,
carriers of firearms, ammunition, explosives, and other related materials;

b. the means of concealment used in the illicit manufacturing of or trafficking
in firearms, ammunition, explosives, and other related materials, and ways of
detecting them;

c. routes customarily used by criminal organizations engaged in illicit
trafficking in firearms, ammunition, explosives, and other related materials;

d. legislative experiences, practices, and measures to prevent, combat, and
eradicate the illicit manufacturing of and trafficking in firearms,ammunition, explosives, and other related materials; and

e. techniques, practices, and legislation to combat money laundering related to
illicit manufacturing of and trafficking in firearms, ammunition, explosives,
and other related materials.

2. States Parties shall provide to and share with each other, as appropriate,
relevant scientific and technological information useful to law enforcement, so
as to enhance one another’s ability to prevent, detect, and investigate the
illicit manufacturing of and trafficking in firearms, ammunition, explosives,
and other related materials and prosecute those involved therein.

3. States Parties shall cooperate in the tracing of firearms, ammunition,
explosives, and other related materials which may have been illicitly
manufactured or trafficked. Such cooperation shall include accurate and prompt
responses to trace requests.

Article XIV

Cooperation

1. States Parties shall cooperate at the bilateral, regional, and
international levels to prevent, combat, and eradicate the illicit manufacturing
of and trafficking in firearms, ammunition, explosives, and other related
materials.

2. States Parties shall identify a national body or a single point of contact
to act as liaison among States Parties, as well as between them and the
Consultative Committee established in Article XX, for purposes of cooperation
and information exchange.

Article XV

Exchange of Experience and Training

1. States Parties shall cooperate in formulating programs for the exchange of
experience and training among competent officials, and shall provide each other
assistance that would facilitate their respective access to equipment or
technology proven to be effective for the implementation of this Convention.

2. States Parties shall cooperate with each other and with competent
International Organizations , as appropriate, to ensure that there is adequate
training of personnel in their territories to prevent, combat, and eradicate the
illicit manufacturing of and trafficking in firearms, ammunition, explosives,
and other related materials. The subject matters of such training shall include,
inter alia:

a. identification and tracing of firearms, ammunition, explosives, and other
related materials;

b. intelligence gathering, especially that which relates to identification of
illicit manufacturers and traffickers, methods of shipment, and means of
concealment of firearms, ammunition, explosives, and other related materials;
and c. improvement of the efficiency of personnel responsible for searching for and
detecting, at conventional and nonconventional points of entry and exit,
illicitly trafficked firearms, ammunition, explosives, and other related
materials.

Article XVI

Technical Assistance

States Parties shall cooperate with each other and with relevant
International Organizations , as appropriate, so that States Parties that so
request receive the technical assistance necessary to enhance their ability to
prevent, combat, and eradicate the illicit manufacturing of and trafficking in
firearms, ammunition, explosives, and other related materials, including
technical assistance in those matters identified in Article XV.2.

Article XVII

Mutual Legal Assistance

1. States Parties shall afford one another the widest measure of mutual legal
assistance, in conformity with their domestic law and applicable Treaties , by
promptly and accurately processing and responding to requests from authorities
which, in accordance with their domestic law, have the power to investigate or
prosecute the illicit activities described in this Convention, in order to
obtain evidence and take other necessary action to facilitate procedures and
steps involved in such investigations or prosecutions.

2. For purposes of mutual legal assistance under this article, each Party may
designate a central authority or may rely upon such central authorities as are
provided for in any relevant treaties or other agreements. The central
authorities shall be responsible for making and receiving requests for mutual
legal assistance under this article, and shall communicate directly with each
other for the purposes of this article.

Article XVIII

Controlled Delivery

1. Should their domestic legal systems so permit, States Parties shall take
the necessary measures, within their possibilities, to allow for the appropriate
use of controlled delivery at the international level, on the basis of
agreements or arrangements mutually consented to, with a view to identifying
persons involved in the offenses referred to in Article IV and to taking legal
action against them.

2. Decisions by States Parties to use controlled delivery shall be made on a
case-by-case basis and may, when necessary, take into consideration financial
arrangements and understandings with respect to the exercise of jurisdiction by
the States Parties concerned.

3. With the consent of the States Parties concerned, illicit consignments
under controlled delivery may be intercepted and allowed to continue with the
firearms, ammunition, explosives, and other related materials intact or removed
or replaced in whole or in part.
Article XIX

Extradition

1. This article shall apply to the offenses referred to in Article IV of this
Convention.

2. Each of the offenses to which this article applies shall be deemed to be
included as an extraditable offense in any extradition treaty in force between
or among the States Parties. The States Parties undertake to include such
offenses as extraditable offenses in every extradition treaty to be concluded
between or among them.

3. If a State Party that makes extradition conditional on the existence of a
treaty receives a request for extradition from another State Party with which it
does not have an extradition treaty, it may consider this Convention as the
legal basis for extradition with respect to any offense to which this article
applies.

4. States Parties that do not make extradition conditional on the existence
of a treaty shall recognize offenses to which this article applies as
extraditable offenses between themselves.

5. Extradition shall be subject to the conditions provided for by the law of
the Requested State or by applicable extradition treaties, including the grounds
on which the Requested State may refuse extradition.

6. If extradition for an offense to which this article applies is refused
solely on the basis of the nationality of the person sought, the Requested State
Party shall submit the case to its competent authorities for the purpose of
prosecution under the criteria, laws, and procedures applied by the Requested
State to those offenses when they are committed in its own territory. The
Requested and Requesting States Parties may, in accordance with their domestic
laws, agree otherwise in relation to any prosecution referred to in this
paragraph.

In relation to Inter-American Treaties, Conventions and Agreements adopted within the framework of the OAS

The Organization of American States (a list of Members of the Organization of American States is here) adopted the following international instruments regarding Weapons:

  • Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials
  • Inter-American Convention on Transparency in Conventional Weapons Acquisitions

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Constitutions, Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, International Organizations, Treaties.


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