Firearms Trafficking: Dynamics and Framework for Action in the Americas

1. Firearms Trafficking:Dynamics and Framework for Actionin the Americas Secretariat for Multidimensional Security Department of Public Security

2. Firearms and armed violence • Firearms contribute significantly to the lethality of crime in the Americas • From 2008 to 2010, 74% of all reported homicides in the Americas were committed using firearms. Homicide Mechanism (30 countries) Source: 2011 Global Study on Homicide (UNODC) Firearms Trafficking

3. Firearms and homicides, 2007-2012 Firearm homicide rate per 100,000 population 0 5 10 15 20 25 30 35 North America South America Caribbean Central America Percentage of homicides that are firearms related Source: Global Burden of Armed Violence 2015 Firearms Trafficking

4. The nature of firearms trafficking United Nations Office on Drugs and Crime study – 2015 • Studied patterns and trends in firearms trafficking, based on data from seizures, traces and crime statistics from 30 countries. Conclusions • States reported that most of the trafficking appeared to be local and cross-border trafficking and usually from of through neighboring or regional countries • Several states reported that seized firearms had most commonly been manufactured in the same country as where the seizure took place • Trafficking is most often reported to have been conducted by citizens of the country in which the firearms were seized, followed by citizens of neighboring countries. • More complex types of trafficking between continents or by nationals from outside the region are rarely reported. • The most frequently reported means of transport was by land • Information on offenses associated with seized firearms suggests that illicit firearms are trafficked largely for people engaged in other forms of criminal activity, primarily trafficking in drugs and other commodities, as well as in organized and violent crime. • Generally, countries tend to cooperate in tracing with other countries of the same region Firearms Trafficking

5. International legal framework • Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition Supplementing the UN Convention against Transnational Organized Crime (UN Protocol) • “ to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition” • Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) • “… to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials; • “…to promote and facilitate cooperation and exchange of information and experience among States Parties…” Firearms Trafficking

6. Other relevant instruments • Program of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects • International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons • International Small Arms Control Standards Firearms Trafficking

7. Focus • Illicit manufacturing • from components or parts illicitly trafficked, or • without a license from a competent governmental authority, or • without marking required marking at the time of manufacturing • Illicit trafficking • import, export, acquisition, sale, delivery, movement, or transfer from or across the territory of one State Party to that of another, if not authorized by any one of the States Parties concerned Language of CIFTA and UN Protocol are nearly identical Firearms Trafficking

8. CIFTA and UN Protocol define a firearm as: any barreled weapon that expels or is designed or readily converted to expel a bullet or projectile by the action of an explosive, except antique firearms. CIFTA also includes: any other weapon or destructive device such as any explosive, incendiary or gas bomb, grenade, rocket, rocket launcher, missile, missile system, or mine. Small arms: any man-portable lethal weapon designed for individual use that expels or launches, is designed to expel or launch, or may be readily converted to expel or launch a shot, bullet or projectile by the action of an explosive Light weapons any man-portable lethal weapon designed for use by two or three persons serving as a crew that expels or launches, is designed to expel or launch, or may be readily converted to expel or launch a shot, bullet or projectile by the action of an explosive; usually limited to calibers less than 100 mm Key terminology Firearms Trafficking

9. CIFTA • Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials • Signed by OAS Member States in 1997 • Purpose • Prevent, combat, and eradicate the illicit manufacturing trafficking • Promote cooperation and exchange of information and experience • 31 States Parties; 3 signatories not yet ratified/acceded Firearms Trafficking

10. Obligations of States Parties • Establishment of jurisdiction over criminal offenses • Marking of firearms • At time of manufacture • Upon importation • Upon reutilization of confiscated/seized firearms for official use • Confiscation / forfeiture of illicit material • Ensuring security of all imported, exported or transiting material • Requiring export, import and international transit licenses • Strengthening controls at export points • Maintaining records for tracing and identification of illicitly trafficked material • Exchange of information, cooperation and technical assistance • Extradition for offenses according to the general extradition agreements between States Parties Firearms Trafficking

11. Sovereignty • States Parties shall carry out the obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of states and that of nonintervention in the domestic affairs of other states. • A State Party shall not undertake in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusively reserved to the authorities of that other State Party by its domestic law. • CIFTA does not preclude the application of any other rule of criminal jurisdiction established by a State Party under its domestic law. Firearms Trafficking

12. CIFTA structure • Conference of States Parties – every five years • Consultative Committee – annual • Promotes information exchange, cooperation and technical assistance among States Parties. • May request information from non-party states. • May convene experts’ groups for issue study and recommendations. • Decisions are recommendatory in nature. Firearms Trafficking

13. GS/OAS support OAS Department of Public Security serves as Technical Secretariat for CIFTA and carries out programs and projects that support its implementation: • Development of model legislation • “Promoting Firearms Marking in Latin America and the Caribbean” • Program of Assistance for Control of Arms and Munitions (PACAM) Firearms Trafficking

14. Model Legislation • Control of the International Movement of Firearms (1997) • Broker Regulations (2003) • Marking and Tracing (2007) • Strengthening Controls at Export Points (2008) • Establishment of Criminal Offenses (2008) • Confiscation and Forfeiture (2010) • Controlled Delivery (2012) • Confidentiality and exchange of information (2014) • Security measures (2014) Firearms Trafficking

15. Firearms Marking Project • Objective: Build capacity to mark and trace firearms. • Participation: 25 CIFTA States Parties – 2009-2014 • Funding: U.S. Department of State - $1.2 million • Execution: • Cooperation agreements with each recipient government • Donation of marking machines and recordkeeping software • Training of national personnel • Draft marking guidelines Firearms Trafficking

16. PACAM • Objective: Provide technical assistance to requesting States for support of efforts to secure, manage and/or destroy firearms, ammunition, explosives and other related material • Activities: • Training of national personnel • Destruction of ammunition/explosive material • Destruction of firearms (mobile system) • Remediation of sites contaminated by munitions • Assistance with physical security and management of stockpiles • Results: • Projects executed in seven States since 2007 • 60,000 firearms destroyed • 1,700 tons of ammunition destroyed • 500 national personnel trained Firearms Trafficking

17. Conclusions • Illicit firearms trafficking is interwoven with other criminal activities and poses a clear threat to citizen security in the Americas. • CIFTA provides a viable framework for prevention of the illicit trafficking and manufacture of firearms across throughout region. • The effectiveness of CIFTA in addressing illicit trafficking and manufacturing of firearms depends upon universal ratification and support from all of the States Parties. Firearms Trafficking

18. Carl E. Case General Coordinator Program of Assistance for Control of Arms and Munitions Department of Public Security Organization of American States Tel: +1 202-370-4680 Fax: +1 202-458-3545 ccase@oas.org Thank you Firearms Trafficking