Article I. - "Definitions"
For the purposes of the Convention it defines the terms: "illicit
manufacturing," "illicit trafficking," "firearms," "ammunitions,"
"explosives," "Other related materials," and "controlled delivery."
Article II. - "Purpose"
The purpose of the convention is to prevent, combat, and eradicate
illicit manufacturing and trafficking in firearms, ammunition, explosives,
and other related materials; and to promote and encourage cooperation and
exchange of information and experience among states in order to prevent,
combat, and eradicate the illicit manufacturing of and trafficking in
these items.
Article III. - "Sovereignty"
States are required to carry out the obligations under the Convention
by respecting the principles of sovereignty and territory of states, and
by not interfering in the internal affairs of other states. States
undertake not to exercise legal authority or perform any actions in
another state which are under the domestic law and jurisdiction of that
other state.
Article IV. - "Legislative Measures"
States that have not done so are required to adopt necessary
legislative or other measures to criminalize acts of illicit manufacturing
and trafficking in firearms, ammunition, explosives, and other related
materials, as those terms are defined in the Convention. The acts that
must be criminalized include participation in, association or conspiracy
to commit, attempts to commit, and aiding, abetting, facilitating, and
counseling in committing illicit manufacturing and trafficking.
Article V. - "Jurisdiction"
This Article obligates each State to exercise legal authority over
offenses included in the Convention when committed in its territory, or
when the alleged criminal is present in its territory but extradition to
the country where the offense was committed is refused on the basis of the
person's nationality. Article V.2 allows, but doesn't require, each state
to adopt the necessary measures to establish its legal authority over such
offenses when committed by one of its nationals or by a person who lives
in its territory.
Article VI. - "Marking of Firearms"
This Article requires States to require, at the time of manufacture,
appropriate markings of the name of manufacturer, place of manufacture,
and serial number, for identification and tracing. In addition, States are
required to use appropriate markings on imported firearms, including the
importer's name and address, and appropriate markings on any firearms
confiscated or forfeited pursuant to Article VII that are kept for
official use of the State.
Article VII. - "Confiscation or Forfeiture"
States will confiscate or forfeit firearms, ammunition, explosives, and
other related materials that have been illicitly manufactured or have been
part of illicit trafficking. The states must ensure that all such items do
not fall into the hands of private individuals or businesses through
auction, sale, or other means.
Article VIII. - "Security Measures"
States commit to adopt measures to ensure the security of firearms,
ammunition, explosives, and other related materials imported, exported, or
transited through their own territories in order to eliminate loss or
diversion.
Article IX. - "Export, Import, and Transit Licenses or
Authorizations"
States are required to establish or maintain an effective system of
export, import, and international licenses or transit authorizations for
firearms, ammunition, explosives, and other related materials. States may
not permit firearms to be exported or transited across their borders
without proper licensing from the receiving and in-transit
countries.
Article X. - "Strengthening of Controls at Export Points"
Each state must take necessary measures to detect and prevent illicit
trafficking in firearms, ammunition, explosives, and other related
materials between its territory and that of other states by strengthening
controls at export locations.
Article XI. - "Recordkeeping"
Each State is required to ensure record keeping of necessary
information for a reasonable time to trace and identify illicitly
manufactured and trafficked firearms so as to enable such State to comply
with obligations under Articles XIII and XVII.
Article XII. - "Confidentiality"
States will guarantee confidentiality of any information they receive,
if requested by the state providing the information. If confidentiality
cannot be kept for legal reasons, the state providing the information must
be notified before disclosure of the information.
Article XIII. - "Exchange of Information"
States will exchange relevant information on authorized producers,
dealers, importers, exporters, and, whenever possible, carriers, of
firearms, ammunition, explosives, and other related materials, consistent
with their own domestic laws and treaties. The Article also covers
exchanges of information on means of concealment of illicit manufacturing
or trafficking in those items, as well as information on routes ordinarily
used by criminal organizations engaged in such trafficking. The Article
also requires exchanges of information on legislative experiences,
practices, and measures to prevent, combat, and eradicate such illicit
manufacturing and trafficking, as well as on techniques, practices, and
legislation to combat money laundering related to such offenses. Finally,
the Article calls for sharing of scientific and technological information
useful for law enforcement, and cooperation in tracing of illicitly
manufactured or trafficked firearms and related items.
Article XIV. - "Cooperation"
States will 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. States will select a national body or a point of contact to act
as liaison with other states, as well as between them and the Consultative
Committee established in Article XX, in order to cooperate and exchange
information.
Article XV. - "Exchange of Experience and Training"
Requires states to cooperate in constructing programs to exchange
experience and training among competent officials, and to help each other
in improving access to effective equipment or technology to implement the
Convention. States are to cooperate with each other and with competent and
appropriate international organizations to ensure that there is adequate
training of personnel in their own states to eradicate arms
trafficking.
Article XVI. - "Technical Assistance"
Requires states to cooperate with each other and with appropriate
international organizations, so that requesting states receive necessary
technical assistance to improve their ability to prevent, combat, and
eradicate the illicit manufacturing of and trafficking in firearms,
ammunition, explosives, and other related materials.
Article XVII. - "Mutual Legal Assistance"
This Article contains standard mutual legal assistance provisions of
the sort contained in multilateral treaties on law enforcement matters.
The Article provides that the States shall provide each other with the
widest possible measure of mutual legal assistance, for the purpose of
helping States obtain evidence and facilitate procedures and steps
necessary for the investigation and prosecution of offenses covered under
the treaty.
Article XVIII. - "Controlled Delivery"
This article directs states to take necessary measures, within their
domestic legal systems, to allow appropriate controlled delivery, at the
international level, on the basis of agreements or arrangements mutually
consented to, for the purpose of identifying persons involved in the
offenses referred to in Article IV and to taking legal action against
them. Decisions by states to use controlled delivery shall be made on a
case-by-case basis and may take financial arrangements into consideration,
as well as understandings about the exercise of legal authority by the
states involved.
Article XIX. - "Extradition"
This article contains standard provisions on extradition of the sort
contained in other multilateral treaties on law enforcement matters.
However, Article XIX.6 is an improvement over similar provisions in other
treaties because it requires that in cases where states refuse to
extradite someone because that person is a national, decisions regarding
their prosecution must be made under the same standards as applied if the
offense had been committed in that state. The Article applies to the
offenses referred to in Article IV of the Convention, and provides that
each of these offenses will be considered extraditable offenses in any
extradition treaty in force between or among the states. In addition, the
states will include these offenses as extraditable offenses in every
extradition treaty concluded between or among them in the future.
Article XX. - "Establishment and Functions of the Consultative
Committee"
A Consultative Committee is established by the Treaty. This body will
promote exchange of information; facilitate the exchange of information on
domestic legislation and administrative procedures of the states;
encourage cooperation between national liaison authorities to detect
suspected illicit exports and imports of firearms, ammunition, explosives,
and other related materials; promote training and exchange of knowledge
and experience among states and technical assistance between states and
relevant international organizations, as well as academic studies;
requesting from nonparty states, appropriate information on the illicit
manufacturing of and trafficking in firearms, ammunition, explosives, and
other related materials; and promoting measures to facilitate the
Convention. Decisions of the Consultative Committee will be only
recommendations, and the Consultative Committee is required to keep the
confidentiality of any information it receives, if requested.
Article XXI. - "Structure and Meetings of the Consultative
Committee"
The Consultative Committee will consist of one representative from each
state, and will hold one regular meeting each year and special meetings as
necessary. The first regular meeting shall be held within 90 days after
10th OAS member states has ratified the Convention. The Consultative
Committee will prepare its own rules of procedure and they will be adopted
by absolute majority.
Articles XXII - "Signature"
The Convention is open for signature by member states of the OAS.
Article XXIII. - "Ratification"
The Convention is subject to ratification and instruments of
ratification are to be deposited with the OAS General Secretariat.
Article XXIV. - "Reservations"
Reservations to the Convention are permitted, provided that they are
compatible with the object and purposes of the Convention and that they
directly relate to one or more of its specific provisions.
Article XXV. - "Entry into Force"
The Convention enters into force with the second state party�s deposit
of an instrument of ratification with the OAS Secretariat. For each state
ratifying after entry into force, the Convention will enter into force on
the 30th day following deposit of that states' instrument of ratification.
Article XXVI. � "Denunciation"
The Convention will remain in force indefinitely, but any state Party
may end its participation in the treaty by depositing an instrument of
denunciation with the OAS General Secretariat. Denunciation will take
effect six months after the date of deposit of the instrument, but any
requests made to the denouncing state for information or assistance during
those six months will be valid.
Article XXVII. - "Other Agreements and Practices"
The Convention will not prevent states from mutually cooperating under
other existing or future international, bilateral, or multilateral
agreements, or any other applicable arrangements or practices. States may
adopt stricter measures than the Convention's if, in their opinion, such
measures are desirable to prevent, combat, and eradicate the illicit
manufacturing of and trafficking in firearms, ammunition, explosives, and
other related materials.
Article XXVIII. - "Conference of States Parties"
Five years after entry into force of the Convention, the OAS
Secretariat will hold a conference of the states to review the functioning
of the Convention and how it is being applied. Each conference will decide
the date of the next conference.
Article XXIX. - "Dispute Settlement"
Any dispute which may arise about the Convention will be resolved
primarily through diplomatic channels and secondarily by any other method
of peaceful settlement states decide upon.
Article XXX. - "Deposit"
The OAS General Secretariat is the depositary for the treaty. The OAS
General Secretariat will notify the OAS member states of signatures,
deposits of instruments of ratification and denunciation, and of any
reservations.
Annex
The Convention includes an "Annex," which contains a list of items that
are not included in the definition of the term "explosives," such as
compressed gases, flammable liquids, and explosive actuated devices such
as air bags and fire extinguishers.