A/RES/55/255
(ii) Without a licence or authorization from a competent authority of the
State Party where the manufacture or assembly takes place; or
(iii) Without marking the firearms at the time of manufacture, in accordance
with article 8 of this Protocol;
Licensing or authorization of the manufacture of parts and components shall be in
accordance with domestic law;
(e) “Illicit trafficking” shall mean the import, export, acquisition, sale,
delivery, movement or transfer of firearms, their parts and components and
ammunition from or across the territory of one State Party to that of another State
Party if any one of the States Parties concerned does not authorize it in accordance
with the terms of this Protocol or if the firearms are not marked in accordance with
article 8 of this Protocol;
(f)
possible,
purchaser
detecting,
“Tracing” shall mean the systematic tracking of firearms and, where
their parts and components and ammunition from manufacturer to
for the purpose of assisting the competent authorities of States Parties in
investigating and analysing illicit manufacturing and illicit trafficking.
Article 4
Scope of application
1.
This Protocol shall apply, except as otherwise stated herein, to the
prevention of illicit manufacturing of and trafficking in firearms, their parts and
components and ammunition and to the investigation and prosecution of offences
established in accordance with article 5 of this Protocol where those offences are
transnational in nature and involve an organized criminal group.
2.
This Protocol shall not apply to state-to-state transactions or to state
transfers in cases where the application of the Protocol would prejudice the right of
a State Party to take action in the interest of national security consistent with the
Charter of the United Nations.
Article 5
Criminalization
1.
Each State Party shall adopt such legislative and other measures as may
be necessary to establish as criminal offences the following conduct, when
committed intentionally:
(a) Illicit manufacturing of firearms, their parts and components and
ammunition;
(b) Illicit
ammunition;
trafficking
in
firearms,
their
parts
and
components
and
(c) Falsifying or illicitly obliterating, removing or altering the marking(s) on
firearms required by article 8 of this Protocol.
2.
Each State Party shall also adopt such legislative and other measures as
may be necessary to establish as criminal offences the following conduct:
(a) Subject to the basic concepts of its legal system, attempting to commit or
participating as an accomplice in an offence established in accordance with
paragraph 1 of this article; and
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