INFORME DEL COMITÉ CONSULTIVO DE LA CIFTA ANTE LA …



PERMANENT COUNCIL OF THE OEA/Ser.G

ORGANIZATION OF AMERICAN STATES CP/CSH-701/05

5 May 2005

COMMITTEE ON HEMISPHERIC SECURITY Original: Spanish

REPORT OF THE CONSULTATIVE COMMITTEE OF THE CIFTA TO THE

COMMITTEE ON HEMISPHERIC SECURITY OF THE OAS PERMANENT COUNCIL

[Presented at the Committee meeting of May 3, 2005, pursuant to

General Assembly resolution AG/RES. 1999 (XXXIV-O/04)]

REPORT OF THE CONSULTATIVE COMMITTEE OF THE CIFTA TO THE

COMMITTEE ON HEMISPHERIC SECURITY OF THE OAS PERMANENT COUNCIL

May 3, 2005

Chair of the Committee on Hemispheric Security:

Distinguished representatives:

The Secretariat pro tempore of the Consultative Committee of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) is pleased to present, on behalf of the Consultative Committee, this report on the decisions adopted at its Sixth Regular Meeting, held on April 14 and 15, 2005.

I shall be brief, Madam Chair. Most of the delegations here present were able to participate in the Sixth Regular Meeting of the Consultative Committee, which means that I need not get into details and can quickly draw attention to the most significant matters.

First of all, I should mention that during the period between the Fifth and Sixth Regular Meetings, four states of the Hemisphere ratified the Convention: Barbados, Dominica, Honduras, and Saint Kitts and Nevis. This brings to 26 the number of states party to the CIFTA.

As in the past, the Consultative Committee invited those states that had signed the Convention but not yet deposited their instruments of ratification to participate in the Meeting.

Madam Chair, as requested by the General Assembly in resolution AG/RES. 1999 (XXXIV-O/04), the Consultative Committee approved a proposed methodology for preparing model legislation on the areas covered by the CIFTA, which, in keeping with the provisions of that resolution, I am submitting to you for presentation to the Permanent Council.

For the same purpose, I am also submitting to you a Permanent Council draft resolution whereby the Council approves the methodology and establishes and convenes a group of experts to prepare the model legislation. According to the proposal, the working group should begin its work on February 6 and 7, 2006.

These documents, prepared by the Consultative Committee with the valuable support of the Office of Inter-American Law and Programs and the CICAD Secretariat, have been carefully reviewed and considered and meet the requirements established in resolution AG/RES. 1999 (XXXIV-O/04). I would ask you to present them to the Permanent Council for consideration as soon as possible.

Likewise, Madam Chair, the Consultative Committee approved two other very important methodologies, both of which are intended to strengthen cooperation and provide appropriate follow-up to implementation of the CIFTA, namely:

• A methodology to facilitate the preparation and presentation of the states party’s reports on the situation, problems, challenges, and experiences, both positive and negative, they have encountered in connection with the different issues covered by the CIFTA; and

• A methodology for moving forward in the drafting of a recommendation to be presented to the Second Conference of the States Party on how the Consultative Committee could strengthen its follow-up on the Convention’s implementation.

As established in the first of these methodologies, the states party will transmit to the Secretariat pro tempore, no later than the first week of December 2006, the first reports on the articles of the Convention selected for that year, and then, in the first half of 2007, will make presentations on them to a closed meeting of the Consultative Committee. Once these presentations have been completed, the Consultative Committee will have to identify the strengths, difficulties, and common challenges encountered in connection with the issues addressed and the most pressing needs in terms of cooperation.

According to the second methodology, after examining how other mechanisms for following up on or assessing the implementation of treaties or international commitments operate, including CICAD’s Multilateral Evaluation Mechanism and the Follow-up Mechanism for Implementation of the Inter-American Convention against Corruption, the Consultative Committee will develop a proposal on how to strengthen follow-up to implementation of the CIFTA, and present it to the Second Conference of the States Party, slated for 2008.

At the Seventh Regular Meeting of the Consultative Committee, to be held in early 2006, as agreed to in the 2005-2006 Work Program, the states, through their single points of contact, will present general information on developments and progress made in implementing the Convention.

Furthermore, at its Sixth Regular Meeting, the Consultative Committee adopted the agenda and convened a first meeting of national authorities directly responsible for granting export, import, and transit licenses or authorizations for transfers of firearms, to be held at OAS headquarters on October 6 and 7, 2005. This meeting will address such important matters as the implementation of a viable, effective, secure, and sustainable network for information exchange concerning authorizations or licenses; the development of common or harmonized elements in certificates and documents for the import, export, and international transit of firearms; the establishment or consolidation of standard, electronic, and secure registers of transactions; and necessary practical security measures to reduce possibilities of forgery or fraud in licenses.

Likewise, the Consultative Committee decided to ask the respective central authorities for mutual legal assistance in criminal matters to consider at the Second Meeting of Central Authorities for Mutual Legal Assistance in Criminal Matters in the Context of the REMJA, which will take place shortly in Brasilia, the topic of strengthening hemispheric cooperation in the investigation, prosecution, and punishment of offenses related to the illicit manufacturing of and trafficking in firearms.

Also of special importance was the decision taken by the Consultative Committee to put together a directory of operational points of contact for tracing firearms and to establish a secure network for those operational authorities to exchange confidential information.

The Consultative Committee considered that the communication infrastructure currently in place in the Organization of American States could be used for that purpose, e.g., the “OASIS” and “Groove” systems.

Lastly, I would like to draw attention to two mandates that the Consultative Committee entrusted to the Secretariat pro tempore: the first, that it participate in the work of the Committee on Hemispheric Security on the progress and implementation of the United Nations Program of Action to Prevent, Combat, and Eliminate the Illicit Traffic in Small Arms and Light Weapons in All Its Aspects; and the second, that it participate in the second biannual meeting of the United Nations Programme of Action on Small Arms and Light Weapons (UNPoA), to be held from July 11 to 15, 2005.

Madam Chair, the Consultative Committee of the CIFTA has reaffirmed its interest in continuing to present biannual reports to the Committee on Hemispheric Security in order to facilitate the task of preparing coordinated strategies and comprehensive plans of action on new threats, concerns, and other challenges to hemispheric security.

I submit to you, Madam Chair, the documents approved by the Consultative Committee at its sixth regular meeting, including the Work Program it adopted for 2005-2006, as well as the report presented by its Secretariat pro tempore on the Committee’s 2004-2005 activities, and ask you to include them as an integral part of this report.

Thank you very much.

ALVARO TIRADO MEJIA

Ambassador, Permanent Representative of Colombia to the OAS

Secretary pro tempore of the Consultative Committee of the CIFTA

APPENDIX I

INTER-AMERICAN CONVENTION AGAINST the OEA/Ser.L/XXII.2.6

illicit manufacturing of and trafficking CIFTA/CC-VI/doc.8/05 rev. 1

in Firearms, ammunition, explosives, 22 April 2005

AND OTHER RELATED MATERIALS (CIFTA) Original: Spanish

Consultative Committee

Sixth Regular Meeting

April 14 and 15, 2005

Washington, D.C.

DRAFT RESOLUTION

ADOPTION OF THE METHODOLOGY AND FORMATION AND CONVOCATION

OF THE CIFTA-CICAD GROUP OF EXPERTS TO PREPARE MODEL LEGISLATION

ON THE AREAS COVERED BY THE CIFTA

(Approved at the first session, held on April 14, 2005)

DRAFT RESOLUTION

ADOPTION OF THE METHODOLOGY AND FORMATION AND CONVOCATION

OF THE CIFTA-CICAD GROUP OF EXPERTS TO PREPARE MODEL LEGISLATION

ON THE AREAS COVERED BY THE CIFTA

(Approved at the first session, held on April 14, 2005)

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

CONSIDERING:

That, in resolution AG/RES. 1999 (XXXIV-O/04), the General Assembly instructed the Permanent Council to consider the adoption of a methodology for the development of model legislation on the subjects mentioned in paragraph 6.b of the Declaration of Bogotá on the Functioning and Application of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), on the basis of a proposal drafted by the Consultative Committee of the CIFTA;

That in that resolution the General Assembly also instructed the Permanent Council to take the necessary decisions, once the methodology referred to in the previous paragraph had been considered and approved, to allow for the formation and convocation of a single group of experts for CIFTA-CICAD in order to make progress toward the preparation of model legislation on those areas covered by the CIFTA;

That, again in that resolution, the General Assembly stipulated that the meetings of that group of experts be held within the resources allocated in the program-budget of the Organization and other resources; and

That in that resolution the General Assembly further requested the General Secretariat to strengthen the administrative and technical secretariat support required for these purposes;

TAKING INTO ACCOUNT that the Consultative Committee of the CIFTA has presented to this Permanent Council, through the Committee on Hemispheric Security, the “Proposed Methodology for the Development of Model Legislation for the Purpose of Facilitating the Effective Application of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials” (CP/CSH…./05); and

RECOGNIZING the importance of the “Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components, and Ammunition – Updated” and the “Amendments to the Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components, and Ammunition – Provisions on Brokers,” both of which were prepared by the Inter-American Drug Abuse Control Commission (CICAD),

RESOLVES:

1. To adopt the Methodology for the Development of Model Legislation for the Purpose of Facilitating the Effective Application of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials, attached hereto.

2. To form the CIFTA-CICAD Group of Experts to Prepare Model Legislation on the Areas Covered by the CIFTA, as provided in the aforementioned Methodology.

3. To schedule the first meeting of the Group of Experts for February 6 and 7, 2006 and direct that it be held at the headquarters of the General Secretariat of the Organization in Washington, D.C.

4. To encourage the states party to the CIFTA, the nonparty states, permanent observers, and international organizations to make voluntary contributions in order to facilitate the development of model legislation.

5. To request the Secretariat pro tempore of the Consultative Committee of the CIFTA to report semiannually to the Permanent Council, through the Committee on Hemispheric Security, on the work of the Group of Experts.

6. To request the General Secretariat to provide the administrative and technical secretariat support required for these purposes.

INTER-AMERICAN CONVENTION AGAINST THE OEA/Ser.L/XXII.2.6

ILLICIT MANUFACTURING OF AND TRAFFICKING CIFTA/CC-VI/doc.5/05 rev. 1 corr. 1

IN FIREARMS, AMMUNITION, EXPLOSIVES, AND 22 April 2005

OTHER RELATED MATERIALS (CIFTA) Original: Spanish

Consultative Committee

Sixth regular meeting

April 14 and 15, 2005

Washington, D.C.

PROPOSED METHODOLOGY FOR THE DEVELOPMENT OF MODEL LEGISLATION

FOR THE PURPOSE OF FACILITATING THE EFFECTIVE APPLICATION

OF THE INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING

OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES,

AND OTHER RELATED MATERIALS (CIFTA)

(Approved at the First Session, held on April 14, 2005)

METHODOLOGY FOR THE DEVELOPMENT OF MODEL LEGISLATION

FOR THE PURPOSE OF FACILITATING THE EFFECTIVE APPLICATION

OF THE INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING

OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES,

AND OTHER RELATED MATERIALS (CIFTA)

(Approved at the First Session, held on April 14, 2005)

INTRODUCTION

This document sets out a methodology for the development of model legislation for the purpose of facilitating full legislative implementation of the CIFTA in accordance with operative paragraphs 4 and 5 of General Assembly resolution AG/RES. 1999 (XXXIV-O/04); paragraph 6 of the Declaration of Bogotá on the Functioning and Application of the CIFTA (CIFTA/CE-I/DEC.1/04 rev. 3), approved at the First Conference of the States Party, held in Bogotá, Colombia, March 8 and 9 of 2004; and paragraph 2 of the Work Program for 2004-2005 of the Consultative Committee of the CIFTA (CIFTA/CC-V/doc.4/04 rev. 1), adopted at the Committee’s Fifth Meeting, on May 10, 2004.

For purposes of the foregoing, this document will address the objective of the methodology; the thematic areas to which the model legislation should refer, as well as the stages for its development; the procedures for the consideration and adoption of model legislation at each stage; the organization and operation of the CIFTA-CICAD Group of Experts (hereinafter referred to as “the Group of Experts”); the reports to the Consultative Committee, CICAD, and the Permanent Council; the contributions of permanent observer states, other international organizations, and civil society organizations; the distribution and promotion of the model legislation to the member states for its consideration and adoption; and, the funding and review of this methodology.

I. OBJECT OF THE METHODOLOGY

The object of this methodology is to define the procedures and the other technical, administrative, or logistical aspects necessary to ensure the effective achievement of the mandate to develop model legislation with the goal of facilitating full legislative implementation of the CIFTA in accordance with the Declaration of Bogotá and General Assembly resolution AG/RES. 1999 (XXXIV-O/04).

II. THEMATIC AREAS OF THE MODEL LEGISLATION AND STAGES FOR ITS DEVELOPMENT

A. THEMATIC AREAS TO BE COVERED BY THE MODEL LEGISLATION

In accordance with the Declaration of Bogotá, the model legislation to be developed is intended to address areas under the CIFTA that are not covered by the Model Regulations of CICAD. In this respect, the Declaration of Bogotá establishes that, in particular, the legislation should deal with the following matters:

1. Criminalization of the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials (Article IV, CIFTA).

2. Marking of firearms (Article VI).

3. Confiscation or forfeiture (Article VII).

4. Security measures (Article VIII).

5. Strengthening of controls at export points (Article X).

6. Record-keeping, confidentiality, and exchange of information (Articles XI, XII and XIII).

7. Controlled delivery (Article XVIII).

8. Such legislative measures as are necessary to ensure the fulfillment of the purpose and effective application of the CIFTA with relation to ammunition, explosives, and other related materials, in accordance with the definitions established under Article I of the Convention.

B. STAGES FOR THE DEVELOPMENT OF THE MODEL LEGISLATION IN RELATION TO DIFFERENT THEMATIC AREAS

The model legislation to be developed will be prepared in different stages, bearing in mind the thematic areas referred to in the preceding section.

In the first stage–considered as a pilot stage--the Group of Experts will devote itself to the development of the model legislation in relation to the marking of firearms, in accordance with the provisions of Article VI of the CIFTA and with this methodology.

Once this stage has been completed, the Consultative Committee of the CIFTA will define the subject matters which the Group of Experts will take up in the next stage, bearing in mind the considerations and proposals that the Group has made known to the Committee in this regard. This procedure will be repeated at the end of each stage until the full mandate of developing the model legislation has been achieved with respect to the various subjects to which the CIFTA refers.

III. PROCEDURE FOR THE CONSIDERATION AND ADOPTION OF THE MODEL LEGISLATION IN EACH STAGE

The following procedure shall be used in the development of each stage of the model legislation:

1. The Technical Secretariat to the Group of Experts, referred to in section 5 of chapter IV of this methodology, will prepare a preliminary draft of the model legislation relating to the thematic area to be considered by the Group of Experts at its next meeting.

2. In developing the preliminary draft of the model legislation:

a. The Technical Secretariat to the Group of Experts will take into account the information that it collects and maintains on the legislation of the OAS member states in relation to the subject matters to which the CIFTA refers, as well as that which can be found on the System for the Administration of Small Arms and Light Weapons (SALSA) and any other source that it considers appropriate in a particular field.

b. Member states of the OAS can volunteer support to the Technical Secretariat through government experts with background training, technical knowledge, and direct and specific knowledge in relation to specific matters to be addressed in the model legislation. To this end, the member states, through their permanent missions to the OAS, will inform the Secretariat pro tempore of the Consultative Committee of the CIFTA of the appropriate information about the expert (name; position; department; e-mail address; telephone and facsimile numbers) and the specific area of the individual’s expertise, which will then be conveyed to the Technical Secretariat. Having this information, the Technical Secretariat will consult the experts, by electronic or by written means, on those aspects related to the experts’ knowledge and experience in the development of the corresponding preliminary draft model legislation.

3. Once the development of the preliminary proposal for model legislation in the corresponding thematic area has been developed, the Technical Secretariat will send it to the Secretariat pro tempore of the Consultative Committee of the CIFTA which, in turn, will forward it to the states party to the Convention as well as to the signatory states, through their respective permanent missions to the OAS, and will convene the Group of Experts to consider the proposal and adopt a text.

4. The text adopted by the Group of Experts will be transmitted to the Consultative Committee of the CIFTA.

5. Once the foregoing has been completed, the Secretariat pro tempore of the Consultative Committee of the CIFTA will notify CICAD of its completion and present the text to the Permanent Council of the OAS, through the Committee on Hemispheric Security, for its consideration and transmittal to the General Assembly of the OAS.

6. Final adoption of the model legislation will be by the General Assembly of the OAS.

7. The foregoing procedure will be repeated for each stage until the entire mandate of developing model legislation with respect to the various matters to which the CIFTA refers has been completed.

IV. ORGANIZATION AND OPERATION OF THE GROUP OF EXPERTS

1. Composition

The Group will be comprised of government experts from the states party to the CIFTA and the states that, although they are not party to the CIFTA, are members of the OAS.

For the effective achievement of the mandate that applies to the Group, the states will ensure that the experts that they accredit to participate in the Group’s meetings have the background training, technical knowledge, and specific experience in the thematic area under the Group’s consideration.

2. Meetings

Subject to the availability of funds, the Group of Experts will endeavor to meet twice per year. It will also be attempted to hold one of the meetings of the Group immediately prior to or after the annual meeting of the Consultative Committee of the CIFTA.

3. Authorities

The Group of Experts will have a Chair and a Vice-Chair, who will be elected for a period of one year and who may be reelected for the next immediate one-year period thereafter.

If the Chair is temporarily absent, the Vice-Chair shall replace him/her. In the event that the Chair’s absence is permanent, the Vice-Chair shall assume the functions of the Chair and the Group shall elect a new Vice-Chair for the remainder of the period.

If the Vice-Chair is absent on a permanent basis, the Group shall elect a new Vice-Chair for the remainder of the period.

4. Decisions

The Group of Experts shall take its decisions by consensus.

For the adoption of decisions, the Group of Experts shall bear in mind that its mandate consists of the development of legislation that it considers the most appropriate as a model or guide for the actions to be taken by the states.

In exceptional circumstances, when it is determined that on a specific matter there are differences that derive from the constitutional order of a state or a group of states, alternative versions of the respective provisions of the model legislation can be prepared, provided that these are not contrary to the provisions of the CIFTA and that these are directed towards the fulfillment of the objectives and specific measures of the Convention that are to be regulated, when this is considered a more opportune approach than the simple fusion or conciliation of divergent texts.

5. Secretariat

The services of Technical Secretariat to the Group of Experts shall be provided by the legal advisors to the Consultative Committee of the CIFTA and to CICAD of the Department of Legal Affairs and Services of the OAS.

Other secretariat services to the Group of Experts shall be provided by the secretariat of the committees which provides these services to the Consultative Committee of the CIFTA, pursuant to a designation by the Secretariat of the General Assembly, the Meeting of Consultation, the Permanent Council, and Subsidiary Organs of the OAS.

6. Other matters

Other regulatory and procedural aspects not addressed by this methodology will be governed by the Rules of Procedure of the Consultative Committee of the CIFTA.

V. REPORTS TO THE CONSULTATIVE COMMITTEE, CICAD AND THE PERMANENT COUNCIL

The Group of Experts will report to the Secretariat pro tempore semiannually, and to the Consultative Committee of the CIFTA annually, on the progress of its mandate. The Secretariat pro tempore of the Consultative Committee will report to CICAD and the Permanent Council in this regard through the Committee on Hemispheric Security.

VI. CONTRIBUTIONS BY PERMANENT OBSERVER STATES TO THE OAS

The permanent observer states to the OAS can contribute to the development of the model legislation in the following manner:

a. At the beginning of each stage, permanent observer states can provide documents to the Technical Secretariat, with corresponding electronic copies, that are directly related to the thematic areas of the proposed model legislation under consideration and that can contribute to its development. The Technical Secretariat will provide these documents to the missions of the OAS member states through the electronic mail system.

b. The government experts of the permanent observer states can make presentations, preferably in writing, to the meetings of the Group of Experts with respect to legal developments and experiences in their application in relation to the thematic areas under consideration by the Group for the preparation of model legislation. The Group of Experts will make a determination on these submissions and, finding them to be of value, will determine the opportunity in which the corresponding presentations will be made.

VII. CONTRIBUTIONS BY OTHER INTERNATIONAL ORGANIZATIONS

In the development of the preliminary proposed model legislation at each stage, the Technical Secretariat will take into account developments by other international organizations with respect to the various thematic areas.

Likewise, the Group of Experts may invite representatives of other international organizations to its meetings to present, preferably in writing, specifics of the developments that the organizations have made with respect to the thematic areas of the proposed model legislation under consideration by the Group.

VIII. CONTRIBUTIONS BY CIVIL SOCIETY ORGANIZATIONS

Civil society organizations specialized in the areas indicated in chapter II of this methodology may make contributions to the development of model legislation. Said contributions shall be made in accordance with the procedures established for the participation of civil society organizations in OAS activities.

For the foregoing purposes:

a. At the beginning of each stage, civil society organizations may provide to the Technical Secretariat documents containing specific proposals that they deem appropriate in relation to the thematic areas to be addressed in the corresponding preliminary draft proposal for model legislation.

b. Once the preliminary draft proposal for model legislation has been developed by the Technical Secretariat, it will be disseminated by means of the CIFTA web page, and the civil society organizations referred to above may provide documents with observations or proposals in relation to specific aspects of the proposed model legislation.

c. If the Group of Experts deems it appropriate, it may invite a civil society organization to make verbal presentations at its meetings in relation to the proposals that the organization has submitted previously in writing, in accordance with paragraphs (a) and (b).

Documents from the civil society organizations should be presented through the Technical Secretariat by electronic means, not less than one month prior to the meeting at which the proposed legislation will be considered by the Group of Experts.

The Technical Secretariat will provide these documents to the permanent missions of the OAS member states by e-mail.

The documents submitted by civil society organizations in accordance with these measures shall be distributed in the language in which they are presented. Civil society organizations will make every possible effort to provide translations of their documents into one or more of the other official languages of the OAS, in electronic format for distribution.

Documents from the civil society organizations that are not submitted in electronic form will be distributed at the next corresponding meeting, so long as they do not exceed ten (10) pages. In the case of longer documents, the corresponding civil society organization should submit sufficient copies to the Secretariat at least one day in advance of the meeting for distribution.

IX. DISSEMINATION AND PROMOTION OF THE MODEL LEGISLATION AMONG THE MEMBER STATES OF THE OAS

The model legislation that is approved in each stage and adopted by the OAS General Assembly shall be disseminated through the Internet, by means of the CIFTA’s web page, and by such other means as may be appropriate.

The OAS member states undertake to ensure that the model legislation shall be disseminated among their national authorities and bodies interested in and with competence on the subject matter.

Once the process of developing the model legislation in relation to the various thematic areas has been completed, it shall be disseminated as widely as possible. In addition, technical cooperation projects shall be developed to promote consideration and adoption of the model legislation at the national level. To this end, and with the leadership of the Secretariat pro tempore of the CIFTA, efforts will be made to obtain the necessary external funding.

X. FINANCING

In accordance with operative paragraph 9 of resolution AG/RES. 1999 (XXXIV-O/04), the meetings of the CIFTA-CICAD Group of Experts will be held within the resources allocated in the OAS program-budget and other resources. The Secretariat pro tempore of the Consultative Committee, with the support of the General Secretariat, will take the necessary steps to this end.

For the financing of other costs necessary for the development, translation, review, and distribution of the model legislation, under the leadership of the Secretariat pro tempore and with the support of the General Secretariat, voluntary contributions will be sought from the states party to the CIFTA, OAS member states that are not party to the Convention, permanent observer states, and international organizations, as well as from any other source from which funds may be received, in accordance with the General Standards to Govern the Operations of the General Secretariat of the Organization of American States.

XI. REVIEW OF THE METHODOLOGY

Taking into account the experience gained in each stage, the Consultative Committee of the CIFTA may review the existing methodology and propose such changes to it as it considers necessary to the Permanent Council, through the Committee on Hemispheric Security, for its consideration and adoption.

APPENDIX II

INTER-AMERICAN CONVENTION AGAINST the OEA/Ser.L/XXII.2.6

illicit manufacturing of and trafficking CIFTA/CC-VI/doc.15/05

in Firearms, ammunition, explosives, 5 May 2005

AND OTHER RELATED MATERIALS (CIFTA) Original: Spanish

Consultative Committee

Sixth Regular Meeting

September 14 and 15, 2005

Washington, D.C.

REPORT OF THE SECRETARIAT PRO TEMPORE OF THE CONSULTATIVE COMMITTEE

OF THE CIFTA ON ACTIVITIES DURING THE 2004-2005 TERM

REPORT OF THE SECRETARIAT PRO TEMPORE OF THE CONSULTATIVE COMMITTEE

OF THE CIFTA ON ACTIVITIES DURING THE 2004-2005 TERM

Introduction

The Secretariat pro tempore is pleased to present the report on activities during the 2004-2005 term, as provided in Article 6.c of its Rules of Procedure. The frame of reference and guide for its preparation was the Work Program adopted by the States Parties to the Convention at the fifth regular meeting of the Consultative Committee.

Status of signatures and ratifications of the Convention

As you know, as of May 10, 2004, the date of our fifth regular meeting, 22 states of the Hemisphere had ratified the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA). Since then, four additional states have ratified the Convention: Barbados, Dominica, Honduras, and Saint Kitts and Nevis. This means that 26 countries are now states parties to our Convention.

Other signatory states have advised that their legislatures are taking the necessary steps for ratification and are adopting measures and mechanisms consistent with the objective of the Convention.

As requested in the Work Program for the 2004-2005 term, on two occasions, November 5, 2004, and April 6, 2005, the Secretariat pro tempore communicated in writing with all OAS member states that had not yet ratified the Convention, encouraging them to do so promptly. As also requested in the 2004-2005 Work Program, the Secretariat pro tempore invited signatory states not parties to continue their participation in the Consultative Committee’s activities, to adopt measures consistent with the aims of the CIFTA, and to share with the Consultative Committee, in the context of this meeting, the steps they were taking to achieve its prompt ratification.

The Declaration of Bogotá and OAS General Assembly resolution AG/RES. 1999

To begin implementing the commitments we assumed at the First Conference of States Parties, at our fifth regular meeting the Consultative Committee decided to present to the OAS General Assembly a number of initiatives on opportunities for cooperation in pursuing the objectives and aims of the Convention. To that end, the Secretariat pro tempore submitted a draft resolution that received firm support from all delegations of states parties to the CIFTA; the resolution was adopted by the General Assembly as AG/RES. 1999 (XXXIV-O/04).

I would like to point to three aspects of resolution AG/RES. 1999 which I consider of the utmost importance:

a. The formation of a group of experts to prepare model legislation on areas covered by the CIFTA

In resolution AG/RES. 1999, the General Assembly instructed the Permanent Council of the Organization to adopt a methodology for the development of model legislation, based on a proposal that would be drafted by the Consultative Committee.

It also instructed the Council to form and convene a group of experts for that purpose. Resolution AG/RES. 1999 established that the meetings of the Group of Experts would be held within resources allocated in the program-budget of the Organization.

As requested by this Consultative Committee in the 2004-2005 Work Program, the Secretariat pro tempore, with the valuable support of the Office of Inter-American Law and Programs and the CICAD Secretariat, drew up a proposed procedure for drafting model legislation, which we will place before the Consultative Committee for consideration at this regular meeting.

The Secretariat pro tempore will also submit for the Committee’s consideration a draft resolution for submission to the OAS Permanent Council, by which the Council would adopt the procedure and form and convene the Group of Experts.

These documents have been examined and revised during this Consultative Committee’s preparatory process. We hope they will be approved for the earliest possible presentation to the Permanent Council, through its Committee on Hemispheric Security.

b. The OAS General Assembly’s support for the holding of an initial meeting of national authorities directly responsible for granting the export, import, and transit licenses or authorizations for firearms, and of a first meeting of central authorities for mutual legal assistance

As you know, during the preparations for this regular meeting, the Consultative Committee decided to schedule the meeting of national authorities directly responsible for granting licenses or authorizations for April 13 and 14. However, in view of the small number of notices of participation received by the Technical Secretariat, and in response to requests from several missions, who advised that their officials would be unable to travel on the dates indicated, this Secretariat pro tempore, after some consultations, reported that it had decided to postpone the meeting. The reasons were diverse: the holding of a special session of the General Assembly to elect a new OAS Secretary General; the backlog of work in preparation for the regular session of the General Assembly, to be held in Fort Lauderdale; and the perhaps insufficient amount of time we had given our governments to prepare for the meeting and announce the participation of their officials. The draft agenda and draft order of business for this meeting have already been prepared, and will be submitted for consideration, with the request that a new date be set.

As for the meeting of central authorities for mutual legal assistance, during the preparatory process the Consultative Committee decided, we believe correctly, in order not to duplicate efforts, and to make rational use of resources, to request the organizers and the host country of the second meeting of central authorities for mutual legal assistance in criminal matters in the context of the REMJA, which will take place shortly in Brasilia, to include on the agenda for that meeting an item on “strengthening hemispheric cooperation in the investigation, prosecution, and punishment of offenses related to the illicit manufacturing of and trafficking in firearms,” so that they might consider the topics set forth in items 9 and 10 of the Declaration of Bogotá.

Other procedures envisaged in the 2004-2005 Work Program of the Consultative Committee

At its fifth regular meeting, the Consultative Committee also requested the Secretariat pro tempore to present to this sixth regular meeting two other proposed procedures for strengthening cooperation and conducting proper follow-up on the implementation of the CIFTA, i.e.: a proposed methodology to facilitate the drafting and presentation of the countries’ reports on the situation, problems, challenges, and experiences, both positive and negative, they had encountered in connection with the different issues covered by the CIFTA; and a proposed methodology for drafting a recommendation on how the Consultative Committee could strengthen its follow-up on the Convention’s implementation.

In keeping with that mandate, and with assistance from the OAS Office of Inter-American Law and Programs, serving as our Technical Secretariat, we drafted the proposals this Secretariat pro tempore will be placing before the Consultative Committee for consideration at this regular meeting.

In drafting these proposals, we decided to adhere strictly to the parameters set by the Consultative Committee, so as to preserve the desired flexibility and the necessary security measures, in the first instance, and, in the second, the progressive approach to a recommendation for the next Conference of States Parties, to be preceded by an examination of other pertinent mechanisms.

Relations with various areas of the Organization of American States and cooperation with other international organizations

In response to the request made in the 2004-2005 Work Program, the Secretariat pro tempore presented a report to the Committee on Hemispheric Security on December 7, 2004, on the Committee’s activities to date and on the objectives and tasks set out at its fifth regular meeting. In the next few days, we will again present a report to the Committee on Hemispheric Security, this time on the results of the sixth regular meeting, and on the tasks the Consultative Committee has set out for its 2005-2006 term. As the states parties to the CIFTA intended, these reports are designed to help the Committee on Hemispheric Security fulfill the mandate issued in the Declaration on Security in the Americas and to prepare coordinated strategies and integrated plans of action on the new threats, concerns, and other challenges to hemispheric security.

As also requested in the 2004-2005 Work Program, the Secretariat pro tempore spoke at the 36th session of CICAD, reporting in depth on its work with the CICAD Secretariat, with assistance from the Technical Secretariat of the Consultative Committee, on a proposal for drafting model legislation.

In addition, on September 22, 2004, the then Secretary pro tempore of the Consultative Committee, Ambassador Horacio Serpa, presented to the second plenary session of the Permanent Parliamentary Forum on Small Arms and Light Weapons, meeting in Stockholm, Sweden, information on the status of the Convention, on the work of the Consultative Committee, and on commitments, challenges, and needs in the area of hemispheric action against the illicit manufacturing of and trafficking in firearms.

We recently agreed with representatives of the United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean (UN-LiREC) to conduct talks to identify areas where the duplication of efforts could be averted and cooperation could be strengthened. This is a task on which the Secretariat pro tempore should continue to work.

Funding of the work of the Consultative Committee

As we observed earlier, resolution AG/RES. 1999 established that the meetings of the Consultative Committee, including those of the group of experts to prepare model legislation, that of the national authorities directly responsible for granting licenses or authorizations, and that of the central authorities for mutual legal assistance, would be carried out within resources allocated in the program-budget of the Organization and other resources.

In addition, the Secretariat pro tempore transmitted requests for financial cooperation to some permanent observer states to the OAS: France, Japan, the Netherlands, Norway, the People’s Republic of China, Spain, Sweden, and Switzerland, and to the government of one signatory state: Canada.

To date, we have received support from the Government of the People’s Republic of China for the activities of the Consultative Committee, in the amount of US$21,800.

I want to express my gratitude to Ambassadors Yang Jiechi and Wenz Zhou and, through them, to the People’s Republic of China, for their valuable support of the work of the Consultative Committee of the CIFTA.

Other delegations of these countries have informed us that the request is under consideration by their governments.

Some final remarks

The Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials is a young instrument. Adopted in Washington, D.C., on November 14, 1997, the Convention entered into force on July 1, 1998. To date, 26 states of the Hemisphere are parties to the Convention. The CIFTA is the first binding legal agreement reached on this subject among nations of a specific region. By its nature, it provides us with solid foundations for developing hemispheric cooperation strategies.

As we have said earlier, the Declaration of Bogotá, adopted by the states parties at their first conference, held in March 2004, is far from a list of good intentions and generic statements of the problem; it contains a number of specific operational elements. The states’ undertakings are oriented toward at least three overall aims.

The first is to improve existing control mechanisms, by establishing networks of authorities responsible in each state party for dealing with the various phases of the problem and by defining expeditious, effective, and secure information exchange mechanisms, among other measures.

The second is to adopt national legislative measures consistent with the Convention. For this reason, it was considered advisable to form a group of experts to draft model legislation on a broad array of subjects addressed by the Convention, so that states can refer to shared parameters consistent with the precepts of the Convention when updating their bodies of law.

The third is to strengthen cooperation on sharing experiences in the fight against illicit arms manufacturing and trafficking in each of our countries and the creation of mechanisms for collective follow-up on the Convention’s implementation.

After the Declaration of Bogotá was adopted, the Consultative Committee of the CIFTA held its fifth regular meeting, in May 2004, and adopted a Work Program for implementing its mandates. At that meeting, the Consultative Committee requested the Secretariat pro tempore to design procedural proposals and other contributions to provide the Committee with the necessary forums and mechanisms. At this sixth regular meeting, it will consider those proposals and take the decisions it considers appropriate.

Once these decisions have been reached, the Consultative Committee is to enter a period of transition. The tools we will have given ourselves will require a conscious and decisive commitment from the states parties to implementing them; they will transcend the foreign ministry arena and involve officials from various government departments. That is the nature of the challenge we will face in the 2005-2006 term.

We are sure that the states of our Hemisphere will be equal to that challenge and able to play the active role all of us should adopt, at this time, in fighting this nefarious manifestation of transnational crime, which takes so many lives, threatens democracy, and slows the development of our peoples.

Acknowledgements

The Secretariat pro tempore wishes to place on record its recognition and gratitude for the ongoing, valuable support it has received from the states parties to the Convention and from the signatory states, and for the invaluable assistance provided by the General Secretariat, especially the Office of Inter-American Law and Programs, which serves as Technical Secretariat of this Committee, led by Dr. Jorge García González and his team. We must also mention Ms. Gillian Bristol, who makes holding the Committee’s events possible, and Mr. Michael Sullivan, for his participation in drafting the proposed methodology for preparing model legislation.

Special mention is due to the Permanent Missions of Mexico and Brazil, delegations who served as Secretariat pro tempore of the Consultative Committee in prior years, to whom we look when we need advice, always receiving a positive and helpful response.

ALVARO TIRADO MEJIA

Ambassador, Permanent Representative of Colombia to the OAS

Secretary pro tempore, Consultative Committee

April 14, 2005

appendix iii

INTER-AMERICAN CONVENTION AGAINST THE OEA/Ser.L/XXII.2.6

ILLICIT MANUFACTURING OF AND TRAFFICKING CIFTA/CC-VI/doc.4/05 rev. 1

IN FIREARMS, AMMUNITION, EXPLOSIVES, 20 April 2005

AMMUNITION, AND OTHER RELATED MATERIALS (CIFTA) Original: Spanish

Consultative Committee

Sixth Regular Meeting

April 14 and 15, 2005

Washington, D.C.

2005-2006 WORK PROGRAM

(Approved at the Second Meeting, held on April 15, 2005)

2005-2006 WORK PROGRAM

(Approved at the Second Meeting, held on April 15, 2005)

During the sixth regular meeting of the Consultative Committee, held on April 13, 14, and 15, 2005 at the headquarters of the Organization of American States (OAS), the states parties to the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) adopted the following Work Program for the 2005-2006 period. The Secretariat Pro Tempore will have the support of the OAS General Secretariat and the states parties, as applicable, in carrying out these activities:

1. Give decisive support to the draft resolution, to be submitted to the Permanent Council for consideration, in which a methodology is adopted and the CIFTA-CICAD Group of Experts is convened to draft model legislation in areas related to the CIFTA, which appears as Appendix I to this Work Program.

2. Participate actively in the work of the Group of Experts, and ensure that the experts accredited to participate in its meetings have the training, technical knowledge, and specific experience in the thematic area under consideration. In addition, whenever the states deem it advisable, offer the support of government experts to the Technical Secretariat in preparing preliminary proposals for model legislation to be considered by the Group of Experts.

3. Request the Secretariat Pro Tempore, with the support of the Technical Secretariat of the Group of Experts, to perform the work needed for the Group of Experts to function adequately, in accordance with the approved methodology, including presentation of periodic reports to the Consultative Committee and the Committee on Hemispheric Security of the Permanent Council.

4. Participate actively in the first meeting of national authorities directly responsible for granting the permits or licenses for import, export, and transit of firearms, in accordance with the Draft Agenda and Draft Schedule which appear as Appendixes IV and V to this Work Program; and request the Secretariat Pro Tempore to take the necessary steps to facilitate the actions recommended by that meeting of national authorities.

5. Adopt the Methodology to facilitate preparation and presentation of the reports of states parties regarding the status, problems, challenges, and positive or negative experiences they have had in relation to the different matters referred to by the CIFTA, which appears as Appendix II to this Work Program.

Request the Secretariat Pro Tempore, in cooperation with the Technical Secretariat, to prepare and present to the Consultative Committee at its seventh regular meeting a proposal on simple and relevant general parameters to organize and provide a common format for the information provided by the states every year on Articles VIII, IX, X, and XIII of the CIFTA.

6. Through the single points of contact, present information on progress achieved in implementing the Convention to the seventh regular meeting of the Consultative Committee. The information may be presented verbally. The Secretariat Pro Tempore will make sure that an item on this subject is included on the agenda of the seventh regular meeting.

7. Adopt the Methodology for moving forward with a recommendation on the ways in which the Consultative Committee can strengthen its follow-up on implementation of the Convention, which appears as Appendix III to this Work Program.

Request the Technical Secretariat to provide to the Consultative Committee at its seventh regular meeting analytical and comparative information on the structures and experiences of other evaluation or follow-up mechanisms used in implementing international conventions or commitments, including the mechanism for follow-up on implementation of the Inter-American Convention against Corruption and CICAD’s Multilateral Evaluation Mechanism.

8. Participate actively in the Meeting of Central Authorities for Mutual Legal Assistance in Criminal Matters in the framework of REMJA, to be held shortly in Brasilia, and determine the procedures required to fulfill the commitments specified in paragraphs 9 and 10 of the Declaration of Bogotá.

Request the Secretariat Pro Tempore to report on this to the seventh regular meeting of the Consultative Committee.

9. Take note of the recommendations emanating from the “Hemispheric Seminar on Identification, Collection, Stockpile Management, and Destruction of Small Arms and Light Weapons,” held in Managua, Nicaragua on May 12 and 13, 2004, and participate actively in the discussions on these recommendations being pursued in the Committee on Hemispheric Security.

10. Continue exchanging information on the technical and financial support requirements of the states parties in the area of identification and destruction of surplus firearms designated by each state for such treatment, as well as the protection and control of national stockpiles, and on existing assistance programs in the area.

11. Increase the technical cooperation intended to strengthen the states parties’ interdiction capabilities in order to hinder, combat, and eradicate illegal trafficking in firearms, ammunition, explosives, and other related materials; and respond to queries in that connection. When the states deem it to be appropriate, they may present, at the meetings of the Consultative Committee, information regarding the experiences they had had or the practices they are pursuing in this regard.

12. Examine the alternatives for reciprocal cooperation among the states with respect to training, in accordance with the terms of Article XV of the Convention, giving priority to training and/or skill-building activities in the areas identified in that article.

13. Consider, in the framework of the Committee’s work, the exchange of information on successful initiatives aimed at reducing and eliminating the culture of civilian violence as a way to reduce the illegal arms trade. Promote and support the appropriate cooperation activities, including joint seminars with other national and international bodies, to deal with matters contained in the Convention.

14. Continue strengthening, under the leadership of the Secretariat Pro Tempore, coordination and cooperation with other international bodies or agencies with similar responsibilities and, in particular, with those organizations and organs indicated in paragraph 15 of the Declaration of Bogotá. Through the offices of the Secretariat Pro Tempore, continue to participate actively in relevant international meetings and forums.

15. Participate, through the offices of the Secretariat Pro Tempore, in the Second Biannual Meeting of the United Nations Program of Action on Small Arms and Light Weapons (UNPOA), to be held from July 11 to 15, 2005, and in the activities carried out by the Committee on Hemispheric Security in developing and implementing the “United Nations Program of Action to Prevent, Combat and Eradicate the Illicit Traffic in Small Arms and Light Weapons in All Its Aspects.” The Secretariat Pro Tempore will report back to the Consultative Committee on this matter.

16. Analyze the best way to make use of the SALSA program in coordination with UN-LiREC, and strengthen mutual cooperation processes.

17. Complete and update the directories of national entities or single points of contact for cooperation and information exchange, and of central authorities for facilitating mutual legal assistance, and compile a subdirectory of operational points of contact for tracking firearms. In this regard, the Secretariat Pro Tempore, acting on behalf of the Consultative Committee, will contact those states parties that have not yet supplied the necessary information, to impress on them the importance of having the Committee review compliance with the commitments acquired in this regard, as set forth in paragraphs 1 and 9 of the Declaration of Bogotá.

18. Establish a secure network for exchanging confidential information among operational points of contact for tracking. The secure communication infrastructure already in place in other areas of the OAS could be used for that purpose: the “OASIS” system in the Committee on Hemispheric Security, for instance, or CICTE’s “Groove” system.

19. Through the OAS General Secretariat and in accordance with the guidelines of the Secretariat Pro Tempore, to keep up to date the Internet website of the CIFTA and continue its development and consolidation with differentiated levels of access among the states parties, nonparty states, and the general public, making it an appropriate tool for sharing information on the developments taking place in the member states in connection with the topics referred to in the CIFTA.

20. Request the Secretariat Pro Tempore to take the steps necessary to ensure the strengthening of the technical support provided to the Consultative Committee by the OAS General Secretariat.

21. Request the Secretariat Pro Tempore to pursue efforts to obtain financial support from international organizations and bilateral and multilateral cooperation agencies in order to support the activities set forth in the work programs of the Consultative Committee, in accordance with the Declaration of Bogotá.

22. Continue considering, at the Consultative Committee’s meetings, the contributions from civil society organizations and from the private sector that are relevant to the pursuit of its goals.

23. Invite the signatory states of the CIFTA to continue to participate in the activities of the Consultative Committee and in the development of this Work Program, adopting measures that are consistent with the objectives of the CIFTA, and to continue to share with the Consultative Committee any consideration they may have given to ratification of the Convention.

24. Through the Secretariat Pro Tempore, report at least once every six months to the Committee on Hemispheric Security on the work of the Consultative Committee and on the progress made in fulfilling the Declaration of Bogotá, so that the Committee can take this information into account in preparing coordinated strategies and integrated plans of action to address new threats, concerns, and other challenges related to hemispheric security.

APPENDIX IV

INTER-AMERICAN CONVENTION AGAINST the OEA/Ser.L/XXII.2.6

illicit manufacturing of and trafficking CIFTA/CC-VI/doc.6/05 rev. 1

in Firearms, ammunition, explosives, 22 April 2005

AND OTHER RELATED MATERIALS (CIFTA) Original: Spanish

Consultative Committee

Sixth Regular Meeting

April 14 and 15, 2005

Washington, D.C.

METHODOLOGY TO FACILITATE THE DRAFTING AND PRESENTATION OF THE

STATES PARTIES’ REPORTS ON THE SITUATION, PROBLEMS, CHALLENGES, AND EXPERIENCES, BOTH POSITIVE AND NEGATIVE, THAT THEY HAVE ENCOUNTERED

IN CONNECTION WITH THE DIFFERENT ISSUES COVERED BY THE INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS (CIFTA)

(Approved at the second meeting, held on April 15, 2005)

METHODOLOGY TO FACILITATE THE DRAFTING AND PRESENTATION OF THE

STATES PARTIES’ REPORTS ON THE SITUATION, PROBLEMS, CHALLENGES, AND EXPERIENCES, BOTH POSITIVE AND NEGATIVE, THAT THEY HAVE ENCOUNTERED

IN CONNECTION WITH THE DIFFERENT ISSUES COVERED BY THE INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES, AND OTHER RELATED MATERIALS (CIFTA)

(Approved at the second meeting, held on April 15, 2005)

I. BACKGROUND

At the First Conference of States Parties to the CIFTA, held in Bogotá, Colombia, in March 2004, the states adopted the Declaration of Bogotá on the Functioning and Application of the Convention (Declaration of Bogotá), in which they undertook to strengthen mutual cooperation and exchange information and experiences to ensure achievement of the Convention’s purpose, as set forth in its Article II. To that end, they said, “we undertake to prepare and present reports on the situation, problems, and challenges in each of our states and on the experiences, positive or negative, that we have or have had in the various areas covered by the CIFTA, including the information prescribed in its Article XIII; security measures to eliminate loss or diversion of firearms, ammunition, explosives, and other related materials (Article VIII); the system of export, import, and international transit licenses or authorizations for these items (Article IX); and controls in ports, airports, and export points (Article X)” (Declaration of Bogotá, paragraph I.2.a).

The states parties also directed the Consultative Committee to “adopt a methodology and other decisions as required to facilitate the orderly and systematic presentation of these reports and guarantee achievement of their objectives, including provisions needed to ensure that when states so request the reports may be presented in closed meetings and the information shared there shall be restricted or confidential, establishing mechanisms to protect and preserve the confidentiality of the information” (Declaration of Bogotá, paragraph I.2.b).

Accordingly, the Consultative Committee, at its fifth regular meeting, decided “to adopt a methodology and the other decisions necessary to facilitate the drafting and presentation of the states parties’ reports … in compliance with the terms of subparagraph 2.a and 2.b of the Declaration of Bogotá … “ (Work Program 2004-2005, paragraph 2). Additionally, the Consultative Committee directed that its Secretariat pro tempore, “with the assistance of the Technical Secretariat, will draw up and present a proposal in that regard at the next meeting of the Consultative Committee, after conducting such informal consultations as may be necessary with the states parties” (Work Program 2004-2005, paragraph 2).

In pursuance of this mandate, the Secretariat pro tempore drew up and presented a proposal, which provided the basis for the methodology adopted by the Committee by way of this document.

II. METHODOLOGY

For the drafting and presentation of reports of the states parties on the situation, problems, challenges, and experiences, both positive and negative, that they have encountered in connection with the different issues covered by the CIFTA, the following procedure will be followed:

1. The reports will deal with the situation, problems, challenges, and experiences, both positive and negative, the states parties have encountered in connection with the selected issues covered by the CIFTA, according to the timetable set forth in item 11.

2. The Secretariat pro tempore, with assistance from the Technical Secretariat, will draft a proposal containing general, simple, and relevant parameters for organizing the information to be provided each year by the states and giving it a standard format.

3. The Consultative Committee will consider and approve those parameters, which will be in the form of recommendations.

4. The reports will be sent by the states to the Secretariat pro tempore, in electronic form, no later than the last day of the first week of December.

5. The Secretariat pro tempore will compile them and send them to the Technical Secretariat, requesting that they be posted on the private Internet page of the Consultative Committee, which will be created for that purpose.

6. Each state party will give a brief oral presentation of the salient points of its own report to the Consultative Committee, during a closed meeting, in the context of the regular meetings.

7. Once the oral presentations have been completed, at the same closed meeting, the Consultative Committee will identify the strengths, difficulties, and common challenges encountered in connection with the issues addressed and the most pressing needs in terms of cooperation.

8. The states, the Secretariat pro tempore, and the Technical Secretariat will take all necessary measures to ensure that the presentation, compilation, handling, and use of the information contained in the written and oral reports is duly protected, that its circulation is restricted, and that it is handled in accordance with Article XII of the Convention. Available communications security measures will be employed for that purpose. Reports will be presented during closed meetings of the Consultative Committee, in the context of its regular meetings.

9. The closed meetings may be attended only by officials of states parties who are duly accredited to participate in the particular regular meeting of the Consultative Committee, and by staff of the Technical Secretariat of the Consultative Committee. Officials of signatory states not party to the Convention may attend and participate as provided in the following paragraph.

10. Signatory states not party to the Convention may submit reports on the issues selected each year. If they have done so, these states, after requesting and receiving authorization from the Consultative Committee, may participate in the presentation of said reports, without taking

part in the decision-making.

11. For the organized and systematic consideration of issues addressed by the CIFTA, in particular those identified in items I:2:a and I:2:b of the Declaration of Bogotá, the reports will be presented according to the following timetable:

11.1. Seventh regular meeting of the Consultative Committee (2006):

Adoption of parameters for the drafting of reports pertaining to Articles VIII, IX, X, and XIII.

11.2. Eighth regular meeting of the Consultative Committee (2007):

Article XIII: Exchange of Information

11.3. Ninth regular meeting of the Consultative Committee (2008):

- Article VIII: Security Measures

- Article IX: Export, Import, and Transit Licenses or Authorizations

- Article X: Strengthening of Controls at Export Points

APPENDIX V

INTER-AMERICAN CONVENTION AGAINST the OEA/Ser.L/XXII.2.6

illicit manufacturing of and trafficking CIFTA/CC-VI/doc.7/05 rev. 1

in Firearms, ammunition, explosives, 22 April 2005

AND OTHER RELATED MATERIALS (CIFTA) Original: Spanish

Consultative Committee

Sixth Regular Meeting

April 14 and 15, 2005

Washington, D.C.

methodology FOR FORMULATING A RECOMMENDATION ON

HOW THE CONSULTATIVE COMMITTEE MIGHT STRENGTHEN

FOLLOW-UP ON IMPLEMENTATION OF THE CIFTA

(Approved at the second meeting, held on April 15, 2005)

METHODOLOGY FOR FORMULATING A RECOMMENDATION ON

HOW THE CONSULTATIVE COMMITTEE MIGHT STRENGTHEN

FOLLOW-UP ON IMPLEMENTATION OF THE CIFTA

(Approved at the second meeting, held on April 15, 2005)

III. BACKGROUND

At the First Conference of the States Parties to the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), held in Bogotá, Colombia, in March 2004, the states adopted the Declaration of Bogotá on the Functioning and Application of the Convention (Declaration of Bogotá), in which they directed the Consultative Committee, “under the leadership of the Secretariat pro tempore, to make a recommendation to the next Conference of the States Party on how the Consultative Committee might strengthen efforts to follow up on implementation of the CIFTA and increase cooperation among the States Party and the non-Party States, taking into account the experience of other evaluation or follow-up mechanisms for international treaties or commitments” (Declaration of Bogotá, paragraph 21).

Accordingly, at its fifth regular meeting, the Consultative Committee decided “to ask the Secretariat Pro Tempore to present, at the Consultative Committee’s next meeting, a proposed methodology for progressing with the drafting of a recommendation on how the Consultative Committee can strengthen its follow-up of the Convention’s implementation, in compliance with the terms of paragraph 21 of the Declaration of Bogotá” (Work Program 2004-2005, paragraph 18).

In pursuance of this mandate, the Secretariat pro tempore drew up and presented a proposal, which provided the basis for the methodology adopted by the Committee by way of this document.

IV. METHODOLOGY

1. The process of drafting of a recommendation, to be presented to the Second Conference of States Parties, on how the Consultative Committee might strengthen its follow-up of the Convention’s implementation will be carried out in three phases, as follows.

2. First phase: Gathering and analysis of information on the experience of other mechanisms for the evaluation or follow-up of implementation of international treaties or agreements. At its seventh regular meeting, the Consultative Committee will consider the information provided by the Technical Secretariat on the structures and experiences of other mechanisms for the evaluation or follow-up of implementation of international treaties or agreements. It will also identify elements of those mechanisms that might be appropriate for proper follow-up of the Convention, as well as lessons learned. The Consultative Committee will offer some indications to the Secretariat pro tempore on elements that should be considered in the drafting of a proposed recommendation.

3. Second phase: Drafting of a proposed recommendation. The Secretariat pro tempore, in collaboration with the Technical Secretariat, will draft a proposed recommendation on how the Consultative Committee might strengthen its follow-up of the Convention’s implementation. The Secretariat pro tempore may conduct consultations with the states parties, if it considers this necessary, on the content of the proposal.

The Secretariat pro tempore will submit a proposed recommendation to the Consultative Committee for consideration at its eighth regular meeting.

4. Third phase: Adoption of a recommendation and presentation to the Conference of States Parties. The Consultative Committee, at its eighth regular meeting, will adopt a recommendation on how the Consultative Committee might strengthen its follow-up of the Convention’s implementation, and will transmit it, for consideration, to the Second Conference of States Parties to the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.

APPENDIX VI

CONVENCIÓN INTERAMERICANA CONTRA OEA/Ser.L/XXII.2.6

LA FABRICACIÓN Y EL TRÁFICO ILÍCITOS CIFTA/CC-VI/doc.9/05 rev. 1

DE ARMAS DE FUEGO, municiones, explosivos 20 abril 2005

y otros MATERIALES RELACIONADOS (CIFTA) Original: TEXTUAL

Comité Consultivo

Sexta Reunión Ordinaria

14 y 15 de abril de 2005

Washington, D.C.

Directorio de Puntos Únicos de Contacto

Directory of Single Points of Contact

Diretório de Pontos Únicos de Contato

DIRECTORIO DE PUNTOS ÚNICOS DE CONTACTO DESIGNADOS POR LOS

ESTADOS PARTE DE LA CIFTA

(ARTÍCULO XIV)

DIRECTORY OF SINGLE POINTS OF CONTACT DESIGNATED BY THE

STATES PARTY OF CIFTA

(ARTICLE XIV)

DIRETÓRIO DE PONTOS ÚNICOS DE CONTATO DESIGNADOS PELOS

ESTADOS PARTES DA CIFTA

(ARTIGO XIV)

ANTIGUA AND BARBUDA

Gertel Tom

Attorney General

Office of the Attorney General

Phone: + (268) 462.8867

E-mail: legalaffairs@canw.ag

ARGENTINA

Carlos Sersale di Cerisano

Embajador, Director de Seguridad Internacional, Asuntos Nucleares y Espaciales

Ministerio de Relaciones Exteriores, Comercio Internacional y Culto.

Esmeralda No. 1212

1007 Buenos Aires, ARGENTINA

Tel: + (5411) 4819.7830

Fax: + (5411) 4819.7828

E-mail: rcs@.ar

BAHAMAS

Bernard Turner

Director of Public Prosecutions

Office of the Attorney General

P.O. Box N-3007

Nassau, BAHAMAS

Phone/Fax: + (242) 322-2255

E-mail: attgenbt@batelnet.bs

BRASIL

Coordenação-Geral de Combate aos Ilícitos Transnacionais

Ministério de Relações Exteriores – MRE-COCIT

Esplanada dox Ministérios

Palácio Itamaraty-Anexo 1-Sala 339

Brasilía DF, BRASIL 70170-900

Tel: + (5561) 411.6265/6662

Fax: + (5561) 225.3198

E-mail: cocit@.br

BOLIVIA

Dirección de Planeamiento y Coordinación

Ministerio de Defensa Nacional

Fax: + (5912) 212.5670

E-mail: digeplaco@.bo

CANADA

Small Arms and Light Weapons Coordinator

Peacebuilding and Human Security Division (AGP)

Foreign Affairs Canada

125 Sussex Drive

Ottawa, Ontario CANADA KIA OG2

Phone: + (613) 992.1361

Fax: + (613) 944.1226

E-mail: human.security@dfait-maeci.gc.ca

URL : humansecurity.gc.ca

COLOMBIA

Miguel Camilo Ruiz Blanco

Director de Asuntos Políticos Multilaterales

Ministerio de Relaciones Exteriores.

Calle 10 5-51

Bogota, DC, COLOMBIA

Tel: + (571) 562.8229 / 8235

Fax: + (571) 562.8815

E-mail: vraseso01@.co

COSTA RICA

Eric Karolicki

Director General de Armamento

Ministerio de Seguridad Pública, Gobernación y Policía.

Bo Córdoba, frente al Liceo José María Castro Madríz

San José de COSTA RICA

Tel: + (506) 229.3595

Fax: + (506) 294.0373

E-mail: ekarolicki@msp.go.cr

CHILE

Luis Winter Iguatl

Embajador, Director de Política Especial

Ministerio de Relaciones Exteriores

Catedral 1143, Piso 2. Santiago, CHILE

Tel: + (562) 698.0301 / 679.4374

Fax: + (562) 672.5071

E-mail: dipesp1@minrel.cl

ECUADOR

Dirección General de Logística

Comando Conjunto de las Fuerzas Armadas

Ministerio de la Defensa.

Calle Exposición No. 208 (La Recoleta)

Quito, ECUADOR

EL SALVADOR

Ricardo Mauricio Menesses Orellana

Comisionado, Director General de la Policía Nacional Civil

Tel: +(503) 231.0212 / 231.0232

Fax: +(503) 221.1925

E-mail: rmenesses@pnc.gob.sv

MÉXICO

Hervé J. Hurtado

Comisionado, Secretario Técnico del Grupo de Coordinación Interinstitucional para la Prevención y Control del Tráfico de Armas de Fuego, Municiones y Explosivos.

(GC-Armas) de la Policía Federal Preventiva

Blvd. Adolfo Ruíz Cortines No. 3648 piso 8

Col. Jardines del Pedregal 01900

Del. Álvaro Obregón. México, D.F. MÉXICO

Tel: + (5255) 5481.4551

Fax: + (5255) 5135.1044

E-mail: subarmpfp@.mx

NICARAGUA

Ramón Avellán Medal

Comisionado Mayor, Director de Seguridad Pública de la Policía Nacional

Tel: + (505) 278.0567 / 277.3182

E-mail: seguridadpublica@policia.gob.ni

Iván Lara

Procurador Penal Nacional y Coordinador de la Unidad de Investigación y Asesoría

Procuraduría General de la República

Tel: + (505) 277.5310

E-mail: ivanlara@

PARAGUAY

Francisco Rafael Bogarín Mena

Coronel, Titular de la Dirección de Material Bélico de las Fuerzas Armadas

Av. General Santos esquina Av. Francisco Solano López

Asunción, PARAGUAY

Tel: + (5952) 120.7356

E-mail: dimabel@.py

PERÚ

Leonardo Demartini Salas

General, Director General de Control de Servicios de Seguridad, Control de Armas, Munición y Explosivos de Uso Civil (DICSCAMEC)

Ministerio del Interior

Av. Alberto del Campo 1050

Magdalena del Mar. Lima, PERÚ

Tel: + (511) 264.3972 Ext. 102 / 218.3038

Fax: + (511) 264.1826 Ext. 103

E-mail: dicscamec@

TRINIDAD AND TOBAGO

Strategic Services Agency

Ministry of National Security

Temple Court

31-33 Abercromby Street

Port-of-Spain, TRINIDAD AND TOBAGO

Tel: + (868) 623.2441

Fax: + (868) 627.8044

URUGUAY

Hugo A. Garciacelay

Coronel, Director del Servicio de Material y Armamento

Av. de las Instrucciones 1925

12400 Montevideo, URUGUAY

Tel: + (5982) 369.1110

E-mail: sma@ejercito.mil.uy

Miguel A. De Cuadro

Coronel, Jefe del Registro Nacional de Armas del Servicio de Material y Armamento

Av. de las Instrucciones 1925

12400 Montevideo, URUGUAY

Tel: + (5982) 355-4153

E-mail: armassma@ejercito.mil.uy

VENEZUELA

Aref Eduardo Richany Jiménez

Coronel (Ej), Director de Armamento de la Fuerza Armada Nacional

Fuerte TIUNA, El Valle

Caracas, VENEZUELA

Telefax: 212.681.1030

APPENDIX VII

CONVENCIÓN INTERAMERICANA CONTRA OEA/Ser.L/XXII.2.6

LA FABRICACIÓN Y EL TRÁFICO ILÍCITOS CIFTA/CC-VI/doc.10/05 rev.1

DE ARMAS DE FUEGO, municiones, explosivos 20 abril 2005

y otros MATERIALES RELACIONADOS (CIFTA) Original: TEXTUAL

Comité Consultivo

Sexta Reunión Ordinaria

14 y 15 de abril de 2005

Washington, D.C.

DIRECTORIO DE AUTORIDADES CENTRALES

DIRECTORY OF CENTRAL AUTHORITIES

Diretório de Autoridades Centrais

DIRECTORIO DE AUTORIDADES CENTRALES DESIGNADAS POR LOS ESTADOS PARTE PARA FACILITAR LA ASISTENCIA JURÍDICA MUTUA

(ARTÍCULO XVII DE LA CIFTA)

DIRECTORY OF CENTRAL AUTHORITIES DESIGNATED BY THE STATES PARTY IN ORDER TO FACILITATE THE MUTUAL LEGAL ASSISTANCE

(ARTICLE XVII OF CIFTA)

DIRETÓRIO DE AUTORIDADES CENTRAIS DESIGNADAS PELOS ESTADOS PARTES PARA FACILITAR A ASSISTÊNCIA JURÍDICA MÚTUA

(ARTIGO XVII DA CIFTA)

ARGENTINA

Dirección General de Asuntos Jurídicos

Ministerio de Relaciones Exteriores, Comercio Internacional y Culto

Esmeralda 1212

Buenos Aires, ARGENTINA

Tel: + (5411) 4819.7172  

Fax: + (5411) 4819.7170

BAHAMAS

Office of the Attorney General and Ministry of Education

BELIZE

Attorney General and Minister of Foreign Affairs and Cooperation

Belmopan, Cayo District, BELIZE

Phone: + (501) 822.2110

Fax : + (501) 822.2889

E-mail : access@

BRASIL

Secretaria Nacional de Justiça

Ministério da Justiça.

Esplanada dos Ministérios, Bloco T, sala 424, CEP 70064-900  

Brasília-DF, BRASIL

Fone: +(5561) 429.3145

Fax: +(5561) 226.5023

COLOMBIA

Yolanda Sarmiento Amado

Directora de Asuntos Internacionales

Fiscalía General de la Nación

Diagonal 22B No. 52-01 Bloque C piso 4

Bogotá, DC. COLOMBIA

Tel: + (571) 570.2008 / 570.2000

Fax: + (571) 570.2000 / 414.9000 Ext: 2560 / 62 / 63

E-mail: yolandasarmientoamado@

CHILE

Claudio Troncoso Repetto

Embajador, Director de Asuntos Jurídicos

Ministerio de Relaciones Exteriores

Catedral 1158, Piso 3

Santiago, CHILE

Tel: + (562) 679.4237 / 4238

Fax: + (562) 699.5517

E-mail: dijur1@minrel.cl

ECUADOR

Fiscalía General del Estado

Av. Eloy Alfaro N32-240 y Av. República

Quito, ECUADOR

Tel: + (5932) 255.9447 / 255.9959

MÉXICO

Dirección General de Asuntos Legales Internacionales

Procuraduría General de la República.

Avenida Paseo de la Reforma 75 piso 2

México, DF., MÉXICO.

Tel: + (5255) 5346.0291

Fax: + (5255) 5346.0904

NICARAGUA

Myriam Vásquez

Subdirectora de Soberanía, Territorio y Asuntos Jurídicos Internacionales

Cancillería de la República

Managua, NICARAGUA CA

Tel: + (505) 244.8055

Fax: +(505) 244.8071

E-mail: myriam.vasquez@cancilleria.gob.ni

PANAMÁ

Oficina de Tratados de Asistencia Legal Mutua

Ministerio de Gobierno y Justicia

Antigua Base Aérea Howard

Panamá, PANAMÁ CA

Tel: + (507) 316.1031 / 1034

Fax: + (507) 316.1035

PERÚ

Dirección General del Control de Servicios de Seguridad, Control de Armas, Munición y Explosivos de Uso Civil (DICSCAMEC)

Ministerio del Interior.

Av. Alberto del Campo 1050

Magdalena del Mar. Lima, PERÚ

Tel: + (511) 264.3972 Ext. 102 / 218.3038

Fax: + (511) 264.1826 Ext. 103

E-mail: dicscamec@

TRINIDAD AND TOBAGO

David West

Ministry of the Attorney General

Cabildo Chambers

St. Vincent & Sackville Streets

Port-of-Spain, TRINIDAD

Tel: + (868) 623.7010 / 625.8901

Fax: + (868) 625.0470

VENEZUELA

Dirección General de la Consultoría Jurídica

Ministerio del Interior y Justicia

Caracas, VENEZUELA

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