April 29, 2005 TABLE OF CONTENTS INTRODUCTION NATIONAL LEVEL. National Committee. National Point of Contact

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1 TABLE OF CONTENTS INTRODUCTION NATIONAL LEVEL National Committee National Point of Contact CANADIAN REPORT ON THE IMPLEMENTATION OF THE UNITED NATIONS PROGRAMME OF ACTION TO PREVENT, COMBAT AND ERADICATE THE ILLICIT TRADE IN SMALL ARMS AND LIGHT WEAPONS IN ALL ITS ASPECTS April 29, 2005 Legislation, Regulations and Administrative Procedures General Production Possession Possession by Individuals and Businesses Possession by Public Officers and the Armed Forces Stockpile Disposal Disposal of Surplus Stocks Identification of Surplus Information on Confiscated or Destroyed SALW Submitted to Relevant Regional and International Organizations Export Controls General Implementation End-Use Assurances Notification on Re-export Import / Transit / Retransfer Brokering Marking / Tracing / Record Keeping General Records on Holding and Transfer Cooperation in Tracing Illicit SALW Illegal Aspects Illegal Manufacture 1

2 REGIONAL LEVEL Regional Initiatives Illegal Possession Illegal Stockpiling Illegal Trade Measures Taken Against Activities Violating Arms Embargoes of the United Nations Security Council How Is the Aforementioned Made Public Legally Binding Instruments Political Commitments Support to Action Programs GLOBAL LEVEL International Instruments Against Terrorism and Crime International Cooperation and Assistance Education and Awareness Programs International Law Enforcement Cooperation Drug Trafficking, Transnational Organized Crime and Terrorism (Linked to SALW) Brokering Civil Society and Non-Governmental Organizations Information Exchange ANNEX 2

3 INTRODUCTION This report pertains to the implementation by Canada of the United Nations (UN) Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN Programme of Action). It is submitted to the UN Department for Disarmament Affairs (DDA) in response to their 14 January 2004 request in accordance with paragraphs 13 and 14 of the resolution 58/241 entitled The illicit trade in small arms and light weapons in all its aspects adopted by the General Assembly on 23 December The availability and misuse of small arms and light weapons (SALW) pose a serious threat to national, regional and global security. The spread of these weapons can interfere with conflict prevention measures, exacerbate armed conflict, undermine the provision of humanitarian assistance and frustrate the sustainability of peacebuilding efforts. Canada s response to the proliferation and misuse of SALW is a comprehensive approach that addresses three interlocking tracks: arms control, crime control and peacebuilding with the overarching goal to make people, and their communities, safer from the threat of violence. To this end, Canada has continued to devote its efforts to mobilizing the political will of governments to address the SALW problem, reducing the number of weapons in circulation, controlling transfers and addressing the issues that create the demand for weapons in the first place. Domestically, the Canadian model includes legislation, appropriate enforcement, as well as increased information exchange. Internationally, Canada has been working with various regional and international organisations, including civil society, in an effort to develop, exchange and implement international and regional guidelines, norms and principles for policies and action on SALW 1. To do this, Canada supports community-based initiatives, public safety and state capacity building and the strengthening of regional and subregional measures to address the proliferation and misuse of small arms. This report reviews the Canadian policies and actions on SALW since the 2003 Biennial Meeting of States on the Illicit Trade in Small Arms and Lights Weapons in All Its Aspects. The table of contents largely mirrors the structure of the Programme of Action (PoA) to present the Canadian implementation of the PoA at the national, regional and global level. Human security will remain central to Canadian policy and action on SALW through a people centred approach to the issue. The main Canadian objectives will continue to be the enhanced safety of individuals affected by SALW, the control of licit and illicit flows of SALW and the destruction of surplus weapons stockpiles, with targeted interventions carried out by Canadian groups (government and civil society) working in partnership. In addition, the Government of Canada is working with partners in the Human Security Network to advance a people-centred perspective to the SALW issue and, as Chair of the Network, May 2004 to April 2005, continues

4 to support progress on this issue. NATIONAL LEVEL National Committee The Canadian National Committee on Small Arms and Light Weapons (SALW) is chaired by Foreign Affairs Canada (FAC) and composed of representatives from the Government of Canada (Canada Border Services Agency, Canada Firearms Centre, Canadian International Development Agency, FAC, Health Canada, Industry Canada, International Trade Canada, National Defence, Natural Resources Canada, Public Works and Government Services Canada and Public Safety and Emergency Preparedness Canada), from the police forces (Royal Canadian Mounted Police and Canadian Association of Chiefs of Police) and civil society (Non-Governmental Organizations [NGOs], academia, industry / manufacturer representatives and firearms user representatives). The Committee is responsible for policy guidance, research and monitoring of efforts to prevent, combat and eradicate the illicit trade in small arms and light weapons and foster the exchange of information on SALW activities. 2 National Point of Contact on SALW Small Arms and Light Weapons Coordinator Peacebuilding and Human Security Division (AGP) Foreign Affairs Canada 125 Sussex Drive, Ottawa, Ontario, Canada, K1A 0G2 Tel: (613) Fax: (613) human.security@dfait-maeci.gc.ca URL: Legislation, Regulations, Administrative Procedures General There is no internationally accepted definition of SALW 3. The body of Canadian legislation pertaining to firearms (the Criminal Code of Canada, the Firearms Act, the Export and Import Permits Act, the United Nations Act and the Defence Production Act) outlines the scope of Canadian control. All firearms owners must be licensed and all firearms must be registered in the Canadian Firearms Registry. There are three classes of firearms in Canada: prohibited, restricted and non-restricted. All automatic firearms are prohibited in Canada. In addition, certain semi-automatic long guns and certain handguns are also prohibited. Other handguns and

5 certain long guns are restricted firearms. All other firearms all fall within the non-restricted class. The Criminal Code prescribes the penalties for illegal activities; for instance, sanctions for unlicensed and unregistered firearms are outlined in the Criminal Code. Domestic control over the munitions for light weapons (over 0.50 cal) falls under the Explosives Act and Defence Production Act. The texts of Canadian legislation related to firearms are available at the following URLs: -the Firearms Act: -the Criminal Code of Canada: $ Firearms and other weapons offences are contained in Part III of the Criminal Code $ -the Export and Import Permits Act: -the Defence Production Act and the Controlled Goods Program: -the United Nations Act: Production The production of firearms is regulated under the provisions of the Firearms Act, regulations made thereunder and Part III of the Criminal Code. Businesses manufacturing firearms are required to obtain a firearm s business licence with specific permission to manufacture as opposed to sales at wholesale or retail. The Chief Firearms Officer of the province in which the business is situated may issue a firearm s business licence for the activities that the business has specified on its application form. Where prohibited firearms are involved, the activities must come within certain purposes prescribed by regulation. Canadian companies generally produce firearms for domestic and export civilian markets. One manufacturer produces automatic weapons for the Canadian armed forces and government-togovernment sale (such as export to approved allies from the North Atlantic Treaty Organisation [NATO]). Certain prohibited firearms may be sold within Canada to grand fathered owners, who possessed prohibited firearms at the time they were prohibited, as well as to certain businesses - primarily those involved in the movie industry - museums and police forces. In some instances prohibited firearms are approved for export to non-government entities, provided that the destination is an AFCCL-listed country 4.

6 Possession Possession by Individuals and Businesses Individuals and businesses in possession of firearms must be licensed, as required by the Firearms Act. The issuance of licences to both individuals and businesses is subject to screening based on public safety criteria. Licences are issued by the Chief Firearms Officer for the province in which the applicant resides or the business is located. A business firearm s licence must be issued for each location of a business where it possesses firearms. Licences are not transferable. Temporary firearms licenses and registrations for non-resident visitors who bring a firearm to Canada to hunt, attend sport-shooting events or military re-enactments or who are travelling in transit through Canada are confirmed by the Canada Border Services Agency (CBSA). The CBSA undertakes public safety screening before granting the temporary licence. A business is eligible to hold a licence authorizing a particular activity only if every person who stands in a prescribed relationship to the business is eligible to hold a licence authorizing that activity. Section 21 of the Firearms Licences Regulations states that a person is in a prescribed relationship to the business if: (a) the person is the owner of or partner in the business; (b) the business is a corporation and the person is a director or officer of the corporation; (c) the person has a relationship with a person referred to in paragraph (a) or (b) and i. has a direct influence on the operation of the business, or ii. could have access to the firearms held by the business Employees of a business who handle firearms in the course of their duties are also required to have a firearm s licences. A Chief Firearms Officer who issues a licence may revoke it for any good and sufficient reason, including the violation of a condition attached to a licence. Possession by Public Officers and the Armed Forces Possession by Public Officers 5, including law enforcement, is regulated under Section of the Criminal Code. In addition, section 85 (1) of the Firearms Act indicates that the Registrar is to establish and maintain records of firearms acquired or possessed by certain public officers in the course of their duties or for the purposes of their employment, including peace officers. Members of the Canadian Armed Forces are exempted from the Firearms Act. Possession of SALW is regulated by the National Defence Act. Finally, the Defence Production Act and the Controlled Goods Program apply to persons who possess, transfer or examine controlled goods in Canada, regardless of their specific economic

7 activity. Relevant controlled goods include automatic weapons and firearms, as well as armaments or weapons with a calibre greater than In addition, any weapon specifically designed for military use is a controlled good. Offences are described and punishment prescribed in part 3 of the Defence Production Act. They include substantial fines and/or imprisonment. Fines can range up to $2,000,000 per day and imprisonment for up to 10 years or to both. Storage Regulations under the Firearms Act set out the requirements for the safe storage and transportation of firearms for both individuals and businesses. Penalties are provided in the Criminal Code for the improper storage of firearms. Reporting requirements for public agency firearms are set out in the Public Agents Firearms Regulations. Amendments to the Public Agents Firearms Regulations were made in December 2004 but are not yet in force. With respect to the Canadian Armed Forces, regulations under the National Defence Security Policy (NDSP) describe the minimum safeguards and procedures for the security of small arms and ammunition and explosives when held by Regular Force, Reserve Force, Cadet units or other organizations of the Department of National Defence. The NDSP also details policy regarding disciplinary and administrative responses to breaches of security. Disposal Disposal of Surplus Stocks Individuals and businesses may dispose of firearms by turning them in to a police officer or to a firearms officer. When in the force, the Public Agents Firearms Regulations will require the destruction of surplus firearms held be by public agencies, with limited exemptions for public purposes. When these regulations are fully in force, public agencies will not be able to transfer surplus firearms to individuals or businesses. Small arms and light weapons identified as surplus to requirements under the responsibilities of the Canadian Armed Forces are either sold to allied military establishments, transferred to approved public agencies or destroyed. Military SALW identified for destruction by the Department of National Defence are destroyed by smelting under the supervision of the Canadian Forces Supply Depot commanding officer. Smelting of weapons and repair parts are carried out at local foundries under contract. Firearms that fall under the control of any public agent (Canada Border Services Agency officers, Natural Resources officers, federal, provincial and municipal police, Fisheries and Oceans officers) through seizure, abandonment or forfeitures are deemed to be protected firearms. The firearms are disposed of by offering them to the RCMP or the Chief Firearms Officer in the province that the firearms were seized, abandoned or forfeited. Under proposed changes to the Importation and Exportation Regulations (Individuals) and the Authorization to

8 Export or Import Firearms Regulations (Businesses) which are not yet in force, public agents will be regulated to first offer the firearms to the Chief Firearms Officer or to the RCMP. Identification of Surplus Public Agencies are responsible for managing their agency and protected firearms stocks. When the amended Public Agents Firearms Regulations come into force, they will set out clear requirements for the disposal of these firearms. The RCMP destroys all surplus agency firearms as a matter of policy. As part of a recent Small Arms Replacement Program, the RCMP destroyed more than 20,000 surplus revolvers in the manner that the Public Agents Firearms Regulations would have required. The Department of National Defence reviews weapon requirements on a continuing basis and identifies surpluses based on these requirements. Information on Confiscated or Destroyed SALW Submitted to Relevant Regional and International Organizations The Department of National Defence reports any destruction of its own small arms to the Organization for Security and Co-operation in Europe (OSCE) on an annual basis. The destruction of weapons seized during peacekeeping operations is reported through the appropriate operational chain of command. The amount of information forwarded concerning seized weapons varies widely according to the operation. Export Controls General The export of SALW is closely controlled under the framework of the Export and Import Permits Act by the Export Controls Division of International Trade Canada (ITCan). SALW are controlled for export under Items 2001 and 2002 of the Export Control List (ECL). The ECL includes several groups and categories and reflects the several export control regimes to which Canada is a member. SALW exports, specifically, are controlled under the Wassenaar Arrangement. Obligations with respect to the export permit process are laid out in the Export Permits Regulations. Current policy requires an export permit for the export of SALW to any destination other than the United States (US) (see next paragraph for SALW export policy to the US). Prior to the issuance of an export permit, the exporter must present a copy of a valid import authorization from the importing country. This import authorization may take the form of an End-Use Certificate, International Import Certificate, Firearms Import Permit or Import Licence depending on the policy and procedures of the importing state.

9 The current policy for the export of SALW to the US requires a permit for the export of firearms which are identified as prohibited by the Criminal Code of Canada. Once the Export and Import Regulations of the Firearms Act are in place in 2006, all permanently exported firearms will require export permits to all destinations. While military goods going for end-use in the United States do not require export permits, this exemption will no longer be valid for any weapon captured by the Inter-American Convention on the Illegal Manufacturing and Trafficking in Firearms, Explosives and Other Related Materials. Currently, the export of SALW is administered by International Trade Canada (ITCan). With the enactment of regulations recently passed by the House of Commons, firearms exports would also require authorization from the Canada Firearms Centre (CFC). It is expected that this change may take effect in CFC is being consulted for domestic purposes such as maintaining the integrity of the Firearms Registry by removing exported firearms and by ensuring that firearms exported are registered and that the exporter is licensed. Implementation As aforementioned, export permits (licences) are issued by the Minister of International Trade Canada, who is the Minister responsible for the implementing legislation (the Export and Import Permits Act). The issuing authority is the Export Controls Division of ITCan. Exports of SALW must conform to export criteria established by Cabinet in 1986, which closely control military exports to countries that: a. pose a threat to Canada and its allies; b. are involved in or under imminent threat of hostilities; c. are under United Nations Security Council sanctions; or d. have governments that have a persistent record of serious violations of the human rights of their citizens, unless it can be demonstrated that there is no reasonable risk that the goods might be used against the civilian population. Before a decision is made, consultations are held among human rights, military and industry experts with Foreign Affairs Canada, with the Department of National Defence, with Industry Canada, and, where appropriate, with other government departments and agencies. These consultations involve reviewing the latest information and best policy advice on Canada's defence and industrial relations with the recipient country, regional peace and stability, including civil conflict, and the human rights situation, including trends (such as signs of improvement or signs of deterioration). Careful attention is also paid to the end-use documentation to ensure the goods are indeed going to a legitimate end-user and will not be diverted. The Minister of International Trade reviews personally all proposed exports of arms to sensitive destinations. Differentiation between destinations occurs as Canada has fast-track procedures for most NATO and OECD countries if there are no concerns about the consignee. The Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP) are the primary enforcement arms of Canadian export controls. Under the Customs Act, CBSA

10 enforces export control legislation at the border and undertakes investigations of suspected infractions. End-Use Assurances Exporters must supply a verifiable End-Use Certificate or an International Import Certificate or Import License in order for an export permit to be issued for all exports of military style firearms. In the case of sporting firearms, Canada will accept an End-Use Statement from the importing commercial enterprise. In these cases, Canadian policy requires that a member of the locally-accredited Canadian mission visit the commercial enterprise to ensure that it is a reputable business which carries on within the dictates of local laws. Notification on Re-export Canada requires proof of US re-export authority prior to export from Canada where the firearm is of US origin and; a) is an automatic weapon; or b) is greater than.50 calibre. Import / Transit / Retransfer The import of SALW is also administered under the framework of the Export and Import Permits Act by the Export Control Division of ITCan. SALW are controlled for import under Items 70 and 71 of the Import Control List. Obligations with respect to the import permit process are laid out in the Import Permits Regulations. Current policy allows for individuals and businesses to import firearms, other than firearms which are prohibited by the Criminal Code of Canada, without an import permit. The importer must hold a valid firearm s licence, with acquisition privileges, for the type of firearms to be imported. In the case of a firearm that is restricted under the Criminal Code, the resident must also obtain an Authorization to Transport from the provincial Chief Firearms Officer. Individuals are not entitled to import firearms that are prohibited under the Criminal Code unless the firearm was originally exported by that individual (i.e., exported for repair). When new import control regulations come into force, expected in 2006, individuals wishing to import a firearm will be required to obtain an Authorization to Import issued by the Registrar of Firearms. All firearms in Canada must be registered and all firearms owners must be licensed by the Canada Firearms Centre. Newly imported firearms must be registered upon import. Canadian businesses must have a Canadian Firearms Business Licence to import commercial shipments of firearms. The licence prescribes the class of firearm that the business wishes to import ( non-restricted, restricted, prohibited ). Businesses may import prohibited firearms provided that their licence prescribes such activity. Prohibited firearms, typically,

11 may only be imported for police authorities, public agencies, military institutions or museums and for cinematic / theatrical use. When new import control regulations come into force, residents wishing to import a firearm will be required to obtain an Authorization to Import issued by the Registrar of Firearms. 6 At the same time, and in keeping with multilateral commitments, new transit regulations permitting the transit, through Canada, by businesses, of restricted and non-restricted firearms will take effect. Brokering While there is no explicit legislation on brokering of SALW in Canada, the matter of brokering is broadly addressed by Canadian federal legislation. The various elements of the issue are covered by the Export and Import Permits Act, the Defence Production Act and the Firearms Act among others. With respect to the Export and Import Permits Act, brokers who act as exporters of record for items on the Export Control List are required to apply for an export permit. In addition, there are very strict controls with respect to Automatic Firearms under the provisions related to the Automatic Firearms Country Control List. Furthermore, activities related to exports to countries on the Area Control List are closely regulated. Under the Defence Production Act, the domestic possession, examination and transfer of "controlled items" including most munitions are strictly controlled; any broker who would have access to controlled goods or technology would be regulated. The Firearms Act only regulates business directly involved with firearms in Canada. Should firearms be sourced from Canada, firearms registration information could be used to identify those sources. Such information may be a useful investigative lead. The United Nations Act and Anti-Terrorism Act address brokering related to UN embargoed destinations and brokering as it relates to financing and terrorism. Finally, FAC is currently reviewing a study of existing Canadian and foreign legislation and regulations related to brokers and their activities. Marking / Tracing / Record Keeping General Currently, the Firearms Act requires that a firearm bear a unique identifying number (whether marked by stamping or engraving or affixed with a sticker issued by the Registrar). Regulations providing for import and export marking were made in December 2004, but are not yet in force. All small arms purchased by the Department of National Defence are marked with a unique serial number applied by the manufacturer. The formats of serial numbers are provided in the terms of each specific contract; the serial numbers for newly purchased/ manufactured firearms from Diemaco, for example, follow a standard format, where the first two digits are the year of manufacture, two letters indicate the caliber designation, and the remaining digits are the sequential numerical designation for weapon type starting at for that year of manufacture. The Department utilizes these unique serial numbers to manage and account for all new small arms in its inventory and recorded lists of previous manufacturer s serial number rationalizations

12 to support the management of all older firearms in the inventory. The Royal Canadian Mounted Police (RCMP) National Police Service provides a centralized tracing support for all law enforcement agencies in Canada. The serial number and / or the firearm identification number that are currently recorded upon the registration of a firearm allow the firearm to be traced. In addition, firearms legislation requires the firearm to be registered against the manufacturer s inventory upon manufacture, and at every subsequent transfer. With this system in place, a quick electronic registration query can replace many hours or days of intensive police work identifying the last legal owner of a firearm, which may provide valuable investigative leads. There are three types of traces conducted by the RCMP Central Firearms Tracing Unit. 1) Canadian Trace: This involves tracing the history of a firearm that is registered in Canada or has been imported into Canada by a Canadian firearm dealer. A request may be received from law enforcement agencies within Canada or outside Canada; 2) US Trace: This involves tracing a firearm through the Bureau of Alcohol, Tobacco and Firearms (ATF) National Tracing Center. The firearm being traced was either manufactured in the US or imported into the US by a Federal Firearms Licensee; 3) International Trace: This involves tracing a firearm that was manufactured outside North America and was not imported into Canada or the US. Although these traces are usually coordinated through Interpol Ottawa, in some particular instances foreign manufacturers can be contacted directly. In addition to conventional firearm tracing based on the markings applied to firearms and a search of relevant records, modern forensic technology permits the tracing of a firearm via the markings imparted to bullets fired from the firearm and to cartridge cases fired in the firearm. The dominant technology employed in this way is IBIS - Integrated Ballistics Identification System. Canada has a network of IBIS instruments, CIBIN - Canadian Integrated Ballistics Identification Network, which is used to link seized or found firearms to crimes through a comparison of fired bullets and cartridge cases recovered from crime scenes or at autopsy to test fired bullets and cartridge cases made using the suspect firearm. IBIS technology is in use in over 30 countries and is applicable to both domestic and international crime fighting as well as war crimes investigations. Records on Holding and Transfer ITCan holds records for the import and export of firearms for 7 years. It is expected that in time these records will be kept indefinitely to satisfy commitments made in various international fora. As set in the Firearms Records Regulations, individual licensing information recorded in the Canadian Firearms Information System must be kept for a minimum of ten years after the last

13 administrative action has been taken on the information in the record. Records of safety training requirements cannot be destroyed until after the death of the person to whom they relate. Similarly, records of firearm prohibitions cannot be destroyed until after the death of the person to whom they relate unless, on the expiry of the prohibition order, the person takes the Canadian Firearms Safety Course and passes the related test. Firearms registration information must be kept indefinitely. The Canadian Firearms Registry contains information on licences, authorizations, registration certificates, prohibition orders and other information collected under the authority of the Firearms Act. Following the enactment of new regulations, expected in 2005, firearms in the possession of a public agency will be required to be recorded and the record provided to the Registrar of Firearms. The Canadian Armed Forces have a recording system based on serial numbers for small arms. Reports are produced quarterly for all accounts having a balance or change of balance. Small arms tracking is maintained this way, as detailed in Special Materials Control procedures. Cooperation in Tracing Illicit SALW The National Weapons Enforcement Support Team of the RCMP National Police Services (NPS) provides support to Canadian law enforcement agencies in addressing the problem of smuggling and illicit trafficking in illegal weapons, including the issues of violence involving firearms. This support is provided through: $ the training of firearms investigative support officers through the International Firearms Trafficking School in partnership with the US ATF; $ the provision of investigative support to front-line agencies; $ the provision of expertise in combatting trafficking and smuggling; $ investigative support lines; $ intelligence-gathering tools and training to front-line law enforcement; $ establishing links with international enforcement agencies; $ providing access to international law enforcement; $ enhancing the Canadian tracing program; and $ increasing capacity to share information nationwide regarding illegal weapons. Another RCMP-NPS initiative supporting anti-trafficking efforts is the Firearms Reference Table, an electronic database devoted to the accurate identification of firearms. As a searchable comprehensive text and photo database of firearms, the use of this tool by law enforcement and related agencies enables field users to uniquely identify a firearm along with its point of origin at time of manufacture. Thus facilitates tracing and tracking efforts in both domestic and international spheres. Illegal Aspects

14 Illegal Manufacture It is an indictable offence under section 99 of the Criminal Code of Canada to manufacture or transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition other than under the authority of the Firearms Act or any other Act of Parliament or any regulations made thereunder. A conviction under this section carries with it a minimum punishment of imprisonment for 1 year and a maximum punishment of imprisonment for 10 years. Illegal Possession There are several offence provisions under the Criminal Code for unauthorized possession of firearms. The penalties range from a fine to a term of imprisonment not exceeding 10 years. It is also an offence under section 112 the Firearms Act to be in possession of a non-restricted firearm without being the holder of a registration certificate for that firearm. Illegal Stockpiling Although there is no distinct offence provision in the Criminal Code that addresses the issue of stockpiling, the offence provisions of the Code that deal with illegal manufacture and illegal possession would also prohibit the illegal stockpiling of firearms by individuals. Since all civilian firearms in Canada must be registered, and eventually all firearms held by public agency will be recorded, the Registrar of Firearms has the opportunity to monitor the quantities and types of firearms held by any single individual or organization. While there is no stated limit to the number of firearms that can be possessed, unusual patterns or quantities inconsistent with lawful activities may trigger an investigation. Illegal Trade There are several provisions under the Criminal Code related to the unauthorized transfer of firearms. Penalties range from a fine to a maximum term of imprisonment of 10 years, and in the case of weapons trafficking, to a minimum term of one year imprisonment. Measures Taken Against Activities Violating Arms Embargoes of the United Nations Security Council A number of sanctions imposed by the United Nations Security Council (UNSC) have included arms embargoes against certain countries (Somalia, Liberia, Iraq) and against Rwandan nongovernmental forces, Al-Qaeda/Taliban listed entities and individuals, the RUF in Sierra Leone and armed groups and militias in certain territories of the Democratic Republic of the Congo. In implementing these UNSC mandated arms embargoes, Canada usually does so through regulations made under the United Nations Act or through the Export and Import Permit Act. Once regulations are in place, Canadian authorities such as the Canada Border Services Agency

15 are responsible for inspecting and detaining goods that are in violation. The RCMP may be called upon to investigate and lay charges. Violations of the United Nations Act carry a maximum penalty of 10 years imprisonment. How Is the Aforementioned Made Public The Canadian government notifies its residents of changes to federal legislation via the Canada Gazette. In addition, the Export Controls Division of International Trade Canada(ITCan) undertakes outreach programs with affected groups and industries to advise them of new legislation and regulations as well as any changes. ITCan also issues Notices to Exporters and Notices to Importers to advise of changes in policy / procedure. Foreign Affairs Canada maintains a comprehensive web-site on economic sanctions which provides information on all regulations made under the United Nations Act (URL As well, ITCan maintains a comprehensive internet web-site (URL and the two web-sites are directly linked The public has been notified of the licensing, transfer and registration requirements and the penalties for illegal activities under the Firearms Act by means of information posted on the Canadian Firearms Centre website (URL special bulletins, newsletters, media advertisements and flyers distributed to each household. Information is also provided to the public upon request. REGIONAL LEVEL Regional Initiatives Legally Binding Instruments Canada has signed the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime and the Organization of American States Inter- American Convention against the Illegal Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (CIFTA). Regulations ensuring Canada s compliance with the firearms provisions of both documents were made in December 2004, but are not expected to come into force until Political Commitments At the OSCE, Canada has subscribed to a series of political commitments related to SALW in the period These include the OSCE Document on SALW (2000), the OSCE Document on Stockpiles of Conventional Ammunition (2003), OSCE Principles for Export Control of Man-Portable Air Defence Systems (2004), OSCE Principles on the Control of

16 Brokering in SALW (2004) and OSCE Standard Elements on End-User Certificates and Verification Procedures for SALW (2004). Canada also participated actively in the preparation of a Best Pratice Guide for SALW which was adopted in Support to Action Programs Χ The Nairobi Declaration of 2001, facilitated by a Canadian government grant and technical assistance provided by Project Ploughshares and the Africa Peace Forum, among others, proved to be a milestone event in recognizing and clarifying the means to begin to address the SALW problem in an African context. Since then, Canada, through Project Ploughshares in Canada and the Africa Peace Forum (APFO) in Kenya, has been assisting with the development of the Nairobi Declaration s Action Plan. In keeping with Canada s support for a comprehensive people-centered response to the SALW challenge, this cooperative project aims to develop civil society and government cooperation in seeking to reverse the trend of proliferation and misuse of SALW in the Great Lakes region and the Horn of Africa. It also seeks to strengthen the SALW sub-regional infrastructure, including the Nairobi Secretariat and the National Focal Points. Χ The G8 Africa Action Plan (AAP) was adopted at the G8 Summit in Canada in July 2002 in response to the New Partnership for Africa s Development (NePAD). In the context of the AAP, G8 leaders undertook to support African efforts to prevent and resolve violent conflict more effectively, including capacity-building for peace support operations. Canada s overall contribution in support of the AAP includes $15 million, targeted towards enhancing individual and community security in the member states of the Economic Commission of West African States (ECOWAS), through the Canada / West Africa Peace and Security Initiative (PSI). The PSI focuses on the following three sectors: strengthening West African peace support operations capacity; policing; and SALW. Χ Beginning in June 2001, Canada has acted as the lead nation for a NATO Partnership for Peace Trust Fund Project to destroy 11,650 tonnes of surplus stocks of SALW ammunition, munitions and explosives in Albania. Canada is funding this ongoing project in conjunction with the governments of Czech Republic, Estonia, Greece, Hungary, Ireland, Luxembourg, the Netherlands, Norway, Poland, Sweden, Switzerland, the United Kingdom, the United States and, for the first time as a separate entity, the European Union. The Project's total budget is 6.4 million euros. A former explosives facility has been equipped with special facilities and local citizens have been hired and trained. This will enable Albania to be used as a regional centre for demilitarization in the Balkans and contribute to the stability of South Eastern Europe. The Project commenced in December 2002, and the SALW Destruction Facility at Mjekes was

17 officially opened on March 30, $ Canada, along with the governments of Greece, Hungary, Ireland, the Netherlands and Norway, contributed to the Dutch-led NATO South East Europe Initiative (SEEI) Trust Fund Project to destroy 23,223 SALW in Serbia and Montenegro. This Project, with a budget of 375,000 euros, commenced on October 16, 2003 and was completed in November 17, The Project was completed under budget, and the residue of the Fund will be used to destroy approximately an additional 8,000 SALW in Serbia and Montenegro. The location of the destruction was the Serbia and Montenegro Ministry of Defense Technical Repair Bureau at Cacak. $ In response to the 2003 Lima Challenge initiated by the Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean (UN-LiREC), Canada donated copies of the Firearms Registry Software to UN-LiREC that will serve to register stockpiled or destroyed firearms. Direct support to this initiative was further provided by RCMP-NPS. A Firearms Technologist from the Firearms Reference Table Section of RCMP Forensic Laboratory Services was assigned for duties with UN-LiREC as a Monitoring and Verification Commission Member and Chief Firearms Technical Advisor for Firearms Destruction Missions during the period August 2002 to the present. The four missions were undertaken in Argentina, Peru and Paraguay, which accomplished the destruction of over 10,000 illicit or surplus stockpiled military small arms. $ Canada is also funding Project Ploughshares, a Canadian NGO, in defining a series of common norms to be taken into account in the assessment of SALW transfers. These norms and procedures would be based on existing best practice in the OAS and other regions, and would be reflective of states existing responsibilities under international law. $ Canada participated in the OAS Hemispheric Seminar on Identification, Collection, Stockpile Management, and Destruction of Small Arms and Light Weapons organized by the Inter-American Defence College and held in Managua, Nicaragua, in May No less than one high-level Military, Police, and Government Official from each participating nation was present. The seminar discussed the proliferation and illegal trafficking of SALW focussing on OAS initiatives to enhance hemispheric security though the management of weapons arsenals; and the collection, identification and destruction of SALW. On invitation of the OAS, and in cooperation with Foreign Affairs Canada, a member of the Firearms Reference Table Section of the RCMP National Police Services addressed the conference on Arms Reductive Initiatives with particular emphasis placed on the technical requirements for effective weapons destruction missions. The presentation served as a focal point for open discussion on the effort to establish SALW monitoring, verification, identification, security, destruction and related

18 technical best practices in the hemisphere. The seminar enhanced the implementation of National Multi-Discipline Commissions for the Control of SALW Trafficking within the OAS Central American Project of Control of SALW. Χ Canada funded a Small Arms Control project in Guatemala through the Instituto de Enseñanza para el Desarrollo Sostenible in an effort to consolidate a national program of arms control with the participation of governmental actors and groups of civil society. Χ Through SaferWorld, Canada is supporting a Small Arms Violence and Community Policing project in Kenya that aims to increase community safety and reduce the proliferation and misuse of small arms by transforming the culture of the Kenyan Police and building trust between the police and local communities. $ Canada also funded a "train-the-trainers" course offered at the main campus in Costa Rica of the United Nations mandated University for Peace (UPEACE) aimed at increasing technical knowledge on SALW, particularly on investigations into the legal and illegal trade in firearms". Some 32 police officers from throughout Latin American participated. This course is part of a series of courses developed through a four-party cooperative effort involving UN-LiREC, UPEACE, the Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS), and the International Criminal Police Organization (INTERPOL). The course was also funded by Norway, Sweden, the United Kingdom and the European Union. Over a four-year period, it is expected that some 800 law enforcement officers will receive this training. In November 2004, RCMP-NPS assisted this initiative by providing an instructor from the Firearms Reference Table Section of the Forensic Laboratory Services to the train-thetrainers course held near Port of Spain, Trinidad where in excess of 80 CARICOM group law enforcement, military, customs and correctional services personnel were trained in firearms identification, monitoring, verification, stockpiling, security and destruction tasks as they relate to anti-trafficking activities. $ RCMP personnel from Forensic Laboratory Services-Firearms Reference Table Section, have also instructed on Disarmament, Demobilization, and Reintegration courses held at the Pearson Peacekeeping Centre, Cornwalis, Nova Scotia, in 2003/2004 for both domestic and international students. Lectures and practical exercises on the identification, verification, monitoring, security, transportation and destruction of SALW was conducted. $ Through the Biting the Bullet Consortium, Canada has funded the Biennial Report on the Implementation of the UN Program of Action on Small Arms which sought to ensure that the Programme of Action (PoA) was fully implemented and developed further. In

19 particular, a monitoring report for the 2003 Bilateral Meeting of States (BMS) on the implementation of the PoA was produced. A follow-up project, which will produce further monitoring reports, as well as provide other inputs into the debate around the 2006 review of the Program of Action, is also being considered. $ Through Project Ploughshares (jointly with the Arias Foundation, Viva Rio and the Women's Institute for Alternative Development), Canada funded the promotion of the development of a hemispheric-level instrument on OAS Common Principles on Transfers of SALW. The proposal conducted and consolidated research on existing national, regional and international norms; consulted with governmental and non-governmental experts on the form and content of an agreement; and promoted a draft agreement at the sub-regional and hemispheric levels. $ Within the OSCE, Canada has contributed close to $1 million for OSCE de-mining activities in Tajikistan; has contributed $50,000 to OSCE destruction of ammunitions in Moldova; and has initiated a revision of the existing OSCE questionnaire on landmines, in light of new developments in international law since $ Canada, through the National Weapons Enforcement Support Team (NWEST), supports two Firearms Trafficking Conferences per year. The first is held in conjunction with the US BATFE in which Canadian and American Law Enforcement officers are trained in the investigation of Illicit Firearms. A second conference, funded by PSEP, will be held each year involving International law enforcement. At least 19 countries are expected to attend this year s International Conference. GLOBAL LEVEL International Instruments Against Terrorism and Crime Canada has ratified all 12 international counter-terrorism instruments 8. Canada has also ratified the Inter-American Convention Against Terrorism, the first state in the hemisphere to do so. In addition, Canada has ratified the following Crime-related Instruments: - UN Transnational Organized Crime Convention and its two illegal migration protocols: The Protocol Against the Smuggling of Migrants by Land, Sea and Air and The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; - OAS Inter-American Convention Against Corruption;

20 - OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions; - Convention against the Illicit Traffic of Narcotic Drugs and Psychotropic Substances (1988); - The Convention on Psychotropic Substances (1971); - The Single Convention on Narcotics Drugs (1961) and its amending Protocol (1972). Finally, Canada has signed the following: - Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (to the UN Convention against Transnational Organized Crime); - OAS Inter-American Convention Against The Illicit Manufacturing Of And Trafficking In Firearms, Ammunition, Explosives, And Other Related Materials. International Cooperation and Assistance Education and Awareness Programs Χ Canada helped International Alert produce two policy briefing on civilian possession of small arms and arms embargoes in the Bitting the Bullet series. Χ Canada, through the World Health Organization, is developing a comprehensive and action-oriented study on small arms violence and its impact on global health. $ Canada continues to fund the Small Arms Survey, an NGO that acts as an international source of neutral and public information on all aspects of small arms, and serves as a resource in terms of information and research on small arms issues. Χ Canada also gave funding to the Centre for Humanitarian Dialogue and Human Security Network and the Centre for Humanitarian Dialogue for the development of a publication that will call for people-centred measures including public health interventions, restraint in arms transfers, community-based policing and increased attention to gender based violence.

21 $ Canada provided funding to the Graduate Institute of International Studies in their efforts to strengthen steps in the implementation of the 2001 Programme of Action through the Geneva Process, an informal mechanism which includes a cross-regional selection of countries, UN agencies and NGOs. Χ Canada is also helping the Physicians for Global Survival Canada and the International Physicians for the Prevention of Nuclear War in their efforts to organise health professionals concerned with the prevention of death and injuries from SALW and to add an informed public health perspective to the debate on SALW policies and programs. Χ Canada is contributing to the Quaker United Nations Office s efforts to encourage more international support for demand side policies and programs by undertaking a two-year process to define and publicize the most crucial demand issues. $ Canada is funding a research programme through Gun Free South Africa and the Centre for Conflict Resolution that examined the trade, use and control of small arms within the Southern Africa region. Gun Free South Africa and the Centre for Conflict Resolution organized a conference and published a variety of resources for both civil society and governments. International Law Enforcement Cooperation National Weapons Enforcement Support Team (NWEST), National Police Services and the RCMP manage the National Tracing Unit which assists national and international law enforcement agencies to trace firearms. Canada, through the RCMP, has created a working prototype of the Interpol Weapons and Explosives Tracking System (IWETS) and donated this high-performance tool to the Interpol Secretariat. A production version of IWETS is now being installed at the Interpol Secretariat. IWETS consists of a bulletin board, an automated tracing form, a stolen firearms and explosives database, a counterfeit firearms database and capability for subject-matter experts. The RCMP has also included the Firearms Reference Table (an electronic firearms encyclopaedia containing firearms descriptions and related photographs used for firearms identification purposes). This database constitutes a comprehensive catalogue of historical to present-day firearms which is used as an operational tool by investigators and law enforcement as a standard method of accurately identifying firearms. This allows field personnel to be more effective in implementing import-export controls, facilitates the detection of stolen firearms (tracing) and allows accurate international communications involving trans-national crime through the use of a common identification standard and terminology. IWETS will provide law enforcement agencies with an enhanced capability to share information and intelligence in a timely manner. Effective use of IWETS will