CP/RES. 884 (1484/05)

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

 (Adopted at its session held on May 20, 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/doc.4036/05); 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.

APPENDIX

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)

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.