Russian Federation E - Programme of Action on small arms ...163... · 07-32739 -2- Report on...

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07-32739 -1- Translated from Russian Permanent Mission of the Russian Federation to the United Nations No.: 192/N The Permanent Mission of the Russian Federation to the United Na tions presents its compliments to the Department fo r Disarmament Affairs of the Un ited Nations Secretariat and has the honour to submit herewith the report on implementation in the Russian Federation of the Programme of Action to Prevent, Combat and Eradic ate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. The Permanent Mission of the Russian Federation to the United Nations takes this opportunity to renew to the Department for Disarmament Affairs of the United Nations Secretariat the assurances of its highest consideration. New York, 26 April 2007 Department for Disarmament Affairs of the United Nations Secretariat New York

Transcript of Russian Federation E - Programme of Action on small arms ...163... · 07-32739 -2- Report on...

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Translated from Russian

Permanent Mission of the Russian Federation to the United Nations

No.: 192/ N

The Permanent Mission of the Russian Federation to the United Na tions presents its compliments to the Department fo r Disarmament Affairs of the Un ited Nations Secretariat and has the honour to submit herewith the report on implementation in the Russian Federation of the Programme of Action to Prevent, Combat and Eradic ate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects.

The Permanent Mission of the Russian Federation to the United Nations takes this opportunity to renew to the Department for Disarmament Affairs of the United Nations Secretariat the assurances of its highest consideration.

New York, 26 April 2007

Department for Disarmament Affairs of the United Nations Secretariat New York

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Report on implementation in the Russian Federation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (as at April 2007)

Under Russian legislation, small arms and light weapons are not in a separate category of conventional arms. The general procedure for regulating transfers of items for military use applies to small arms and light weapons.

The Russian Fe deration takes the recommendations of the Programme of Action into account as much as possible during consideration of issues concerning the problem of small arms and light weapons and is adopting effective measures at the national, regional and internatio nal levels to prevent the illicit proliferation of such weapons.

A. National level

1. National coordination agency

The problem of the illicit proli feration of small arms and ligh t weapons is multifaceted and its specific aspects fall within the jurisdiction of different Russian departments. In general, the task of combating the illicit manufacture of and traffic and trade in small arms and light weapons is performed jointly by the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Ministry of Defence, the Federal Security Service, the Public Prosecutor’s Office, the Federal Service for Military and Technical Cooperation, the Federal Service for Technical and Export Control, the Federal Customs Service, the Federal Agency for Industry (Rosprom) and other bodies concerned within the limits of their jurisdiction. The Russian Ministry of Foreign Affairs coordinates the negotiation process relating to all issues concerning small arms and light weapons at the international level.

2. National point of contact

A national point of contact has been established in the Russian Federation to provide liaison between States on matters relating to the implementation of the Progra mme of Action: the Ministry of Foreign Affairs, Department of Security and Disarmament Matters, Section for Military and Technical Cooperation (Smolenskaya -Sennaya pl., 32/34, Moscow, 119200, telephone: 244 -22-30, fax: 253-90-82/83, e-mail: [email protected] ).

3. Legislation, regulations and administrative procedures

All types of activity related to small arms and light weapons in Russia are subject to licensing.

3.1 Development, manufacture, repair and recycling of small arms and light weapons

Licences for the development, manufacture, repair and recycling of small arms and light weapons, the manufacture of cartridges for small arms and light weapons and the development, manufacture and recycling of ammunition are issued by Rosprom in accordance with the following legal acts:

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Federal Act No. 150 of 13 December 1996 on weapons, as amended by Federal Act No. 15 of 10 January 2003 — Sobranie zakonodatelstva Rossiskoi Federatsii (Collection of Laws of the Russian Federation), 1996, No. 51, page 5681; 1998, No. 30, page 3618; No. 31, page 3834; No. 51, page 6269; 1999, No. 47, page 5612; 2000, No. 16, page 1640; 2001, No. 31, page 3171; No. 33, page 3435; No. 49, page 4558; 2002, No. 26, page 2516; No. 30, page 3029; 2003, No. 2, page 167; No. 27, page 2700; No. 50, page 4846; 2004, No. 18, page 1683; No. 27, page 2711;

Federal Act No. 128 of 8 August 2001 on the licensing of specific types of activity — Sobranie zakonodatelstva Rossiskoi Federatsii , 2001, No. 33, page 3430; 2002, No. 11, page 1020; No. 12, page 1093; No. 50, page 4925; 2003, No. 2, page 169; No. 9, page 805; No. 11, page 956; No. 13, page 1178; No. 52, page 5037; 2004, No. 45, page 4377; 2005, No. 13, page 1078; No. 27, page 2719; 2006, No. 1, page 11;

Government Decisions Nos. 455, 456 and 457 of 21 June 2002 confirming the following:

Regulation on the licensing of the manufacture of weapons and basic components of firearms — Sobranie zakonodatelstva Rossiskoi Federatsii , 2002, No. 26, page 2598; 2002, No. 41, page 3983;

Regulation on the licensing of activities in the area of weapons and military equipment — Sobranie zakonodatelstva Rossiskoi Federatsii , 2002, No. 26, page 2599; 2002, No. 41, page 3983; 2005, No. 7, page 560;

Regulation on the licensing of the manufacture of cartridges for weapons and component parts of cartridges — Sobranie zakonodatelstva Rossiskoi Fed eratsii , 2002, No. 26, page 2600; No. 41, page 3983;

Government Decision No. 190 of 8 April 2004 on matters concerning the Federal Agency for Industry — Sobranie zakonodatelstva Rossiskoi Federatsii , 2004, No. 15, page 1484; 2006, No. 2, page 221;

Government Dec ision No. 285 of 16 June 2004 confirming the Regulation on the Federal Agency for Industry — Sobranie zakonodatelstva Rossiskoi Federatsii , 2004, No. 25, page 2567;

Government Decision No. 45 of 25 January 2006 on the licensing of spec ific types of activity — Sobranie zakonodatelstva Rossiskoi Federatsii , 2006, No. 6, page 700.

In accordance with the administrative procedures adopted in the Russian Federation, at the manufacturing stage of s mall arms and light weapons, the following are subject to control:

(a) Use of technical documentation on weapons;

(b) Registration and storage of specialized technical equipment;

(c) Registration of parts, assembly units and the finished product in the process of manufacture, transport and storage;

(d) Procedure for the storage and destruction of weapons, including defective weapon parts;

(e) Procedure for the marking and stamping of weapons.

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3.2 Foreign trade activities involving small arms and light weapons

Decisions on the export, import and re -export of small arms and light weapons are taken by the President, the Government or the Federal Service for Military and Technical Cooperation on the basis of the following legislative and regulatory acts :

Federal Act No. 164 of 8 December 2003 on the bases for State regulation of foreign trade activities, as amended by Federal Act No. 122 of 21 August 2004 — Sobranie zakonodatelstva Rossiskoi Federatsii , 2003, No. 50, page 4850; 2004, No. 35, page 3607; 2005, No. 30, page 3128; 2006, No. 6, page 636; No. 3, page 280;

Federal Act No. 150 (article 17) of 13 December 1996 on weapons;

Federal Act No. 114 (articles 4 and 9) of 19 July 1998 on military and technical cooperation between the Russia n Federation and foreign States — Sobranie zakonodatelstva Rossiskoi Federatsii, 1998, No. 30, page 3610;

Federal Act No. 183 of 18 July 1999 on export c ontrol, as amended by Federal Acts No. 196 of 30 December 2001 and No. 58 (articles 1, 2, 5, 8, 16 and 25) of 29 June 2004 — Sobranie zakonodatelstva Rossiskoi Federatsii , 1999, No. 30, page 3774; 2002, No. 1, page 2; 2004, No. 27, page 2711; 2005, No. 30, page 3101;

Presidential Decree No. 235 of 18 February 1993 on the procedure for imposing an embargo on the supply of weapons and military equipment, the provision of military technical services and the supply of raw material, materials and equipment and the transfer of military and dual-use technology to foreign States, including members of the Commonwealth of Independent States — Sobranie aktov Prezidenta i Pravitelstva Rossiskoi Federatsii (Collection of Acts of the President and Government of the Russian Federation), 1993, No. 8, page 658;

Presidential Decree No. 375 of 12 March 1996 on the coordinating role of the Ministry of Foreign Affairs of the Russian Federation in the conduct of a uniform foreign policy of the Russian Federation — Sobranie zakonodatelstva Rossiskoi Federatsii , 1996, No. 12, page 1061;

Presidential Decree No. 1357 of 17 November 2003 on the federal State unitary enterprise Rosoboroneks port, as amended by Decrees No. 1083 of 16 August 2004 and No. 1062 of 10 September 2005 — Sobranie zakonodatelstva Rossiskoi Federatsii , 2003, No. 47, page 4518; 2004, No. 34, page 3539; 2005, No. 38, page 3800;

Presidential Decree No. 1083 of 16 August 2004 on questions relating to the Federal Service for Military and Technical Cooperation, as amended by Decrees No. 1346 of 21 October 2004 and No. 329 of 22 March 2005 — Sobranie zakonodatelstva Rossiskoi Federatsii, 2004, No. 34, page 3539; No. 43, page 4189; 2005, No. 13, page 1137; No. 49, page 5202;

Presidential Decree No. 1062 of 10 September 2005 on military and technical cooperation between the Russia n Federation and foreign States — Sobranie zakonodatelstva Rossiskoi Federatsii , 2005, No. 38, page 3800;

Presidential Decree No. 54 of 18 January 2007 on certain questions relating to military and technical cooperation between the Russian Federation and foreign States — Sobranie zakonodatelstva Rossiskoi Federatsii , 2007, No. 4, page 492;

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Government Decision No. 1109 of 2 October 1999 confirming the Regulations on the provision by federal executive bodies of military and technical support and control of the development, manufacture and supply of items for military use — Sobranie zakonodatelstva Rossiskoi Federatsii, 1999, No. 41, page 4927;

Government Decision No. 647 of 30 August 2001 confirming the procedure for listing items for military use licensed for transfer to foreign clients and the procedure for listing States licensed to transfer items for military use indicated in the list of items for military use licensed for transfer to foreign clients, as amended by Government Decision No. 49 of 1 February 2005 — Sobranie zakonodatelstva Rossiskoi Federatsii , 2001, No. 37, page 3688;

Government Decision No. 604 of 6 October 2006 on Regulations concerning monitoring by the competent organs of foreign States of obligations for the special-purpose use of specific items for military use supplied from the Russian Federation — Sobranie zakonodatelstva Rossiskoi Federatsii, 2006, No. 42, page 4379;

Government Decision No. 641 of 4 November 2006 confirming the Regulations on the registration of organizations authorized to engage in foreign trade activities involving items for military use — Sobranie zakonodatelstva Rossiskoi Federatsii , 2006, No. 46, page 4792;

Order No. 52 of 3 July 2001 of the Russian Federation Committee on Military and Technical Cooperation with foreign States approving Instruction No. 58 of 10 February 2000 of the Ministry of Trade on the procedure for submission to the Russian Federation Committee on Military and Technical Cooperation with foreign States of information and documents necessary for the registration of contracts concerning foreign trade activities involving items for military use — Byulleten normativnykh aktov federalnykh organov ispolnitelnoi vlasti Rossiskoi Federatsii (Bulletin of Regulatory Acts of Federal Executive Bodies of the Russian Federation), No. 37, 10 September 2001;

Order No. 51 of 29 August 2006 of the Federa l Service for Military and Technical Cooperation approving the Regulations on final-user certificates issued by the Federal Service for Military and Technical Cooperation at the request of the competent organs of foreign States;

Order No. 53 of 6 Septembe r 2006 of the Federal Service for Military and Technical Cooperation approving the instruction on applications and licensing for the import (export) of items for military use and the procedure for submitting documents in order to obtain licenses — Byullete n normativnykh aktov federalnykh organov ispolnitelnoi vlasti , Publishing House of Juridical Literature, Executive Office of the President of the Russian Federation, No. 46 of 13 November 2006.

3.3 Transit

The transit of small arms and light weapons is governed by the Regulations on the transit of arms, military equipment and military stores through the territory of the Russian Federation, approved by Government Decision No. 306 of 8 April 2000 — Sobranie zakonodatelstva Rossiskoi Federatsii, 2000, No. 16, page 1702.

Transit may be effected by any means of transport with authorization from the Federal Customs Service in agreement wi th the Russian departments conc erned,

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including the Ministry of Defence, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Federal Security Service (paragraph 2 of the Decision ).

Small arms and light weapons are subject to border and customs control and formalities while in transit through the territory of the Russian Federation (paragraph 3 of the Decision).

Aircraft carrying small arms and light weapons may not cross the territory of the Russian Federation without landing for border and customs formalities (paragraph 4 of the Decision).

4. Law enforcement/criminalization

In accordance with the Co nstitution of the Russian Federation of 12 December 1993, all national laws must be officially published. No regulatory or legal instruments affecting human rights, freedoms and obligations may be applied unless they have been officially published for gene ral information (article 15).

The legal regulations relating to small arms and light weapons involve the need for authorization: all actions not permitted explicitly under legislative acts are prohibited. Depending on the type of violation of the procedure governing trade in small arms and light weapons, Russian legislation provides for administrative, material or criminal liability.

In accordance with the Criminal Code of the Russian Federation of 13 June 1996, the illegal manufacture, storage, acquisition, transfer, transport and bearing of and trade in small arms and light weapons are defined as punishable criminal offences. Criminal penalties are also established for the theft, negligent storage and inadequate protection of small arms and light weapons.

Article 188 provides for punishment for the smuggling of firearms in the form of imprisonment for up to 12 years (amended version of 7 May 2002).

Article 222 provides for punishment for the illegal acquisition, transfer, sale, storage, transport or bea ring of firearms, ammunition, explosive materials and explosive devices in the form of imprisonment for up to eight years ( amended version of 25 June 1998).

Article 223 prov ides for punishment for the illegal manufacture of firearms in the form of imprisonment for up to eight years (revised version of 25 June 1998).

Article 224 provides for punishment for the negligent storage of firearms creating the possibility of their use by another person, if this leads to grave consequences, in the form of imprisonment for up to one year.

Article 225 provides for punishment for dereliction of duty by a person responsible for the protection of firearms , ammunition, explosive substances or explosive devices, if this leads to their theft, destruction or other grave consequences, in the form of imprisonment for up to two years.

Article 226 provides for punishment for the theft or extortion of firearms, spare parts for them, ammunition, explosive substances or explosive devices in the form of imprisonment for up to 15 ye ars.

Article 348 provides for punishment for violation of the rules for the protection o f weapons, ammunition or items of military equipment for official use,

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if, through neg ligence, this leads to their loss, in the form of imprisonment for a period of up to two years (amended version of 25 June 1998).

Article 349 provides for punishment for violation o f the rules for the handling of weapons and ammunition, if, through negligence, this causes the death of a person, in the form of imprisonment for up to five years or, in the event of the death of two or more persons, for a period of up to 10 years.

Measures to identify, prevent, suppress and detect offences involving weapons, including small arms and light weapons, are regulated by Federal Act No. 144 of 12 August 1995 on operational investigative activities (as amended by Acts No. 26 of 20 March 2001, No. 15 of 10 January 2003, No. 86 of 30 June 2003, No. 58 of 29 June 2004 and No. 122 of 22 August 2004 — Sobranie zakonodatelstva Rossiskoi Federatsii , 1995, No. 33, page 3349.

During the investigation of crimes covered by the foregoing articles of the Criminal Code as well as during the voluntary surrender of weapons and cartridges for them, the Russian Ministry of Internal Affairs implements the provisions of ruling No. 5 of the plenum of the Supreme Court of the Russian Federation of 12 March 2002 on judicial practice in cases of theft or extortion of or illicit trafficking in weapons, ammunition, explosive substances and explosive devices, and article 144 of the Russian Code of Criminal Procedure.

National measures for the enforcement of United Nations Security Council arms embargoes

Prohibition of the supply of small arms and light weapons to States in respect of which a Security Council embargo is in effect is imposed immediately by a decree of the President of the Russian Federation. The procedure for such actions is established by Presidential Decree No. 235 of 18 February 1993. In accordance with this procedure, provision of the aforementioned su pplies and services and the relevant licensing of participants in foreign trade activities is halted and the relevant intergovernmental agreements and contracts lapse until the Security Council lifts the sanctions.

5. Stockpile management and security

The circulation of small arms and light weapons is governed by the following regulatory acts:

Federal Act No. 150 of 13 December 1996 on weapons;

Federal Act No. 79 of 29 December 1994 on State material reserves (Sobranie zakonodatelstva Rossiskoi Federa tsii , 1995, No. 1, page 3);

Presidential Decree No. 927 of 19 July 2004 on questions relating to the Ministry of Internal Affairs of the Russian Federation — Sobranie zakonodatelstva Rossiskoi Federatsii , 2004, No. 30, page 3149;

Government Decision No. 1314 of 15 October 1997 confirming the rules governing the circulation of combat firearms and other weapons, ammunition and cartridges for them, and edged weapons in State paramilitary organizations (as amended by Decisions No. 146 of 11 March 2002, No. 51 of 6 February 2004 and No. 648 of 17 November 2004) — Sobranie zakonodatelstva Rossiskoi Federatsii , 1997, No. 42, page 4790;

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Government Decision No. 814 of 21 July 1998 on measures to regulate the circulation of civilian and service weapons and cartridges for them in the territory of the Russian Federation (as amended by Decisions No. 438 of 5 June 2000, No. 146 of 11 March 2002 and No. 51 of 6 February 2004) — Sobranie zakonodatelstva Rossiskoi Federatsii , 1998, No. 32, page 3878;

Government Decision of 4 April 2005 on changes in Government Decisions No. 587 of 14 August 1992 and No. 814 of 21 July 1998;

Government Order No. 1207 of 3 August 1996 confirming the list of civilian and service weapons and ammunition for them included in the State register o f civilian and service weapons — Sobranie zakonodatelstva Rossiskoi Federatsii , 1996, No. 34, page 4014;

Government Order No. 868 of 21 June 2000 on the establishment of a federal automated inventory of civilian, service and combat firearms owned by organizations and citizens — Sobranie zakonodatelstva Rossiskoi Federatsii , 2000, No. 27, page 2855;

Government Order No. 1511 of 23 November 2004 on implementation of the programme to formulate technical regulations for 2004 -2006 — Sobranie zakonodatelstva Rossiskoi Federatsii , 6 December 2004, No. 49, page 4920.

In accordance with the Regulation on the Ministry of Internal Affairs (Presidential Decree No. 927 of 19 July 2004), the organization and implementation of State control over the circulation of weap ons are among the Ministry ’s main responsibilities. The Ministry is responsible for the implementation of national measures to detect and suppres s instances of illicit trafficking in weapons and ammunition, the establishment of channels for their acquisition and transportation, the tracking of such activity through systematic intelligence operations and the organization of cooperation with other la w enforcement structures.

The national legislation and regulatory base for exercising control over the manufacture, storage, transport and use of small arms and light weapons and cartridges for them continued to be enhanced between 2005 and 2006.

In 2006, with a view to the adoption of measures to prevent illicit trafficking in firearms, and in pursuance of the d ecision of the Security Council of the Russian Federation, confirmed by the President of the Russian Federation, the Ministry of Internal Affairs, acting jointly with the Federal Security Service, the Ministry of Defence and the Ministry of Justice and wit h the participation of the Ministry of Industry and Energy, Rostekhnadzor, the Federal Customs Service and the Public Prosecutor’s Office, drafted Interdepartmental Order No. 826/493/424/314/266/ 910/1009/39 of 17 October 2006 confirming the Comprehensive Interdepartmental Plan of measures to combat illicit trafficking in weapons, ammunition and explosive substances for 2006-2010.

In accordance with Government Decision No. 179 of 4 April 2005, the Izhevsk Mechanical Plant, one of the largest Russian manufa cturers of small arms and light weapons under the jurisdiction of Rosprom, is taking steps to strengthen control over the circulation of weapons during the conduct of non-State (private) security and detective work. In particular, the design and operating documentation for such weapons requires that a special coloured marking be applied when they are manufactured and used.

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In January 2006, by virtue of additional forensic requirements of the Ministry of Internal Affairs relating to restrictions on the circulation of civilian and service weapons, standards were introduced specifying the need to distinguish between traces on the cartridge cases of repeating smooth-bore service weapons and traces on the cartridge cases of smooth -bore civilian weapons.

In acco rdance with Government Decision No. 179 of 4 April 2005, the Ministry of Internal Affairs, as part of its monitoring duties, agrees on the colour and placement of the marking on long -barrelled service weapons used in non-State (private) security work and on short -barrelled weapons whose appearance is similar to that of automatic military weapons.

The Ministry of Defence took part in the drafting of the Federal Act on the introduction of changes in article 11 of the Federal Act on weapons, for the purpose of clarifying the types of military firearms owned by State paramilitary organizations that require hot -fire testing.

The certification requirements for civilian and service weapons are being systematized. For this purpose, the Ministry of Internal Affairs has adjusted forensic requirements on the basis of analyses of crimes involving weapons, through:

The establishment of additional restrictions for models with built -in (integrated) silen cers ;

The introduction of new requirements to prevent the conversio n of gas weapons into firearms;

The establishment of the same requirements for barrelless self -defence weapons as for firearms with regard to marking and trace formation;

The determination of para meters for the formation of traces on the cartridge cases of smooth -bore firearms and gas and flare weapons;

Prohibition of the manufacture of items designed to look like weapons, including mock-ups, using altered military firearms and rendering them unfit to be fired.

Auto mated monitoring of the circulation of small arms and light weapons continues to be introduced, including domestic control over organizations dealing directly with weapons circulation. The avenues for automated monitoring include monitoring of the presence and movement of weapons and cartridges for them on the basis of established databanks on the registration, sale, transfer and withdrawal of weapons and on their owners and users.

The Ministry of Internal Affairs has now developed and is successfully operating the Oruzhie automated informatio n-retrieval system, which is needed in order to create the necessary databank and which allows weapons to be accounted for from the time of manufacture until the time of disposal.

As of 1 April 2007, the Ministry of Internal Affairs had in its central dat abank some 98 per cent of all registered weapons.

The long -term objective of expanding the operational capacities of the automated information-retrieval system is to establish an integrated information system for the Ministry of Internal Affairs, enabling the Oruzhie automated

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information -retrieval system to interface with the database on stolen and lost weapons and integrated databases at the federal and regional levels .

The Ministry of Internal Affairs provides information to the Ministries and departments concerned on violations that have been detected with regard to trade in weapons and explosive substances and prepares joint instructions on ways and means of combating illicit trafficking in weapons, ammunition and explosive substances as one of the priorities in efforts to combat organized crime.

The main sources of weapons illegally traffic ked are: organized criminal groups that steal weapons from depots and from firms manufacturing and selling weapons and that buy up weapons from the population in zones of armed conflict. Another source of illegally trafficked weapons is smuggling into and out of the country.

In 2004, the Russian Government adopted a programme for 2005 to 2010 developed specifically by the Ministry of Defence for restructuring stockpiles of missiles, ammunition and explosive substances and making their storage and operating systems safe from explosions and fire , which will upgrade them b y improving logistics . Specific measures have now been developed and implemented to put this programme into practice. The cost of implementing it until 2010 will amount to 27.8 billion rubles.

In addition, it has been suggested that the programme should be extended and the necessary funding provided for the inclusion of measures to protect weapons storage facilities from terrorist attacks (initially, creation of additional storage space fully meeting requirements for ensuring the security of small arms and short -range devices).

A Service for Oversight of Weapons Circulation has been created in the Min istry of Defence. Such subdivisions have been set up and are functioning in all branches of the Armed Forces, in military districts and naval fleets. These subdivisions are responsible for questions relating to the inspection of the Armed Forces with a vie w to monitoring the circulation of weapons, developing a regulatory framework and monitoring compliance, and compiling an inventory of small arms and light weapons in military units.

The Ministry of Internal Affairs and other authorized bodies systematica lly verify compliance with the rules on registration and storage of firearms at enterprises. Ensurin g adequate security for small a rms and light weapons and ammunition in the Russian Federation is a major obligation of the officials concerned. These officials are required to possess exact information at all times on the existence and condition of small arms and light weapons, to follow a strict procedure for organizing their protection, registration, storage, delivery and use that precludes loss and theft, to verify the condition of storage sites regularly, and to take immediate steps to eliminate any violations discovered . The officials are appointed on the basis of the findings of a board of certification.

Small arms and light weapons and ammunition are stored in separate locations, equipped with alarm systems, under continuous physical protection. Technical means of protection ensure the reliable operation of alarm systems in the event of any unauthorized opening of the storage sites of small arms and lig ht weapons or damage to wiring (there is no device for forcibly shutting down the alarm). A

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weapons chamber may be opened only with the permission of the subdivision commander, and the duty officer of the unit must be duly informed.

Officials who have not taken the necessary steps to ensure the security of small arms and light weapons and ammunition for them, and also persons who have stolen or lost such weapons, are subject to criminal prosecution in accordance with established procedure. The competent b odies institute criminal proceedings and organize inquiries. In units and subdivisions , there is provision for recording the serial numbers of stolen (lost) and missing weapons in a separate ledger.

The above -mentioned elements of the procedure for managing stockpiles of small arms and light weapons and ensuring their security, adopted in the Russian armed forces, are standard for all State paramilitary organizations.

Sites for the storage of weapons, ammunition and explosive substances within the Ministry of Internal Affairs system are protected by round -the -clock armed shifts in accordance with established procedure.

All weapons storage sites within the Ministry of Internal Affairs system are now equipped with technical alarm systems that preclude unauth orized access. Special funding is allocated on an annual basis to modernize and replace technical alarm systems.

6. Collection and disposal

6.1 Collection

Following department al instructions, checks are regularly conducted in the Russian Federation to identify stocks of small arms and light weapons that are surplus to the needs of the Armed Forces and State paramilitary organizations. Such surpluses are taken out of service and placed in secure storage. Subsequently, they may be exported in accordance with the law or destroyed.

Active efforts are being made to locate lost and stolen small arms and light weapons. As at 1 April 2007, more than 33,000 confiscated foreign -made firearms had been recorded by the Ministry of Internal Affairs, including some 13,000 rifled weapons.

6.2 Disposal

Illegal small arms and light weapons withdrawn (confiscated or collected) by the internal affairs agencies are generally destroyed to the extent allowed by the relevant criminal cases, regardless of their technical usability.

The destruction of small arms and light weapons is carried out in accordance with departmental regulatory instruments .

The method for recycling small arms and light weapons used in the Russian Federation — conversion into scrap metal — fully precludes their subsequent reassembly or reuse. They are converted into scrap metal by being heated in a furnace (oven) and then completely reshaped into metallic strips under a press (hammer). If necessary, they are broken into pieces before heating . Th is method of destroying small arms and light weapons ha s proved to be a reliable means of permanently recycling these weapons.

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Over 100,000 obsolete surplus firearms manufactured in 1960 -1970 are currently being stored at bases (warehouses) of the Ministry of the Interior.

In connection with the forthcoming reorganization of the Unified Groups of Troops for the counter-terrorist operations to be conducted in the territory of the Northern Caucasus region, which will involve the phased withdrawal in 2007 -2008 of subdivisions of the internal troops of the Ministry of Internal Affairs temporarily deployed in the Chechen Republic, a significant number of obsolete models of small arms and light weapons and ammunition will be given up and will require industrial re cycling. In this connection, it is proposed to include the Ministry of Internal Affairs in the list of executive bodies participating in the 2005-2010 special federal programme on industrial recycling of weapons and military equipment and it is planned to include 11 billion rubles for weapons disposal in the budget of that Ministry for 2008-2010.

7. Export controls (details on the regulations governing exports of small arms and light weapons are given in section 3.2)

The authorization procedures for foreign trade activities in respect of items for military use constitute one of the most effective means of preventing small arms and light weapons from entering illicit circulation .

The Federal Service for Military and Technical Cooperation coo rdinates and monitors the foreign trade activities of Russian entities involved in military and technical cooperation.

Federal Act No. 114 of 19 July 1998 on military and technical cooperation between the Russian Federation and foreign States (article 4) provides for a State monopoly in the area of military and technical cooperation, which ensures that exclusive authority is exercised by the Russian State authorities .

The President formulates and endorses two lists for foreign trade activities related to items for military use, which may be amended where necessary:

List No. 1 includes items for military use that may be transferred to foreign clients. Items not on the list may be exported only on the basis of a presidential decision.

List No. 2 includes the States to which the items for military use on List No. 1 may be transferred. The transfer of specific types of items for military use to individual States on List No. 2 may be restricted on the basis of a presidential decision. Items may be exported to States not on List No. 2 only on the basis of a presidential decision. List No. 2 is drawn up by the Ministry of Foreign Affairs.

In cases not requiring a decision by the President, the transfer of items for military use requires a decision of the Federal Service for Military and Technical Cooperation and, where necessary, a decision of the Government at the request of the Service.

In decisions on the transfer of small arms and light weapons, a variety of political, economic and military factors are taken into account , as well as some other factors such as: the international legal status of the receiving State or organization for which the contract for the supply of small arms and light weapons has been concluded; the domestic situation in the receiving country and in the region as a whole with regard to the existence of tension or armed conflict (the transfer must

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not lead to the destabilizing stockpiling or use of weapons); whether the receiving country respects international law and other obligations on the non -use o f force; and whether human rights are respected in the receiving country.

The Ministry of Foreign Affairs is the leading federal body in the area of relations with foreign Governments and international organizations and carries out overall monitoring of the implementation of the Russian Federation’s international obligations. The Ministry coordinates the activities of other federal executive bodies in this area (Presidential Decree No. 375 of 12 March 1996, paragraph 1).

In accordance with the Regulation on the procedure for military and technical cooperation between the Russian Federation and foreign States, approved by Presidential Decree No. 1062 of 10 September 2005 (hereinafter referred to as “Decree No. 1062”):

The export of small arms and light wea pons in the context of military and technical cooperation requires a decision of the President of the Russian Federation, of the Government of the Russian Federation and/or of the Federal Service for Military and Technical Cooperation and is carried out on the basis of licences issued by the Federal Service for Military and Technical Cooperation, following the procedure established by the President of the Russian Federation (Decree No. 1062, paragraph 2);

Decisions to allow the export of small arms and light weapons require a duly legalized document containing an undertaking by the competent body of the foreign State that the small arms and light weapons being exported from the Russian Federation will be used only for the stated purposes and will not be re -exported or transferred to third countries without the consent of the Russian Federation (hereinafter referred to as “end -user certificate” (Decree No. 1062, paragraph 7);

Compliance by the competent bodies of foreign States with the obligations concerning specified use of small arms and light weapons delivered from the Russian Federation is monitored in accordance with the international agreements of the Russian Federation in the manner determined by the Government of the Russian Federation (Decree No. 1062, paragraph 12, and decision No. 604 of 6 October 2006 of the Government of the Russian Federation);

Decisions to allow the re -export or transfer to third countries of small arms and light weapons delivered to foreign clients and the transfer to third countries of small arms and light weapons manufactured under Russian licence are taken by the President of the Russian Federation, by the Government of the Russian Federation or by the Federal Service for Military and Technical Cooperation (Decree No. 1062, paragraph 13);

Contracts concluded by entities involved in military and technical cooperation must include the obligation for foreign clients to use the small arms and light weapons only for the stated purposes and not to allow their re -export or transfe r to third countries without the consent of the Russian Federation (Decree No. 1062, paragraph 20).

In accordance with the Regulation on the procedure for granting Russian organizations the right to engage in foreign trade in items for military use, approved by Decree No. 1062:

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Organizations engaging in foreign trade activities involving small arms and light weapons (see section 8, “Brokering”, for details on which organizations in the Russian Federation are authorized to engage in such activities) are required to take measures to prohibit small arms and light weapons delivered to foreign clients from being re -exported or transferred to third countries without the permission of the Russian Federation. Any such cases discovered must be reported immediately to the Federal Service for Military and Technical Cooperation (Decree No. 1062, paragraph 12).

When engaging in foreign trade activities involving small arms and light weapons, Russian legal and natural persons are prohibited from engaging in any form of brokering, with the exception of State brokering activities carried out by the State intermediary (Decree No. 1062, paragraph 13).

In accordance with the Regulation on the procedure for the licensing in the Russian Federation of the import and export of items for military use, approved by Decree No. 1062:

Licences to export small arms and light weapons are issued by the Federal Service for Military and Technical Cooperation on the basis of a decision taken in accordance with established procedure by the President of the Russian Federation, the Government of the Russian Federation and/or the Federal Service for Military and Technical Cooperation;

Licences are issued only to the State intermediary, a specialized federal State enterprise established by decision of the President of the Russian Federation, and to organizations that develop and manufacture small arms and light weapons which have obtained the right to engage in foreign trade activities involving small arms and light weapons in accordance with es tablished procedure (Decree No. 1062, paragraph 4) (see section 8, “Brokering”, for details on which organizations in the Russian Federation are authorized to engage in such activities);

Licences issued in accordance with the above -mentioned Regulation are a prerequisite for the completion of customs formalities and customs control in respect of small arms and light weapons and are subject to registration by customs (Decree No. 1062, paragraph 16).

Entities party to foreign trade contracts for the supply of small arms and light weapons are selected by Rosprom exclusively from among those organizations directly involved in the development and/or manufacturing of items for military use and possessing the relevant licence issued in accordance with established procedure.

Rosprom has created an integrated database on organizations developing and manufacturing items for military use that are a party to foreign trade contracts and organizations are obliged to keep statistics on deliveries of items for military use to be exported.

8. Brokering

In accordance with the regulations on the procedure for granting Russian organizations the right to engage in foreign trade in items for military use, which were approved by Presidential Decree No. 1062 of 10 September 2005, foreign trade in small arms and light weapons is carried out by the State intermediary — a specialized federal State enterprise established by decision of the Russian President

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(currently Rosoboroneksport) — and small arms and light weapons developers and manufacturers which have obtained this right in accordance with established procedure. In order to obtain this right, small arms and light weapons developers and manufacturers must have a license from Rosprom to develop and/or manufacture items for military use.

In accordance with Presidential Decree No. 54 of 18 January 2007 on military and technical cooperation between the Russian Federation and foreign States, foreign trade in items for military use is carried out only by the federal State unitary enterprise Rosoboroneksport. Weapons and military hardware developers and manufacturers which had been granted the right to engage in foreign trade in items for military use before the entry into force of this Presidential Decree may fulfil their obligations to foreign clients under contracts previously entered into but may not conclude new contracts.

Russian natural persons and organizations are prohibited from carrying out brokerage activities with regard to small arms and light weapons unless they have obtained the right to do so in accordance with established procedure (article 6 of the Federal Act on military and technical cooperation between the Russian Federation and foreign States).

9. Marking, record-keeping and tracing

9.1 Marking of small arms and light weapons

A unique system of marking small arms and light weapons is used in the Russian Federation. Although it was developed and introduced some time ago, it fulfils all the recommendations in the Programme of Action and makes it possible to identify any small arm or light weapon from the time it is manufactured until it is recycled. The need to apply a marking on each small arm or light weapon is laid down in the Federal Act on weapons (article 16) and in departmental regulatory documents approved even before the adoption of the Programme of Action.

Every small arm and light weapon carries a marking which includes an identification mark of the manufacturer, an individual number for the weapon assigned according to the manufacturer’s system and the date of manufacture. The number is imprinted (no less than 0.2 millimetres deep) and, if removed mechanically, can be easily restored through forensic examination.

In the same way, the hammer and trigger assembly, the piston, breach lock, stock, gas cylinder and safety catch are also marked with the last three digits of the product number. Where necessary, an electrographic marking is also placed on the minor weapon parts.

The marking may not have a manufacturer’s identification mark if the type of weapon in question is manufactured by only one company.

The marking of service and civilian weapons meets the requirements of the Permanent International Commission for the Proof of Small Arms established pursuant to the Brussels Convention for the recip rocal recognition of proof marks on small arms of 1 July 1969, to which the Russian Federation has been a party since November 1994.

The marking of both rifled and smooth -bore service and civilian weapons contains information on the country of manufacture (“made in the Russian

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Federation”), the trademark of the manufacturer, the identification mark of the weapon model, the year of manufacture or the last two digits of the year of manufacture and the individual number of the weapon. In addition, on rifled weapons there is an indication of the type of cartridge used (“calibre and length of casing: 7.62 x 39 mm, 7.62 x 51 mm”, etc.), and on smooth -bore weapons there is an indication of the calibre of the cartridge used and the length of the barrel chamber, the nominal bore diameter, the size of a tapered muzzle or presence of an enlarged bore and the permissible maximum pressure level of explosive gas.

The Russian Institute of Precise Mechanical Engineering has now developed a firearms marking system in which the surface of the cartridge chamber is microscopically embossed with a symbol containing coded information on the registration number of the weapon. When the weapon is fired, this information is transmitted to the casing in the form of a trace impression, which allows the weapon to be identified from the discharged casing; this can even be done immediately at the scene of a crime.

The Russian Ministry of Internal Affairs has taken up the question of additional marking of weapons issued. An encrypted marki ng system for gas weapons was introduced at the Izhevsk Mechanical Plant in 2003. The methods and means used to apply the encrypted marking make it practically impossible to destroy the marks on the weapon. The possibility of introducing the encrypted mark ing system in the Russian Federation for military service and civilian weapons is now being explored.

In the Russian Federation, the Armed Forces and State paramilitary organizations use only domestically produced small arms and light weapons, so that the problem of marking imported weapons of that type does not exist.

The manufacture of unmarked weapons in the Russian Federation is prohibited and is prosecuted in accordance with the procedure established by national legislation. In this connection, the t rading in and storage of unmarked small arms and light weapons in the territory of the Russian Federation is also prohibited. Such weapons are termed illegal and are destroyed or properly marked.

9.2 Record-keeping and tracing

In order to keep comprehensive and accurate records of small arms and light weapons in the Russian Federation, manufacturing enterprises maintain centralized records and control. Each month, such weapons are counted individually. In addition, a commission appointed by the enterprise director conducts an annual check of the presence and storage conditions of small arms and light weapons. The registration and safe storage of finished products is regulated by the instructions on the procedure for receiving, registering and storing fin ished products and admitting persons to warehouses. Information on small arms and light weapons is retained at manufacturing enterprises for 10 years and in the organizations that use them for an indefinite period.

Provision is made for the Armed Forces, internal affairs agencies, units of the interior ministry forces and State paramilitary organizations to keep special documentation recording each issuance of weapons and ammunition. Small arms and light weapons are recorded in a special register which ind icates their movement and presence in warehouses and in each unit. In addition, number-based records of

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small arms and light weapons are kept for units (leaders). Records are kept of ammunition for small arms and light weapons on the basis of classificatio n by type, calibre, bullet effect, factory number and year of manufacture. Small arms and light weapons assigned to leaders are registered on their service record sheets (identity cards) with an indication of the model, series, weapon number and issue date . The storage of unassigned weapons is categorically prohibited.

The Ministry of Defence has completed all work on introducing number-based records and establishing an automated system of number -based records for small arms (AS No. “Zona -N”). In order to tighten control over record -keeping, storage and use, there are number-based records for 100 per cent of all man -portable air defence and anti-tank missile systems.

In order to upgrade the record -keeping system for small arms and light weapons, the Ministry of Defence has organized the prompt filing of documents concerning trade in small arms and light weapons, man -portable air defence systems and their components, anti-tank missile systems and their missiles, ammunition, explosive substances and explosive devices.

In the interests of the law enforcement agencies, the State paramilitary organizations of the Russian Federation and the law enforcement agencies of the members of the Commonwealth of Independent States (CIS), the Ministry of Internal Affairs is organizing and conducting centralized registration of missing (stolen or lost) and recovered (confiscated, found or voluntarily surrendered) firearms. This registration will be carried out with the help of the Oruzhie automated information -retrieval syste m. A database for lost and recovered small arms and light weapons has been created and is updated daily. Enquiries concerning weapons verification are processed on a 24-hour basis.

The Ministry of Defence and other State organizations that hold small arms and light weapons inform the Ministry of Internal Affairs of instances of theft, loss and deterioration of such weapons. Information on lost weapons is collated annually with all State paramilitary organizations.

The Russian Ministry of Internal Affairs registers control bullets and casings of service and civilian weapons for the purpose of tracing small arms and light weapons, establishing facts about their use in the commission of crimes, determining the type, model and calibre of weapon used from bulle ts and casings found at the scene of the crime, and determining the particular weapon used and its owner.

10. Disarmament, demobilization and reintegration

In the Russian Federation, disarmament, demobilization and reintegration programmes have been fo rmulated and are being carried out; they include the collection, control, storage and destruction of small arms and light weapons.

The system for working with recovered weapons in the northern Caucasus is specified in an interdepartmental order of the Min istries of Internal Affairs, Defence, Justice and Emergency Situations and the Federal Security Service on the procedure for the recording, documenting, identification, transfer and storage of weapons, cartridges, ammunition and explosives confiscated, found or voluntarily surrendered during counter-terrorist operations conducted in the territory of the northern Caucasus region of the Russian Federation.

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There are programmes for buying back small arms and light weapons from the public and for the voluntary surrender of weapons.

The public is regularly informed through the media about progress in the implementation of these programmes. In the interests of security and maintenance of law and order, there is no public destruction of small arms and light weapons.

The Ministry of Internal Affairs has taken steps to organize the voluntary surrender of illegally owned weapons by citizens.

In order to implement disarmament programmes, particularly in post-conflict situations, the Criminal Code of the Russian Fede ration waives criminal responsibility for the illegal acquisition, transfer, sale, storage, transportation or bearing of small arms and light weapons in the case of persons who have voluntarily surrendered weapons, provided that they have not carried out any other actions which could give grounds for prosecution (note to article 222, introduced by Federal Act No. 162 of 8 December 2003 (Sobranie zakonodatelstva Rossiiskoy Federatsii , 2003, No. 50, page 4848)).

During the campaign for the voluntary surrende r of weapons, ammunition, explosive substances, explosive devices and their parts and components, conducted in 47 regions of the Russian Federation over the past 11 years (since 1995), more than 400,000 firearms alone have been voluntarily surrendered, and some 4.5 billion rubles has been paid out in compensation.

In order to monitor trade in close combat weapons and devices, there are plans to transfer those which are no longer serviceable from districts and military training institutes of the Ministry of Internal Affairs and internal affairs agencies to storage facilities of the Ministry for future disposal at industrial plants.

11. Awareness-raising

As they are adopted, Russian national laws, regulations and procedures governing small arms and light weapons are announced and published in the media and are available to the public. This also applies to information on confiscated and destroyed small arms and light weapons, which is provided by the Ministry of Internal Affairs and the Ministry of Defence . However, detailed data on illegal trade routes for small arms and light weapons are not widely publicized in view of the need to maintain confidentiality in combating this criminal phenomenon. The activities of law enforcement agencies, including control of the illicit trade in small arms and light weapons, are covered by the relevant press services.

12. Results of efforts to combat the illicit trade in weapons

In 2006, 27,045 firearms (including 5,591 rifled, 18,198 smooth -bore and 2,579 gas weapons), 7 tons of explosives and about 1 million cartridges were removed from illicit circulation.

The number of crimes related to firearm use has declined by 11.6 per cent since 2005.

The number of civilian and award weapon owners increased by 11.5 per cent; 4.5 million citizens currently possess weapons and 5.53 million civilian and award weapons are in use.

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When verifying the observance of conditions for the storage and safety of weapons, internal affairs agencies detected 468,000 violations in 2006, issued 178,000 written directives, filed more than 327,000 reports concerning administrative offences and prosecuted more than 11,000 persons for criminal offences.

Among the crimes related to the illegal trade in small arms and light weapons, the illegal acquisition, transfer, sale, storage, transport or carrying of weapons accounted for 78 per cent (23,253), illegal manufacture 14 per cent (4,336) and theft 7 per cent (2,234). A total of 30,055 crimes related to the illegal trade in firearms were registered.

Efforts by law enforcement agencies in 2006 succeeded in reducing the number of crimes committed with firearms, explosive substances or explosive devices by 16.6 per cent. The detection of weapon smuggling cases increased by 2.9 per cent.

Among the detected weapons, 7.4 per cent, or 2,005 weapons, were of foreign make. They included 440 rifled weapons, 425 hunting rifles and 1,130 gas weapons.

Most of the rifled weapons detected were manufactured in the following countries: Belgium (Browning); Germany (Walther, Sauer); Poland (TT model); China (TT model); Italy (Beretta, Benelli); and the Czech Republic (Ceská Zbrojovka). They were mostly pistols manufactured before 1940. A negligible number were produced between 1950 and 1996.

In 2006, 60 regional opera tions entitled “Arsenal” were conducted, which resulted in the confiscation of 781 firearms and 75,473 cartridges.

Between 2001 and 2006, the number of stolen and undetected firearms (or firearms still illicitly trafficked) in the Russian armed forces decreased by a factor of 20 (from 346 to 16 firearms).

B. Regional level

1. Moratorium and regional programmes of action

When exporting small arms and light weapons, the Russian Federation takes full account of the existing regional initiatives in th is area.

2. Regional cooperation

The Russian Federation cooperates closely with participating States of the Organization for Security and Cooperation in Europe (OSCE) in formulating effective measures to reduce and eliminate the illicit proliferation o f small arms and light weapons.

In accordance with the OSCE Document on Small Arms and Light Weapons, the Russian Federation submits information annually to the OSCE secretariat no later than 30 June on its exports of small arms and light weapons to OSCE States and imports from these States during the previous calendar year and, in addition, separate information on small arms and light weapons which have been removed from illicit circulation or destroyed in its territory.

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At the same time, the Russian Federation exchanges information with other OSCE States on its national marking systems for small arms and light weapons and national techniques and procedures for their destruction, stockpile management and protection.

C. International level

1. International cooperation and international assistance

The Russian Federation provides information annually on its exports and imports of man -portable air defence systems for the United Nations Register of Conventional Arms.

In accordance with the Wassenaar A rrangement, the Russian Federation provides to the Wassenaar secretariat twice a year data on deliveries of small arms and light weapons to States which are not a party to the Arrangement.

The Russian Federation cooperates closely with the United Nations system to ensure the effective implementation of arms embargoes imposed by the United Nations Security Council. Deliveries of small arms and light weapons are made to foreign States in strict compliance with the Russian Federation’s international obligations and with the purposes and principles laid down in the Charter of the United Nations.

The Russian Federation cooperates with the United Nations in the search for practical ways of resolving problems relating to the illicit proliferation of small arms and light weapons.

In June and July 2006, a Russian delegation took part in the United Nations Conference to Review Progress Made in the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, including in the thematic exchange of views with other Member States on ways and means of combating illicit trafficking in small arms and light weapons and benchmarks for international cooperation in this area.

The Russian delegation took a constructive stance and proposed a range of specific measures to prevent the diversion of weapons from legal trade to illicit trafficking. Among them is a requirement that no small arms and light weapons may be produced without a license or aft er a license has expired. The statement made by the renowned weapons designer M. T. Kalashnikov on this issue, which was distributed by the Russian delegation as an official Conference document, received much attention from the participants

The Russian Federation cooperates with the International Criminal Police Organization (Interpol) through its National Central Bureau to identify groups and persons involved in illicit trafficking in small arms and light weapons. Effective information -sharing on crimes involving the use of foreign -made firearms and the transnational smuggling of such firearms has been set up with the member countries of Interpol.

The Interpol National Central Bureau under the Russian Ministry of Internal Affairs receives, processes and transmits requests, investigation instructions and communications from law enforcement agencies dealing with the arms trade to the

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Interpol General Secretariat and appropriate national bureaux of foreign Governments.

In addition to the centralized regis tration systems of the Oruzhie automated information -retrieval system, the Interpol National Central Bureau under the Ministry of Internal Affairs has a database on weapons inventories covering appropriate sources of information, as well as access to verif ication of foreign -made firearms through the Interpol Weapons Electronic Tracing System and to the databases of law enforcement agencies in the relevant countries.