Resolução da Assembleia da República n.º 104/2011, de 06 de Maio de 2011
ASSEMBLEIA DA REPÚBLICA Resolução da Assembleia da República n.º 104/2011 Aprova o Protocolo contra o Fabrico e o Tráfico Ilícito de Armas de Fogo, Suas Partes, Componentes e Munições, Adicional à Convenção das Nações Unidas contra a Criminalidade Organizada Transnacional, adoptado em Nova Iorque em 31 de Maio de 2001. A Assembleia da República resolve, nos termos da alí- nea
i) do artigo 161.º e do n.º 5 do artigo 166.º da Cons- tituição, o seguinte: Artigo 1.º Aprovar o Protocolo contra o Fabrico e o Tráfico Ilícito de Armas de Fogo, Suas Partes, Componentes e Munições, Adicional à Convenção das Nações Unidas contra a Cri- minalidade Organizada Transnacional, adoptado em Nova Iorque em 31 de Maio de 2001, cuja versão autenticada, em língua inglesa e respectiva tradução para a língua por- tuguesa, se publica em anexo.
Artigo 2.º Para efeitos do disposto no n.º 2 do artigo 13.º do Pro- tocolo contra o Fabrico e o Tráfico Ilícito de Armas de Fogo, Suas Partes, Componentes e Munições, Portugal designa como organismo nacional encarregue de assegurar a ligação com os Estados Partes a Polícia de Segurança Pública.
Aprovada em 18 de Fevereiro de 2011. O Presidente da Assembleia da República, Jaime Gama.
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. Preamble The States Parties to this Protocol: Aware of the urgent need to prevent, combat and eradi- cate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, owing to the harmful effects of those activities on the security of each State, region and the world as a whole, endangering the well-being of peoples, their social and economic develop- ment and their right to live in peace; Convinced, therefore, of the necessity for all States to take all appropriate measures to this end, including inter- national cooperation and other measures at the regional and global levels; Recalling General Assembly resolution 53/111 of 9 De- cember 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument combating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition; Bearing in mind the principle of equal rights and self- determination of peoples, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations; Convinced that supplementing the United Nations Con- vention against Transnational Organized Crime with an international instrument against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition will be useful in preventing and combating those crimes; have agreed as follows: I — General provisions Article 1 Relation with the United Nations Convention against Transnational Organized Crime 1 — This Protocol supplements the United Nations Con- vention against Transnational Organized Crime.
It shall be interpreted together with the Convention. 2 — The provisions of the Convention shall apply, mu- tatis mutandis, to this Protocol unless otherwise provided herein. 3 — The offences established in accordance with arti- cle 5 of this Protocol shall be regarded as offences esta- blished in accordance with the Convention.
Article 2 Statement of purpose The purpose of this Protocol is to promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.
Article 3 Use of terms For the purposes of this Protocol:
a) «Firearm» shall mean any portable barrelled weapon that expels, is designed to expel or may be readily conver- ted to expel a shot, bullet or projectile by the action of an explosive, excluding antique firearms or their replicas.
An- tique firearms and their replicas shall be defined in accor- dance with domestic law.
In no case, however, shall antique firearms include firearms manufactured after 1899;
b) «Parts and components» shall mean any element or replacement element specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm;
c) «Ammunition» shall mean the complete round or its components, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a firearm, provided that those components are themselves subject to authorization in the respective State Party;
d) «Illicit manufacturing» shall mean the manufacturing or assembly of firearms, their parts and components or ammunition:
i) From parts and components illicitly trafficked; ii) Without a licence or authorization from a competent authority of the State Party where the manufacture or as- sembly takes place; or iii) Without marking the firearms at the time of manu- facture, in accordance with article 8 of this Protocol; Licensing or authorization of the manufacture of parts and components shall be in accordance with domestic law;
e) «Illicit trafficking» shall mean the import, export, acquisition, sale, delivery, movement or transfer of fire- arms, their parts and components and ammunition from or across the territory of one State Party to that of another State Party if any one of the States Parties concerned does not authorize it in accordance with the terms of this Pro- tocol or if the firearms are not marked in accordance with article 8 of this Protocol;
f) «Tracing» shall mean the systematic tracking of fire- arms and, where possible, their parts and components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of States Parties in detecting, investigating and analysing illicit ma- nufacturing and illicit trafficking.
Article 4 Scope of application 1 — This Protocol shall apply, except as otherwise stated herein, to the prevention of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and to the investigation and prosecution of offences established in accordance with article 5 of this Protocol where those offences are transnational in nature and involve an organized criminal group. 2 — This Protocol shall not apply to state-to-state trans- actions or to state transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
Article 5 Criminalization 1 — Each State Party shall adopt such legislative and other measures as may be necessary to establish as cri- minal offences the following conduct, when committed intentionally:
a) Illicit manufacturing of firearms, their parts and com- ponents and ammunition;
b) Illicit trafficking in firearms, their parts and compo- nents and ammunition;
c) Falsifying or illicitly obliterating, removing or alter- ing the marking(s) on firearms required by article 8 of this Protocol. 2 — Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences the following conduct:
a) Subject to the basic concepts of its legal system, attempting to commit or participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and
b) Organizing, directing, aiding, abetting, facilitating or counselling the commission of an offence established in accordance with paragraph 1 of this article.
Article 6 Confiscation, seizure and disposal 1 — Without prejudice to article 12 of the Convention, States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of firearms, their parts and components and ammunition that have been illicitly manufactured or trafficked. 2 — States Parties shall adopt, within their domestic legal systems, such measures as may be necessary to pre- vent illicitly manufactured and trafficked firearms, parts and components and ammunition from falling into the hands of unauthorized persons by seizing and destroying such firearms, their parts and components and ammunition unless other disposal has been officially authorized, provi- ded that the firearms have been marked and the methods of disposal of those firearms and ammunition have been recorded.
II — Prevention Article 7 Record-keeping Each State Party shall ensure the maintenance, for not less than ten years, of information in relation to firearms and, where appropriate and feasible, their parts and compo- nents and ammunition that is necessary to trace and identify those firearms and, where appropriate and feasible, their parts and components and ammunition which are illicitly manufactured or trafficked and to prevent and detect such activities.
Such information shall include:
a) The appropriate markings required by article 8 of this Protocol;
b) In cases involving international transactions in fi- rearms, their parts and components and ammunition, the issuance and expiration dates of the appropriate licences or authorizations, the country of export, the country of im- port, the transit countries, where appropriate, and the final recipient and the description and quantity of the articles.
Article 8 Marking of firearms 1 — For the purpose of identifying and tracing each firearm, States Parties shall:
a) At the time of manufacture of each firearm, either require unique marking providing the name of the...
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