The Firearms Protocol

The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition (Firearms Protocol) is the only legally binding instrument to counter the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition at the global level. It was adopted by resolution 55/255 of 31 May 2001 at the fifty-fifth session of the General Assembly of the United Nations and it entered into force on 3 July 2005. The Firearms Protocol supplements the United Nations Convention against Transnational Organized Crime (Organized Crime Convention) and together with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, represents the commitment of the international community to counter transnational organized crime.

The Firearms Protocol provides for a framework for States to control and regulate licit arms and arms flows, prevent their diversion into the illegal circuit, facilitate the investigation and prosecution of related offences without hampering legitimate transfers.

The Firearms Protocol aims at promoting and strengthening international cooperation and developing cohesive mechanisms to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (firearms). By ratifying or acceding to the Firearms Protocol, States make a commitment to adopt and implement a series of crime-control measures that aim at:

(a) establishing as criminal offence the illicit manufacturing of and trafficking in firearms in line with the Protocol's requirements and definitions; (b) adopting effective control and security measures, including the disposal of firearms, in order to prevent their theft and diversion into the illicit circuit (c) establishing a system of government authorizations or licensing intending to ensure legitimate manufacturing of, and trafficking in, firearms; (d) ensuring adequate marking, recording and tracing of firearms and effective international cooperation for this purpose.

Key Provisions

While the Organized Crime Convention provides for basic measures to prevent and combat transnational organized crime, its Protocols provide for specific measures to deal with specific crimes. As such, the Protocols should be interpreted together with the Organized Crime Convention. Parties to the Firearms Protocol undertake to adopt, and implement the strongest possible legislation consistent with their national legal system, to prevent, investigate and prosecute the offences stemming from the illicit manufacturing of and trafficking in firearms. Specific measures include the confiscation, seizure and destruction of firearms illicitly manufactured or trafficked; the maintenance of records for at least 10 years in order to identify and trace firearms; the issuance of licences for the import and export of firearms and transit authorization prior to their actual transfers; and the marking of firearms permitting identification of the manufacturer of the firearm, and the country of and year of import.

Parties undertake to cooperate extensively at the bilateral, regional and international levels in order to achieve the Firearms Protocol's objectives including providing training and technical assistance to other Parties. Finally, Parties undertake to exchange relevant case-specific information on matters such as authorized producers, dealers, importers, exporters and carriers of firearms as well as information on organized criminal groups known to take part in the illicit manufacture and trafficking of such items.

Governmental Process

Pursuant to article 32 of the United Nations Convention against Transnational Organized Crime, a Conference of the Parties to the United Nations Convention against Transnational Organized Crime (COP) was established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention and its Protocols. The COP meets every two years.

Relevant Background reports and papers submitted to the COP and relevant COP resolutions:

3^rd Session of the COP

Implementation of the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition: figures reflecting responses received from States for the first and second reporting cycles - Note by the Secretariat

Implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime - Analytical report of the Secretariat

4thSession of the COP

Note by the Secretariat on the marking of firearms, the keeping of records on firearms, trafficking in firearms, their parts and components and ammunition and the identification of competent authorities

Working paper prepared by the Secretariat on proposals for technical assistance activities designed to meet the needs identified in the priority areas determined by the Conference of the Parties to the United Nations Convention against Transnational Organized Crime

5th Session of the COP

Activities of the United Nations Office on Drugs and Crime to promote and support the implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime

Technical assistance requested for the implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto

Resolution 5/4 contained in the Report of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime on its fifth session, held in Vienna from 18 to 22 October 2010

6th Session of the COP

Activities of the Working Group on Firearms: report submitted by the Chair of the Working Group

Note by the Secretariat on the work of the United Nations Office on Drugs and Crime on conducting a study of the transnational nature and routes used in trafficking in firearms

Resolution 6/2 contained in the Report of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime on its sixth session, held in Vienna from 15 to 19 October 2012

7th Session of the COP

Activities of the Working Group on Firearms: report submitted by the Chair of the Working Group

Resolution 7/2 contained in the Report of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime on its seventh session, held in Vienna from 6 to 10 October 2014

8th Session of the COP

Report on the meetings of the Working Group on Firearms held in Vienna on 9 June 2015 and on 18 and 19 May 2016

Resolution 8/3 contained in the Report of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime on its eighth session, held in Vienna from 17 to 21 October 2016

9th Session of the COP

Reports on the meetings of the Working Group on International Cooperation and the Working Group of Government Experts on Technical Assistance held in Vienna from 9 to 13 October 2017 and from 28 to 31 May 2018

Resolution 9/2 contained in the Report of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime on its ninth session, held in Vienna from 15 to 19 October 2018

Working Group

An open-ended intergovernmental Working Group on Firearms was established pursuant to resolution 5/4 of the COP at its fifth session, to advise and assist the COP in the implementation of its mandate with regard to the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (Firearms Protocol). In particular, the Working Group should facilitate the implementation of the Firearms Protocol through the exchange of experience and practices among experts and practitioners, including identifying successful practices, weaknesses, gaps and challenges, as well as priorities and relevant topics, in the fight against trafficking in firearms. The Working Group was also tasked to make recommendations to the Conference on how States parties can better implement the provisions of the Firearms Protocol, on the activities that the Secretariat should perform, and on the development of technical assistance tools relating to the implementation of the Firearms Protocol.

1st Session of the WGFA

Activities of the United Nations Office on Drugs and Crime to promote and support the ratification and implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime

Good practices, gaps and challenges in countering the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, and measures to facilitate the implementation of the Firearms Protocol

Report on the meeting of the Working Group on Firearms held in Vienna on 21 and 22 May 2012

2nd Session of the WGFA

Challenges and good practices in countering illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, and measures to facilitate the implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime*

Report on the meeting of the Working Group on Firearms held in Vienna from 26 to 28 May 2014

3rd Session of the WGFA

Report on the meeting of the Working Group on Firearms held in Vienna on 9 June 2015

4th Session of the WGFA

Measures to prevent and reduce illicit trafficking in firearms, improve regional and international cooperation and related technical assistance activities

5th Session of the WFGA

Contribution of the Firearms Protocol in supporting the achievement of target 16.4 of the Sustainable Development Goals and activities of the United Nations Office on Drugs and Crime to promote its ratification and implementation

Report on the meeting of the Working Group on Firearms held in Vienna from 8 to 10 May 2017

6th Session of the WFGA

Practical measures under the Firearms Protocol that contribute to preventing criminal organizations and terrorist groups from acquiring weapons through illicit trafficking, and to monitoring the achievement of target 16.4 of the Sustainable Development Goals

Activities of the United Nations Office on Drugs and Crime to promote ratification and implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime

Report on the meeting of the Working Group on Firearms held in Vienna on 2 and 3 May 2018

7th Session of the WFGA

Responsiveness of the Firearms Protocol and national legislation to new and emerging threats relating to the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition - Background paper prepared by the Secretariat

Investigative and prosecutorial approaches in countering illicit firearms trafficking and related forms of crime within and across jurisdictions - Background paper prepared by the Secretariat

Report on the meeting of the Working Group on Firearms held in Vienna on 16 and 17 July 2020

8th Session of the WGFA

Reducing illicit financial and arms flows to achieve target 16.4 of the Sustainable Development Goals - Background paper prepared by the Secretariat

From arms transfers to firearms trafficking: application of the Firearms Protocol in the context of diversion - Background paper prepared by the Secretariat

9th Session of the WGFA

Preventing and combating the illicit manufacturing of and trafficking in ammunition - Background paper prepared by the Secretariat

Proposal for a multi-year workplan for the Working Group on Firearms - Background paper prepared by the Secretariat

Report on the meeting of the Working Group on Firearms

Status Of Ratification

In accordance with article 18 (1) and (2) which reads as follows: "1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later."

At the beginning of the programme, 84 countries were Party to the Protocol. To date, the number has increased to 122, an increase of 38 parties during the implementation period.

For more information on the status of ratification of the Firearms protocol, please access: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-c&chapter=18&clang=_en

Status

Parties: 122

Adherence per region

Latest Accessions

Country	Date
Comoros	4 June 2021
Germany	14 October 2021
Luxembourg	9 May 2022

General Assembly Resolutions

In its resolution 55/255 of 31 May 2001, the General Assembly adopted the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime