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Brazil
Source
: National Report on the Implementation of the ITI, 2008 
Date
: 09/07/2008
National Report
:
 
Contact
: Division for Disarmament and Sensitive Technologies (Divisão de Desarmamento e Tecnologias Sensíveis (DDS))
Email
: dds@mre.gov.br
 
 
 
 


National laws, regulations and administrative procedures:

Disarmament Statute (Law No. 10826, December 2003) Ministerial Act No. 7D (issued by the Logistics Department, Ministry of Defense, April 28th 2006). Ministerial Act No. 16D (issued by the Logistics Department – Ministry of Defense, December 28th 2004).

 

 
 
 


National Marking Practices:

The actual marking system is subject to military inspections and all markings must be resistant to removal or alteration attempts. A printing depth of 0.10 mm is required by means of mechanical deformation in metallic components. According to the Ministerial Act No. 7D, all firearms produced in Brazil must bear the following markings: i. name or brand of the manufacturer; ii. name or code of the country; iii. caliber; iv. serial number; v. year of manufacture. In case of firearms destined for export, besides the marking explained above, any marking required by the importing country must also be provided. Replacement parts produced for the national market must be marked with the same numbering used in the weapon they are destined for, preceded by the letter “R”. According to Ministerial Act No. 16D, all ammunition commercialized in Brazil, whether manufactured nationally or abroad, must be placed in packages containing a bar code engraved (not stamped or glued) on the box, in order to enable the identification of the manufacturer, the purchaser, the product and the delivery lot. Moreover, most ammunition (calibers .380, .38, .357, 9mm, .40, .45, 5,56mm, .30, 7,62mm, .50 and 12-gauge shotguns) purchased by public bodies must contain identification of the lot and of the acquirer on the butt of each round.

Marking at the time of import:

Firearms imported to be used by public bodies are required to have the same marking as those produced in Brazil. All imported firearms to be sold in the specialized commerce by registered companies must be marked 3 by the manufacturer with the name of the importer.

Marking of SALW in the possession of government armed and security forces:

All firearms acquired by the Armed Forces, the Federal Police Department, the Federal Highway Police Department, the Military Police, the Military Fire Brigades and other federal public bodies must be marked with the Federal Republic blazon as well as the name or initials of the organization. The equivalent demand is placed upon all firearms acquired by state public bodies and municipal guards.


Measures against the removal or alteration of markings:



 
 
 


Accurate and comprehensive records for all marked SALW within their territory:

Since 1997, the Brazilian Government has maintained a National Arms Registry (Sistema Nacional de Armas, SINARM), initially created by Law No. 9437 (20/Feb/1997). After the entry into force of the Disarmament Statute, in 2003, SINARM has co-existed with the Military Firearms Management System (Sistema de Gerenciamento Militar de Armas, SIGMA). SINARM was instituted by the Ministry of Justice and has been operated by the Federal Police, while SIGMA was instituted by the Ministry of Defense and has been operated by the Army Command. Both registries have jurisdiction over the whole national territory and, at present, are mutually accessible. These registration systems allow the Brazilian Government to identify the characteristics and owners of firearms, as they contain information regarding all firearms produced, imported and sold in Brazil. The records also include all authorizations to carry firearms and the renewals issued by the Federal Police, as well as all transfers of ownership, loss, theft, robbery and other events liable to alter the enrollment data. All firearms dealers operating in Brazil are registered, including authorized manufacturers, wholesalers, retailers, exporters and importers of firearms, accessories and ammunitions. Another important data refers to firearms seizures, including those related to police and judicial proceedings. Manufacturers and importers are also required to create and maintain databases which are able to provide, at least, the traceability of the following information: i. name of the purchaser; ii. sale authorization issued by the Army; iii. product code; iv. ammunition description; v. delivery lot; vi. sale receipt (number, series, date and amount); vii. transport authorization (number and date). Such information must be made available at real time to the appropriate division of the Brazilian Army and must be kept for a period of ten years, at the end of which it should be transferred to the Army and the Federal Police Department.

 
 
 


Measures taken for undertaking traces and responding to tracing requests
:

The legislation also establishes close cooperation between the Army and the Federal Police Department regarding the traceability of seized ammunition.

Operational Informaton Exchange:

Brazil has signed with Argentina, in 2003, a Memorandum of Understanding to Establish a Permanent Mechanism of Information Exchange on the Circulation and the Illicit Traffic of Firearms, Ammunition, Explosives and Other Related Materials. The MoU entered into force in July 2006. Another bilateral MoU was signed with Paraguay in November 2006: Memorandum of Understanding for Cooperation Against the Illicit Traffic of Firearms, Ammunition, Accessories, Explosives and Other Related Materials. Both agreements are in accordance with a related instrument signed within Mercosur, entitled Memorandum of Understanding for Information Exchange on the Manufacture and the Illicit Traffic of Firearms, Ammunition, Explosives and Other Related Materials (CMC Decision No. 15/04).

Needs and Request for Assistance::

Implementation challenges and opportunities:

Every effort has been made to successfully integrate both arms registries and to consolidate all existing information regarding firearms in Brazil. Despite the undeniable difficulties of such undertaking, all involved areas of the Brazilian Government are committed to the continuous improvement of the available information, a process which has been receiving increased attention over the last years.