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Uruguay
Source
: National Report on the Implementation of the PoA and the ITI, 2008 
Date
: 13/07/2008
National Report
:
 
Contact
: Colonel Luis V. Bachini, Director-General of the Materiel and Weapons Service
Email
: sma@ejercito.mil.uy; armassma@ejercito.mil.uy
 
 
 
 


National laws, regulations and administrative procedures:

By Act No. 17,300 of 8 March 2001, Uruguay approved the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), article VI of which requires States to adopt a number of measures for the purposes of identification and tracing of firearms. Moreover, by Act No. 18,233 of 11 December 2007, Uruguay approved 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 (also known as the Third Protocol to the Palermo Convention or the Firearms Protocol), article 8 of which requires States to draw up rules on marking for the purpose of identifying and tracing firearms.

 

 
 
 


National Marking Practices:

In accordance with the international commitments undertaken by the Republic, on 19 March 2007 the Government issued Circular SMA 001/RNA-E/07, which provides that any firearms and ammunition that are manufactured in or imported into the country must be marked in the manner established in the said Circular, with the same rule applying to other related materials, where relevant (article 1). At present, there are no national firearms manufacturers; however, our legislation does contain provisions on manufacturing firearms and ammunition. In the event that the manufacture of firearms and ammunition is authorized, the manufacturer(s) must observe the applicable rules. One such rule is found in article 3, paragraph 1, of Circular SMA 001/RNA-E/07, which establishes the following: “All firearms, ammunition and related materials shall be marked at the time of manufacture. They shall not be allowed to enter the national market without the proper markings.” Article 4 of Circular SMA 001/RNA-E/07 states the following: “Firearms and other related materials shall be marked using geometric symbols, numeric or alphanumeric code, or a combination of both, containing: (a) the country or place of manufacture (producer); (b) the name of the manufacturer; (c) the serial number and trademark; (d) the year of manufacture; (e) the weapon type, calibre and model; (f) the country of import and year of import; (g) the name of the importer; (h) the name or acronym and coat of arms of the official institution, where applicable. Article 6, meanwhile, establishes the various types of marking, as follows: “Markings shall be applied to firearms and other related materials by stamping or, where applicable, casting, engraving, branding. Alternatively, a plate containing information on the characteristics of the weapon or material concerned may be nailed or welded onto the firearm or other related material.”

Marking at the time of import:

Since there are at present no national firearms manufacturers, the provisions relating to the marking of arms apply to all imported firearms authorized to enter into the national territory, either as the final destination or as a transit country. Article 4 of Circular SMA 001/RNA-E/07 provides that the ‘country of import’ code shall be the combination of letters UY (the vowel ‘u’ and consonant ‘y’, both in upper case).

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

Article 10 of Circular SMA 001/RNA-E/07 states the following: “Small arms and light weapons and other related materials that are intended for the use of the Armed Forces, National Police and other authorized official institutions shall also be subject to marking, as established in article 4, paragraph (h).”


Measures against the removal or alteration of markings:

Article 8 of Circular SMA 001/RNA-E/07 provides the following: “All markings must be durable, permanent and indelible. Markings shall be applied in such a way as to ensure that the information contained therein remains even if attempts are made to remove or alter it.”

 
 
 


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

Firearms whose final destination is Uruguay are registered in a database that never expires, since it is maintained indefinitely. Uruguay has a comprehensive National Firearms Register dating from 1943, which is maintained indefinitely through the issuance of Arms Possession Permits to persons authorized to bear weapons. All customs operations relating to the import, export and transit of firearms, ammunition and explosives and related materials must be checked, authorized and properly registered.

 
 
 


Measures taken for undertaking traces and responding to tracing requests
:

Article 8, paragraph 2, of Circular SMA 001/RNA-E/07 provides the following: “In all cases, the Materiel and Weapons Service may provide the batch number or another marking at its disposal in order to identify properly imported firearms, ammunition and other related materials whose final destination is the Eastern Republic of Uruguay.”

Operational Informaton Exchange:

Uruguay participates in regional and international meetings aimed at strengthening cooperation on information exchange, particularly in the context of the Common Market of the South (MERCOSUR), so as to ensure a rapid and effective response to requests by national and foreign authorities for information about firearms.

Needs and Request for Assistance::

Implementation challenges and opportunities:

States need to be reminded of the importance of adopting measures to ensure that national manufacturers mark all the firearms (and ammunition, where appropriate) that they produce in accordance with the provisions of the Third Protocol to the Palermo Convention, CIFTA and the International Tracing Instrument without any exceptions being made in relation to the quantity of batches or items to be manufactured, additional costs entailed by such marking, or for any other reasons.