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Argentina
Source
: National Report on the Implementation of the PoA, 2008 and 2010 
Date
: 09/05/2011
National Report
:
 
Contact
: Ambassador Elsa Kelly
Email
: digan@cancilleria.gov.ar
 
 
 
 


National laws, regulations and administrative procedures:

National Weapons and Explosives Act No. 20,429 Decree No. 395/75

 

 
 
 


National Marking Practices:

Authorized manufacturers are required to place appropriate and reliable markings on each weapon as an integral part of the country’s manufacturing process. Weapons intended for civilian use must bear a trademark and consecutive numbering on a main component so that the latter can be seen without disassembling part of the weapon. (Decree No. 395/75, annex I, article 11.). The María Computer System, which records import and export destinations, requires the person providing the information to indicate the trademark and model, type of action (single or double), calibre and firing mode (single-shot or semi-automatic). Weapons manufactured for export are engraved or stamped with a mark identifying the importing country.

Marking at the time of import:

Decree 395/75 provides that imported weapons must also bear a trademark and serial number. If these are absent, article 11 of the same Decree provides that military weapons must be marked when they are sent to RENAR. Based on National Weapons and Explosives Act No. 20,429 and the decrees regulating its implementation, point 1.3 of annex II to National Customs Administration (ANA) regulation No. 3115/94 and its amendments round out the regulations, providing that all imported firearms must bear a trademark and numbering.

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

In addition to the trademark, military weapons must bear consecutive numbering (a serial number) indicating the weapon category, located on the most prominent parts (barrels, frames, slides, bolts, magazines, etc.).


Measures against the removal or alteration of markings:

In cases where a visual inspection of imported weapons reveals that previous markings and serial numbers have been removed, the competent local monitoring authority must intervene.

 
 
 


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

The regulations in force concerning lawful users, the production, domestic sale, export, re-export, import, transit, destruction and correct identification of weapons make it possible to maintain a suitable register for the correct and reliable tracking of firearms. Manufacturers must submit monthly reports of their production. Any sales or purchase of firearms must be recorded by commercial actors in an Official Operations Registry Book and sent to RENAR on a quarterly basis. The report must contain complete information on the purchaser and of the arms and ammunition concerned (including type, firing system, manufacturer, model, calibre and serial number. The Argentine State requires that registries of firearms in the possession of enterprises terminating their operations must be turned over to the National Arms Registry (RENAR) in accordance with the legislation in force. The registry is a RENAR computerized national database, which has been in operation since 1993. The information is stored indefinitely in a central location. Act No. 25,938, adopted in October 2004, established the National Register of Confiscated and Seized Firearms and Controlled Materials, under the authority of RENAR.

 
 
 


Measures taken for undertaking traces and responding to tracing requests
:

Since the adoption of Act No. 25,938 on confiscated weapons, Argentina has had a fundamental tool enabling it to determine if arms are being diverted to the illegal market and to identify the most recent lawful user: a centralized registry to which all jurisdictions are obliged to send detailed information on weapons confiscated under their jurisdiction (serial numbers, persons involved and location of the depot). RENAR is currently implementing the statistical information procedures and analysis that will serve to identify the modes of operation, apply preventive measures and decide on the procedures to be followed to optimize investigation of the origin of controlled materials with which offences have been committed.

Operational Informaton Exchange:

On 7 July 2004, the Ministers for Foreign Affairs of the four member countries of MERCOSUR signed, in their capacity as members of the Council of the Common Market, Decision CMC15/04 through which they adopted a memorandum of understanding for exchanges of information on the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials between the States parties of MERCOSUR. This memorandum will establish a subregional mechanism to tackle the problem of illicit cross-border trafficking, making it possible to promote inter-agency cooperation and information exchange networks among the law enforcement authorities in each of the member countries of MERCOSUR.

Needs and Request for Assistance::

Implementation challenges and opportunities:

With regard to the provisions on cooperation and assistance in tracing and marking arms contained in the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons, Argentina is able to render bilateral and multilateral technical assistance, upon request from the competent authorities, in building national capacity in the areas of marking, record-keeping and tracing, to support the effective implementation of the Instrument by States. Subregional initiatives on tracing are covered in section II (Regional level) on the instruments adopted by MERCOSUR and the associated States.